The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-05

ESPECIAL DESPATCH TO EVENING TTLBeRAPH. I
BALTIMORE, November 8, 1'3O P. M.-At 1'2O
O'clock the affidavits of Messrs. Schley and
Horwitz were read and presented to the Judge.
One showed that the writ had been served at a
quarter before O'Clock this morning, and the
other that the Warden of the Jail had been
lounging about the Court House all the morn
ing. Upon these afidavits . motion for pro-
ducing the bodies of the Warden and his
prisoners without further delay was based The
argument commenced upon the motion, and is
still being continued. Points made by the
counsel on both sides are being very nicely
drawn and thoroughly elaborated.
Mr.. Schley, who has been on the floor halfa-
dozen times. contends that it is plain to every
one thet the Warden is seeking to evade the re-
quirements of the law, to detain these important
officers of the city OF Baltimore in custody, in
order that they may be prevented from holding
an election tomorrow. The principal difficulty
with the Judge appears to be the provision of
the code which requires the return to be made
within three days alter service of writ
Mr.. Horwltz undertook to remove this diff
Guilty by suggesting that their bodies must be
produced at once, while the return of cases of
detention might be delayed not longer than
three days. hessrs. Rogers and Alexander
counteracted this position by a forcible argu-
ment, still leaving the Court inquring -"How
do we know that the Warden is in default until
! the time allowed him by law has elapsed ?'
Mr.. Stockett Matthew's, one of the Warden's
counsel, has appeared, and stated that it is the
intention o. his client to make full and com
| plcte return to the writ, at the same time pre-
| duciDg the Godies OF the prisoners, as soon as
| his colleague, States Attorney Maund has
had time to complete the necessary legal papers,
During the argument, which still continue
the proceedings were frequently INTERRUPTED by
applause or expressions OF approval. These al
| last were efiectualy checked by Judge Bartol
who assured the spectators that, if necessary
he thought he could find Uower to enforce
| respect to law, even though it was represented
| by himself sitting alone.
The principal streets are still crowded with
people, some of whom are moving rapidlv in
| crowds from one point 10 another, while others
| have taken up stationary positions to await de-
| velopments. Every now and then large squads
of police are seen proceeding in some direction,
| upon some mysterious errand, but thus far
| everything has remained quiet, there having
been but one disturbance, which was of trivial
nature, and queled by the police on the spot.
(FRoM THE ASSOCIATED PREss.l
BALTIMORE 2'30 P. M.-The proceedings before
| Judge Bartol are still in progress. The counsel
| or the Sheriff and new Police Commissioners
have introduced petition that, inasmuch as
there is reason to believe that the Warden of the
all is seeking to evade prompt return of that
writ by unnecessary delay, that, therefore, a
new writ be issued, directed to the Sheriff or his
| deputy, to bring the Warden of the Jail before
the Court with the prisoners. Upon the admis-
sion of this petition, the counsel are now
arguing.
Capture Of FIREARMS.
ESPECIAL DESPATCH TO THE EVENING TELEGRAPH. I
BALTIMORE, November So p. M.-The police
authorities have just captured a lot OF muskets,
some two or three hundred in number in the
possession of some notorious Rebel sympathizers
on Charles street. It is rumored that two or
three persons we're shot during the attempt to
get possession of these arms and that the driver
of the wagon in which they were taken away
| was killed.
The arms were conducted, guarded by strong
| force of police to the headquarters of the Com
missioners on Holiday street. large, excited
crowd fol owed the procession through the
streets, but no attempt was made to interfere.
[FRoN THE ASSOCIATED PREss.]
| BALTIMORE Nov. 5-3 P. M.-AboUt 2 O'Clock
the Marshal OF Police. having learned that arms
were being distributed to certain parties at
Benefits auction store, on Charles street, went
thiiher with a strong force OF police, and found
in an upper room parties engaged in loading
pistols and other arms.
Resistance was offered, and one man, citi.
zen, was shot; put the police seized the esta-
bhshment, toeetber with the parties therein,
and about $50 boxes OF firearms and ANNA
| ni,on.
| The New Commi ssIOners TO Remain in
| jail Until Thursday.
BALTIMORE, November $40 P. M.-The
| Court has decided that the Warden OF the CITY
| jail has three days TO make his return, which
will not expire until Thursday morning 81
o'clock,