Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1866-12-13

/ PSiSa w 1tlhib ~ alooj w piSftub Il COuliuu-
ance. Perhaps, in your Honors varied re-
searches into legal literature, you have given
some attention to that branch OF the science
| usually known as 'circumstantial evidence"
If so, takiDgn connection with the foregoing
FACTS the iollowing--it might be matter of
lnterest--at least olcurious inquiry, as to what
would be the legal inference. A continu-
ance being prevented, and Defendants still
anxious to prevent trial, and Plaintiff an
nouncing himself ready, and urging his right
to hearing, your Honor took up all 9TH
er cases on the calendar however unimpor-
tant--though Instituted long subsequent to
this, and disposed Of them; giving them pre-
cedence--in fact, announced you "iRtenCled
dispoSing Of all other business, reSeyUinq
this torhbe last" But as you approached
this cause, unfortunately, your health began
to fail, and the nearer yen approached ii on
the calendar, the sicker you became-and final
~, when the cause was reached, you had arriv-
ed at such a climax of invaIidity, that you
announced your intention of adjourning court
for the term, being unable to hear the cause.
Great interests were at stake on that cause.
The Plaintiff received your announcement
with great chagrin. He had almost exhaust
ed bis resources in preparing for trial, in pro-
curing the attendance of witnesses from u
distance and sustaining them. You we're
urged in his behalf to adjourn for few DAYS,
that repose from your arduous duties might
contribute to the restoration of your declin-
ing health. This you relused-By the Gods
your correspondent is of the opinion, there
are men, as was suggested to you then
who would have fallen upon the bench, rath-
er than to have adjourned the court under
such circumstances! 1t would have been
perishng upon the field ofhonor. You were
finally prevailed upon to adjourn from the
9th till the 10th specially to try this cause
You carefully closed all business by signing
the minutes You departed for Boise City.
Among your travelling companions was Mr.
WALBRIDGE, general managing aqem of The
defendant, who, ! am informed had been de-
tanned here from making journey to New
York, solely on account of the necessity of
his presence in the defense of that Cause
Within day or two he returned from Boise
City and immediately took his depalti,re for
New York. 1t has never transpired to your
correspondent what was the object Of Mr..
WIS. visit to Boise City. In order that you
may draw the correct "infereaces" he has
been as minute as his information will per-
nit. Some few days after, one of Plaintiffs
counsel reports to me, as having seen you,
and shat you expressed yourself as rapidly
recovering your lost health, and doubted not
you would be able to be on hands the 10th,
10 hold court. The day arrived, and in your
stead, came letter from you, am informed
directing he clerk to adjourn the court for
the term, "aS the business before lie court
neither required nor warranted longer con-
hnuance Of the tern,l" Now, you knew that
cause in itself involved more than the whole
calendar besides, which you had been six
weeks in disposing Of And the injury Plain
tiff has thereby sustained at your hands,
would exceed your salary for many years.
Some three days after the receipt Of that
letter, one of Plaintiffs counsel reports ito
me as having seen you, and that you express
ed yourself as having entirely recovered your
former excellent heath; information highly
gratifying to your friends here. You may
be aware that this state Of facts being to
some extent known to the public, there are
some who have drawn differences from them
not always creditable to yon Honor. 1t may
therefore, be important to you, as well as
interesting AMI satisfactory to the public, who
claim the right to scrutnize whatever may
relate to public officer, to render judicial
decision on the following points:
lst As matter OF legal infersn ce, based
upon the foregoing facts viewed by the rules
OF circunsstantiaie uideRce, Can it justly be
inferred that you feigned sickness to avoid
trying that cause?
I'd. Or, that you never intended to return and
hold court on the 18th, as per adjourn
ment? ..I ......
Sd. Or, that if you did intend at the time
you adjourned to return on the 18th,
whether the visit of MIR. Walbridge to
Boise City had any influence in changing
that intention, and il so, by what means
Mr.. w. effected that influence.
These queries authoratatively settled
would give no inconsiderabe satisfaction to the
minds Of many not sufficiently versed in law
to draw the legitimate inierences-and your
correspondent is persuaded would be as
equally within your Judicial sphere, as your
recent decision, directing the Sheriff by let
ter to sell, under decree of foreclosure in the
Shoenbar Lien cases, the property also for
taxes This last is cause in which your
Honor's kindness Of heart is rendered beau