The Portland daily press., 1866-11-06
LATEST NEW S
BY TELEGRAPH TO THE
PORTLAND DAILY PRESS.
Tueslay Morning, November 6, 1866
FROM BALTIMORE.
SEIZURE OF ARMS and AM
MUNITION.
Propositions from General
" Grant.
OPINION OF ATTORNEY GENERAL
RANDALL.

| BALTIMORE Nov. g.
AT nine o'clock this morning Judge Barto
| Associate Judge of the Court of ApDeals ar
| peared in the court room of the Circuit Cour
and took his seat on the bench to receive tn
return upon the wrlts OF habeas corpus issue
| by him. A few moments past nine o'cloc
Judge Bartol inquired if the writs had beef
issued upon the Warden of the Jail.
Mr.. Latrobe, in behalf of the new Commits
sioners appointed by the Governor, announces
that the writs had been served at O'Clock thi
| morning. and added that he had lust learne,
that the Warden of the Jail had been at tn
Court House this morning about o'clock with
out the prisoners; that, in reply to an INQUIRY
he had said that his means of conveyance wal
exhausted, and that he had come here to get
supply. Latrobe added in a sarcastic strair
that ne thought there were other hack stand
much nearer to the Jail than the Circuit Court
| He would not say whether this was or was no
merely continuance of the efforts of the 9th
| er side to consume time. He did think, how
ever, 1t looked like it. Judge Bartol reminded
the counser that the warden was not obliged t.
make return instantly. The law gave hin
three days in which to make his return. Mr.
Schiey considered that the intent of the Law
In this particular case was that three days
should be the utmost limit, and unless ther.
was unavoidable impedment he. the warden
was bound to produce the prisoners witbou
delay. Judge BartOl said the writs were is.
sued by him at five o'clock Saturday evening
but 1t appeared from some reason they were no
served until this morning. Mr.. Schley begged
the court would wait a reasonable time further
Tor the warden to make his return and produce
the prisoners.
IL A. M.-The Court is still waiting and the
prisoners have not yet been brought in.
Alter some further waiting and the prisoners
no n0t appearing, MIR: Horewtz, in behalf of Sher-
Id Thompson, said: "We have now waited one
hour and a half after the hour named for the
return of the writ. 1t was apparent the War.
den OF the Jail was seeking pretext for delay
He 1.-THE Warden) had come to the Court House
early with the prisoners for the Criminal Court
which Court did not meet for an hour after thi
Court, and had not brought the prisoners on
whose behalf the writs of habeas corpus had
been issued. 1t was perfectly frivolous in him
to say he had not sufficient conveyance to bring
them. He added, but we are not without q
remedy; the law made it the duty of the War
den 10 make prompt return or show sufficient
reason for delay. This has not been done, we
therefore, in behalf of our client prepared pc.
tition that his Honor would command the Dep.
uty Sheriff to forwith bring the Warden before
the Court, together with the High Sheriff"
Mr. Schley said he would, on behalf of his
clients, have similar petition to offer
MI. Alexander, the connsel for the old Com
mlssloners, now appeared and expressed de-
sire to be heard. He understood the Warden
was now in consultation with counsel and he
had no doubt some return to the writs would
shortly be made.
Messrs: Schley, Latrobe and Horton desired
to know if Mr.. Alexander could inform them
definitely what the returns would be.
Mr.: Alexander said he was not counsel for
tle arden, ana could not say what the return
would be. He hoped and expected, however
that by one T. NJ such return would be made
as would render any further proceedings here
unnecessary.
21-2 p. M.-The proceedings before Judge
bartol are still progressing. The counsel for
nrldp nI.a No..
introduced petition that inasmuch as there is
reason to believe the Warden of the Jail is seek.
ing to evade the prompt return of the writ bS
unnecessary delay, that, therefore, new writ
De issued directing the Sheriff or his Deputy
to bring the Warden before the Court with the
prisoners. Upon the admission of this petition
the counsel are now arguing.
AUuut z-O'efock the Marshal of Police having
learned that arms were being distributed ts
certain parties at Benefits auction store, on
charles street, went thither with strong force
OF police and found in the upper room parties
engaged in loading pistols and other arms Re
slstance was offered, and one man, a citizen
was shot, but the police seized the establish
ment, together with the parties therein, and
also about one hundred and fifty boxes of fire
arms and ammunition.
r. Stockell Matthews appeared as counse
for the Warden and maintained that his ellen,
by the terms of the law clearly had three day.
in which to make his returns.
After some further remarks by MIR. Horwitl
IN support Of his petition, Judge Bartol rem
dered his decision. He said the statute wa.
very plain in the premises 1t gave the War
den three days, within which he is to produce
the bodies OF the parties who have been impris
oned, and explain the cause of their detention
and he could not, in the absence of proof tina,
1t was his purpose to violate his duty in tha,
particular, issue compulsory order to do whal
the statute does not impose upon him the abso
lutte duty to perform After some consultation
between the counsel the Judge fixed Thursday
morning, at o'clock, for the return.
Second Disqualification. Grants visit to this
city is understood to have been for the purpose
in his capacity of private citizen, solicitous O
| preserving the peace, to make the Police Com
missioners of Baltimore at the instance @
| Governor Swami, the following proposition
First that each set of Commissioners caus,
separate polls to be opened in the several elec
ton districts, and receive such votes as may b,
decided to be legal, by their Judges Of Election
and have these votes classified and certified t,
the State Legislature and TO Congress- Tn
foIce commissioners respectfully declined t.
| entertain this proposition as it would be con
trary to the election laws of the State, and tina
by accepting. it they would be guilty of wols
| malfeasance in Office than any that has beef
charged against them. That it was their pur
| pose to conduct the election in accordance witt
the provisions ofthe laws and Constitution OF tn
| state, and that it was not in their power t
make any agreements that conflicts with tn
law, - :
The next proposition made was substantial,
as follows: That the old Police Commissioner
appoint one conservative judge of the three t
be appointed at the polls; that these judges re
| celve the votes of those who present themseiye
and who are found to be upon the several reg
| listers; that two setts of ballot boxes be used il
| one OF which are to be deposited the votes &C
cepted, and in the other the votes rejected.
The hrst part Of this proposition was simpl,
N q mr. fln l. T. 4
exander before Gov. Swami, whilst the charge
against the Commissioners were being investi
| gated; 1T was made then as concession by tn
party in power to the conservatives with tn
view of preserving the peace, and the Commis
sioners having already announced officially il
the morning papers that they would appoin
one judge and one clerk in each precinct, iron
the conservative party, there was of course n
objection to it. The remainder of it being full
ly covered by the provisions of the registry law
OF course there could be no objection about thi
portion of the proposition.
The particulars of the seizure of arms are a
follows as near as can be ascertained: "Upo
information heing received at the Polio
Commissioners office that certain partie
were engaged in preparing to resist thei
tain individuals were then engaged i
preparing to distribute arms for such resist
ance, and those parties were in an upper stor
OF Burnetts auctiOn house, on Charles Stree
They sent thither Marshal Carmichael, with
strong force of police, who at once took posses
sion OF the establishments, forcing an entranc
10 room in which were found some fiftee
men, actively engaged in loading large lot {
Belgian muskets, which had been altered int
Minnie rifles. A man rushed at the Marsha
with bayonetted musl1et, and attempted t
shoot him. The Marshal threw up the weapo
and knocked the man down, and quickly, wit
the aid of his men, arrested them all, and con
Veyed them to the station house. Their arm
and munitions, consisting of muskets, kegs
powder, rifle balls and pistol balls were also re
moved to the police station. Unfortunately, i
putting putting i. the maskets M into a furniture wagon t
convey them thither, one of the pieces was dis
charged, shooting citizen in the face serious
~, though it is hoped not fatally injuring him
has given an opinion on registry law, declarin
i .a,+in to be the authority and duty of Judges
s E,ect,on a 10 scan the list of registered voter
and exclude from voting all whom they ar
convinced are disfranchised under the provi,
AFTER conference of some five or six hour
lasting till 10 o'clock to-nigbt hetween the p,