Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-12-21


apology IN the light you may view this trans
action, has been apologized for and taken back;
but there is one remark In the concluding por-
some observations from me, and do not make
| them by way of defense for the course that
purpose to pursue, because cannot consent
70 pe put on the defensive while occupying the
| position of Judge.
This statement is: 4" cannot admit beyond
TINS tina. 1 1G IN any!wise censurable for re-
| for the first time, believe in a life OF more
| than three score years" There is here
| alluded to the language which / unouestion
| Of yours, 10 wit: "If you state I am arruing
the cause to the jury, you state what you know
| to be untrue"
That is substantially and probably ,,s,a,,,
| accurate in reference 10 the statement made nv
me, and only desire in this connection 70 ~
| call TO your mind some Of the circumstan cas
ont of which that statement arose. wouId
not have you labor under the delusion, which
1 believe you do, that provocation was given
to you without cause, and 10 which you re-
piled in the manner conceded by this answer
Of which we were all too sensibly aware
This controversy arose, as you well know,
upon an objection made by Mr.. Merrick as to
what was the meaning of the stipulation YER
baily entered into between counsel as to the
admission of certain evidence that had been
given on former trial. ..H
As understood It, 1T was proposed by MIR.
Bradley to read to the jury the deposition OF
MRS. Brown 10 show that on a former trial she
omitted, as / then understood, 10 state in her
former evidence that she resided az the house
OF Mrs. Speak, when on the present trial she
mad sworn she resided there a very csnsidera-
Bile time. Tor the purpose of showing TO the
Jury that her omission TO state when being in
CURED OF as TO the various places where she
resided in Baltimore before coming to the CITY
of Washington, was evidence proper to be sub
mi 1t to the jury to impeach the veracity of
In connection with that offer, manfred NJ
Mr.. Bradley whether Mrs. Browns attention
bad been called, on her examination, to the
fact whether or not she resided at this house,
and being answered in the negative, then re-
marked that the evidence seemed to me not 20
be of that character which authorized a Jury TO
infer any Intentional want Of veracity on the
part of Mrs. Bro WE; that the circumstances oc-
CURED thirty years ago, and It might well be
regarded as mere lapse Of memory TO state
that fact rather than an intentional falsehood
1t was in reply to those suggestions, as 1 now
remember, that you made the remark: aYou
must not argue this cause to the Jury" ac-
companied with great excitement, and some
thing like menacing gesture, 10 which SIM
ply replied; MIR. Bradley, l am not arguing
the cause TO the jury" to which you retorted:
you are, sir. l won't permit that to be done"
1t was then that replied: 'sIf you state am
arguing the cause 10 the jury, you state wha,
you know TO be untrue''
These are the precise circumstances, so far rs
now remember Perhaps my recollection is
not so clear and just as some others who were
Indifferent observers Of what was going ON: but
situated as / am here, 1 must be the Judge, and
act upon my own convictions. think il will
uHutIStUOu on every lawyer. certalQlV Dy
every judge, that the implied insinuation in
the charge that was arguing the cause TO the
jury, might well be understood 10 mean that
had laid aside for the time being the Office OF
Judge and taken that Of the advocate: an insin
uation which If 50 meant and Intended would
be scarcely less offensive than the Language
subsequently made use Of 1 do not wish to
be understood, by any means, as making this
statement by way of excuse or apology, only
state II as bringing 10 your recollection what
understood to De the circumstances and the &C.
One other remark not contained in the sworn
statement filed, but made by You yesterday, To
me eneet that AFTER ordered the Marshal TO
make the arrest and TO remove you from the
room, that again repeated some offensive Ian.
guage to you, the purport Of which do not now
remember, but in substance to the effect that
would teach you how to behave
Mr.. Bradley;-Wll your Honor allow me to
interrupt You herel
The Court.oertainly.
Mr. Bradley.-May it please the Court: That
preceded some time the remark which fell from
Your Honor, and to which l replied. Tina,
remark was made when / said / would moi
allow any one TO interfere with my conduct OF
q cause before jury.
The Court am quite confident in my recoI-
lection that after the words, sYou are a liar,
sir, were made use of, made no other reply
In the court room, but Immediately directed
your arrest and removal. According to my
recollection. you have conf0unded AN incident
which occurred in my passage from this room
TO the clerks office with what passed here and
TO which i do not purpose 10 make any allu-
sion.
MIR. Bradley.-If your Honor will permit me-
i desire TO say that in the rule laid on me, NO
reference was made TO the second offeuse, and
my answer was confined to the rule, otherwise
L should have referred TO il, and offered an ex-
PLANTATION.
The Court.-That is true, no reference was
made to what transpred there, and do mo-.
wish to revert to Ii now.
As before observed, think that under your
understanding of what transpred YOU have
made all the PREPARATION that gentleman couId
be expected TO make the Offense MI cd IN
you; and yet do not think that in the exercise
OF the duties and responsibilities imposed upon
me this matter can be excused and while say
that am not disposed TO mark it with any ex.
traordinary or severe penalty, and do SO first
because of my great respect for you, for your
great confessedly high standing at this bar, and
also for your social disposition and general
bearing as an officer Of the Court, do what
do simply from a sense of duty.
And do ii, confess to You, with more pain
than ever discharged any public or private
duty in my life. An order must be made that
you be convicted of a contempt of the court,
and that you be fined in the sum OF Sl00.
j have made the penalty thus small because
l do not believe-l win not believe for a mo-
ment-that any intentional, premeditated in
suit was designed. 1t is one OF those occur
FENCES that sometimes happen with men of ex-
citable temperaments when they suppose they
ronabIy had. - -
1t is the only unpleasant occurrence that has
transpired since my connection with this court,
and concur most cheerfully in all you said
Il ee you have done
You could 10 render the duties Of this court
pleasant and easy OF performance, and il
know my own heart, have endeayored to ex-
tend towards you every courtesy, every indul-
gence consistent with the proper sense OF nv
duty. So am sure have my associates
hope 10 thus act SO long as continue here;
but when see what think TO be the path of
duty clearly, God helping me must follow it,
CRIMINAL COURT, Judge Wylie.-This MORN
ing, the Marshal returned the following TO
serve as Grand Jurors for the present term:
Geo. Mattingly, VIM. ]. Murtagh, John r. FL
vans, Chas. E. Rittenheuse, Riley A. Shinp,
Lewis Payne, Geo. y. Clendenin, John Fox
Thos. BlaRden, Geo. W. Riggs, Simeon Gar
rett, Jos. Bryan, VIM. Orme. Henry -Semkin,
Mathew Il. Emery, Samn Norment, VIM. b.
Todd. Sam1 r. Sylvester, Jos. Follansbee,
Adam Gaddis, Alfred Richards, who were
sworn, Mr.. Mattingly as foreman, and after
the Judge had briefly charged them, urging
them as so much of the term had passed with.
ont any business having been transacted. and
the Jail being filled with prisoners, to expedite
tne business as much as possible, and TO meet
at 10 O'Clock daily, they returned to their room
Messrs. +. French and John Hitz were