Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-07-18

from the head OF the s;airs near The foo, o,
which the assault occurred, about the TIM the
affair terminated.
Mr.. Painter, we learn, mad been xNrn,,
apprehend physical danger from that ouart4r
lie was severely, though not danRerou.ly
hurt. His head is badly bruised by the kick
received. and be was LEFT insensible and help
less when ms sssailsnt was torn away from
him. After being carried into the mrnitta-
room and properly cared for, he was sent 20
his residence in q carriage.
The affair was brought up in the House ye>-
terday, and n resolution adopted 10 bring the
offenders 10 the bar OF the House, ana appoint
ing committee 70 investigate the AFFAIR.
Beverage is well known in this community
As shoulder hitter, and leader of the pestIlent
gang Of desperadoes styled the estates Hose"
whose exploits created such terrorism here
formerly. He rs man of great physical
power, and desperate purpose; and, but ior
the interference of others, Mr. Painter would
apparently have stood little chance OF es-
Gaping alive.
The Committee appointed 70 investigate the
case were in session to-day, and took the eva
dence of all the witnesses except Painter,
Senee aed 10 show ,nss ss cyl
implicated In the assault, and the Committee
thereupon, decided 10 recommend his dis
charge. In the case OF BeyerIdee they decided
10 recommend that he be held IN the custody
OF the Sergeant-at- Arms until the attn of March
next, al which time theauthority of the pres
ent House expires.
THE ASSAULT AT THE CAPITOL Wrif o. No.
btds tOpWs.-This morning, Judge WylIe. OF
the District supreme Court, issued writ of
hdbeos corps directed to n. II. Ordpay, Ser
geant-at- Aims OF the House of Representa-
tiyes, commanding him to produce before the
Court the bodies OF BENJAMIN T. BeNeridg..
and Edward Towers, who were arrested by
the Capitol police for assaultng Mr.. L n
Painter in the Capitol yesterday. The petnIsn
on which the writ was issued was presented
by ex-Goyernor Ford, OF Ohio, and William
d., Ii - 49, III
the petitioners were then i'm the custody of the
Arms, having committed no GRIM
NAL ofense, and being held without authority
OF law.
The writ was served on Mr. Ordway al the
Capitol about II y O'Clock, and he replied that
he would appear IN half an hour. but a. was
not until past one O'Clock that he appeared
and made \ return on the writ by attaching
the resolution adopted by the House yester-
day, and stating that he held the prisoners by
virtue of said resolution. The prisoners were
not brought into court.
Mr.. Rankin, for the petitioners. said that Their.
was no proper return Of the writ. aud Its pre-
cepts had not been complied with by Mr. Ord
way oy producing tie petitioners. lie urged that
the Sergeant-at-Arms was guilty of contempt
and argued that a mere resolution of one house
of Congress could not authorize an officer of
the House 10 dIsobey the mandate of the court.
and in these times he resolution of Congress
could take away the liberty of q dog much
less The liberty OF man. He had set al nought
the authority Of the court, probably AT the ad-
vice OF the investigating committee and he
should be taught 20 respect the mandates OF
the court, and receive what punishment the
court saw proper TO infiict on him
The military days have passed aud a return
that person Is held by order O. the Secretary
Of War. President, of other officials is not now
a sufficient answer TO a writ OF haIse6s csy-,,,R
IL the Court held that such an endorsement a.
bad been made was sufficient, and that an I'M
der officer of Congress can stand defiant 20 the
precepts o. the court. then there would be an
end TO the privileges o. the hdbeus c0rDUs.
Judge Wylie remarked that W hen the appli-
cation was made he thought IL best 70 allow
the writ TO Issue, because IL contained no aver
ment which was fatal; but n the petition had
contained the aNerment that Oriway held the
prisoners by authority of the House of Repre-
sentauyes he would not have ordered the writ
OF issue. The petition merely states that those
men Were imprisoned falsely and illegally
held without stating under what AUTHORITY:
and the return states the fact wanting in the
petition. The resolution was enough. aud on
reflection. he was satisfied that the Court
should have taken judicial knowledge of the
passage of the resolution, rs all United States
courts are required 10 take judicial knowledge
of acts and resolutions OF Congress- He doubted
whether he should have issued the writ The
question involved bad been settled long since
IN the case OF Dunn agt Anderson, reported
in 9th Wheaton. page pa. when il was held
that man arrested BY authority Of either
House OF Congress could not maintain an ac-
ton for trespass against the Sera cant at Arms.
sufficient justification.
twas not for the court 10 know whether
the House was right or wrong in the passage
OF the resolution, but IL was enough TO know
that the resolution had been passed. The reso-
luton, which rs made a part of the return.
sets forth that the parties were arrested for
breach of the peace IN the Capitol, and IL WAS
now within the judicial knowledge Of the
Court. III the Capitol Us TO be made the scene
for breaches OF the peace, murderous assaults
&c. and Congress is powerless to preserve the
peace and hold parties in custody who NAV be
guilty, then the entire country will wake up
in establishment.
As TO the objection TO the return that the pris-
oners were not produced that was for the
court. II the Court insisted on the parties be-
ing brought into Court they would no doubt
be produced. The writ having been inadyer
tently issued no return is necessary. He did
not think that the Court was bound to require
the production OF the bodies in Court, and
whether they were IN Court or not the case
might Be- decided He directed the petition to
be quashed.
The object Of the writ was TO get the prison.
ers before Court that they might be admitted
to bail.
Mr.. Ordway stated, after the conclusion OF
the case, that the committe of the House were
then examining witnesses in the case.
D
ARREST ON A CHARGE OF MuRDER-Last
night Omcer q. U. Miller arrested a negro