The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-05
[Continued from NE First Pane. l


u This proposition appears to meet with but
little favor on the part of the Radicals, who
clearly have the upper hand at present. and are
not disposed to yield voluntarily any of their
ground to their opponents. At nine O'Clock this
morning Judge Bart0l sat in Chambers at the
Courthouse awaiting a return to the writ of
habeas corpus in behalf of the new Commits
sioners and Sheriff.
The Courtroom was packed with large
throng, while the streets in the neighb )rhood
were almost blocked up by the crowd of people.
There was no excitement, however, a general
feeling prevailing was that it would be best TO
await patiently the due course Of the law.
Messrs. Schley and Latrobe, counsel for the new
Commissioners, are in court, but the counsellors
for the old Board were not pre- sent A colloouv
ensued between tie Judge and the counsel as
to the requirement of the law.
No return had yet been made to the Court,
which the Judge stated was granted about
o'clock on Saturday, but for some reason had
not been served until this morning. The Court
further stated thai by a provision of the code
OF Maryland, three days time was given within
which to make return. Mr.. Schley said he was
aware OF this provision of the statute but that
over and above this was the common law, which
required an immediate return. He was willing.
however, to give reasonable time for a return.
The Court then quietly awaited the appear
ance of the prisoners. After a lapse of an hour
and half Mr. Horwitz, counsel for the sheriff,
stated his belief that there was no intention TO
comply with the writ. Mr.. Alexander, sen or
counsel for the old COmmiss oners, then ap-
peared and stated his belief that the Warden of
the Jail was in consultation with counsel and
that some time would be necessary to prepare
return. Uaughter.) ........
He believed a return would be made but
could not say when, or what it would be.
Mr. HOrwitz then stated that he would apply
for writ commanding the sheriff or, in this
case, one OF his deputies, as the officer himself
was in custody, to produce in court at once the
body OF his client and of his custodian. under
that provision of the code which gives this
power, when there is reason to believe, as there
is in this case, that the custodian intends TO
evade the writ.
The Judge asked Mr.. Alexander whom he
represented!
Mr. Alexander - | represent the Commits
sioners, who have deep interest in pre- serving
the peace of the city, and in the proper conduct
OF this case. He had reason to believe that a
return would be made about noon, and that
there would then be no necessity for any fur
tier proceedings in the c.se. He thought the
best interests OF all would be best subserved by
a postponement of all proceedings until IL or /
o'clock.
Mr.. Schley arose. and said that he would en-
dcayOr to speak calmly, although IT was with
feelings OF much warmth. No man il Baltimore
was more anxious than himself to preserve the
peace and prevent riot or outbreak of any
kind. He desired to have the matter settled
without any trouble, and even without any
argument, as 1t was subject on which the
minds OF men naturally became excited. Still,
he could not overlook the tact that three citizens
of the State had been deprived of their liberty
and that, after the lapse OF an hour and half
alter the appointed time, no return had been
made TO the process manding the produc-
ton Of their bodies in this court. He therefore
on which to base petitions in behalf of Messrs.
Young and Valiant, similar to the one made by
Mr. Horwitz in behalf Of the Sheriff
Olr. Rogers, Deputy States Attorney ap-
peared, aud stated that he had reason to believe
that the Warden was engaged with his
counsel in preparing his return. Ou
such occasions many suggestions natu-
rally arise, by which much time is con
sumed and ii was only reasonable to give the
necessary delay. Besides. it might be thai
there could be no possible contumacy on the
part OF the Warden, as there was no legal pre-.
sumption that these men were nov Ia MS Gus
tody
Al this point there was another long delay in
the proceedings counsel for the new Commits
sioners and Sheriff being occupied IN the prepa-
ration OF their afiidavits ami petitions.
This morning, at 10 o'clock, General Grant
had an interview with Governor Swami aud
other leading conse rvattyes, at the Governors
residence. The result was rather unsatisfactory
10 the conservatives as they are now swearing
furiously aeainst General Grant, whom they
charge with having gone over to the TadicnIs
The exact result OF the interview has not vet
been 1iyulged and this is the only indication
| of its nature which haVe