The national Republican., 1866-11-06
The Baltimore Excitem ent.

BALTIMORE, Nov 5.-At nine o'clock this morn
ing Judge Bartol, Associate Judge Of the Court Of
Appeals, appeared In the courtroom Of tho Circuit
Court and took his seat on the bench, sitting In
banc, ready to receive the return upon the wrts Of
habeas eorp,ts. At few moments past nine Judge
Bartol inquired whether tho writs had been served
upon the warden Of the jail
Mr.. Latrobe. in behalf Of the new commission
ers. announced that the writs had been served at
seven o'clock this morning and added he had just
learned that tho warden Of the jail had been at the
court house this morning about nine O'Clock, with
out the prisoners that in reply to an inquiry made
of him, he had said his means of conveyance wero
exhausted, and that hc had como hither to get
supply.
Mr. Latrobe added, in a sarcastic strain, that he
thought there other hack stands much nearer
to the jail than the circuit courtroom. He would
not say whether this was or was not merely con .
tinuation Of the other side to consume time. He
did think, however it looked like 1t.
Judge Bartol reminded the counsel that the war.
den was not obliged to make a return instantly as
the law gave him three days in which to make his
| return.
Mr.. schley said he considered that the intent of
the law in that particular that three days
should bo the utmost limit, and that unless there
was some unavoidable impediment ho (the warden)
was bound to produce the prisoners without delay.
Judge Bartol said the writs were issued by him.
at o'clock on Saturday evening, but Il appeared
that for some reason they not served until this
morning
Mr. schley begged that the court would wait
reasonable time for the warden to make his return
| and produce the prisoners.
At 10 o'clock the court was still awaiting, and
| the prisoners had not been brought in.
| SECOND DISPATCH
| CoURr RooM, IL oclock.-After waiting some
time, and the prisoners not appearing, Mr.. Horwitz
on behalf Of Sheriff Thompson, said as we have now
waited one hour and half after the hour named
for the return Of the wris it apparent that the
warden was seeking preteIts to delay. He had
come to the Courthouse carly with prisoners for
the Criminal Court, which did not meet for an hour
or after his arrival, and had not brought the
prisoners far whom the writ of habeas corpus had
been issued. 1t was frivolous in him to say that he
had not sufficient room in his conveyance to bring
them, but, he added, they were not without
remedy, The law made it the duty of the warden
to make prompt return, or show some good and
sufficient reason for delay. He, therefore, on be-
tion that his Honor would command the Deputy
| Sheriff to forthwith bring the warden before the
court, together with the High Sheriff.
Mr.. Schlsy said he would in behalf of his clients,
have similar petition to offer.
Mr. Alexander, the counsel for the commission
ers, now appeared and expressed n desire to be
heard on the subject. He understood the warden
Of the jail was now in consultation with counsel,
and he had no doubt some return would shortly be
made.
Messrs Schley, Latrobs and Howitz desired to
know II Mr.. Alexander could not inform them def.
nitely what the return would be.
Mr.. Alexander said he was not the counsel for
tho warden, and could not say what the return
would be, but he hoped and expected by one
O'Clock such Q return would be made as would rem
der any further proceedings hero unnecessary.
| THIRD DISPATCH.
| BALTIMORE, Nov. 5.-About two O'Clock the
marshal of police, having learned that arms were
being distributed to certain parties at Bennett s
auction store, on Charles street. went there with q
strong force Of police, and found in upper room
parties engaged in loading pistols and other arms
Resistance was offered, and one man, citizan was
shot, but the police seized the establishment, to-
gether with the parties therein, and about one
hundred and fifty boxes of firearms and ammuni.
tion.
FOURTH DIsPATCHl
BALTIMORE, Nov. 5, 2:30 p m.-The proceed.
ings before Judge Bartol are still in progress
The counsel for the Commissioners and Sheriff
have now introduced petition that inasmuch as
there is reason to believe that the warden Of the
Jail is seeking to evade prompt return of the writ
by unnecessary delay, that therefore new writ be
issued, directed to the Sheriff or his deputy, to
bring before tho court the warden of the jail with
the prisoners.
Upon the admission Of this petition the counsel
are now arguing.
FIFTH DISPATCH
BALTIMORE, Nov. 5.-The Court has decided thai
the warden has three days to make his returns,
which will expire on Thursday morning at nine
O'Clock,
SIXTH DISPATCH.
BALTIMORE, Nov. 5.-Gsn. Grants visit to thil
city is understood to have been made for the pur
pose, Ia his capacity as private citizen solictou
of preserving the peace, to make to the peace com
missioners Of Baltimore, at the instance of Gov
Swami, the following propositions:
! !. That each set Of commissioners cause separat,
polls to be opened in the several election districts
and receive such votes as may bo decided to b,
legal by their judges Of election, and have votss