Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-05
Court In General Term.

X. Cawan Va
James q. " gilmore. The latter was state aren
OF ONO, and was called on to surrender the
books and papers TO the petitioner but refused
rule was issued by the Court, but the re.
spondent failed 10 answer, and an aIternatem
maRdamus was issued, and the case came mn
on motion 70 confirm the mandamus The
messenger was sent for NJ Bnaaep who
proceedings took place:
CHIEF Justice Cartter.-Mr. Bradley In the
matter OF the rule that was laid on Won. ana 20
which you have responded, the Court are no W
Teady to act IL you wish to enlighten the
court any further IN argument, or other W ise
Ihe Court will hear you a. this time
Mr.. Bradley.-If your Honors please, il the
court have any doubt regarding the question
OF law raised IN the return which has been re-
ferred to, 1 ask permission to be heard througn
MI X. j. Walker, who has been acting as
counsel Tor me in this matter. as well as per
maps, through some other gentlemen, who will
assist bin. OF course 1 desire 10 avoid the
discussion OF the questions involved myself in
view OF the position occupy, but as they are
questions OF interest and importance il il de-
sirabe that they should be presepr ed by those
m whose opinion the CourI have Confidence
Expected NJ. Walker TO be here this morning
ne Il not here, however, and IL il is the desire
OF the Court TO proceed to-day might posi-.
Oily, get some other gentleman to open the dis.
cnssl9n on these subjects. L have distinctly
stated In my return the propositions of law
sTtv as i couId.
The Chief Justics.-The Court have very
ne lsgal aspects OF the questions raised ana
especially with reference to the question as 10
me jurisdiction existing In the justice holding
me court sc the time.
Mr. Bradley.-I have not referred II tho
Court please, TO any authorities, but the sub
lect mas beer, fully Investigated; and if the
sCUFt wish II, can furnish such, both En- glisb
and American. on the subject. aithoueh Fng
iish authorizes cannot properly be said 10
oeaI upon the question. save as q question AZ
The Chief Justice.-The question reauv
grows out Of the peculiar position thai the ms
nee was IN at the time he pronounced the
Mr. Bradley-Yes, sir.
The Chief Justice.-If lie was not a courr
which this Court is rs well ad yised I'm the CON- ~
srruetioR OF as any othar-
Nj Bradley.-If 4 understand your Honor
Ilght, then IL Is upon the proposition which i
have raised, that court was continnsd o,srnn.
der special statute.
The Chief j ustice.-Yes. sir
Mr.. Bradley.-And for a special nurnoss
and that Immediately upon the discSarfe of
the jury the judge was fanctns oafcio. -
The Chief Jasuce.-Yes. sir
very glad to have an opportunity To present
some views 10 the Court-that is as to the true
construction Of that statute.
The Chief Justice-Eery we'll wa will than
postpone the Consideration OF the case mill
Governor Walker shall arrive.
MI. Bradley.-lf Mr.. Walker does not come
IN this morning, he will certainly be here to-
morrow morning.
The Chief Justice.-Mr. Bradley, we are
very anxious TO dispose of this matter
MI Bradley.-Your Honor is aware that
Mr.. W alker resides In the county. He came in
on saturday, and again on yesterday, express.
~ N regard 70 this matter. 1 VIII send to his
Office and ascertain If he is in the city; then IL
Ne - net here, will send into the country.
The Chief nstiee-Tne trouble is Mr. Brad
Iey, we nave nothing to engage the attention
OF the court TO-DAY. If we can fno any busi.
ness 70 employ the court a portion OF the day
we Will postpone the consideration of this
dressed the business of the term in every man
matter; - "
MI. Bradley.-An can say il thar r b,vs
sent for Governor Walker. II be does NOT
come IN very few minutes. 4 shall myself
(, biisny submit 10 the court the views I enter
tain
The Chief JustIce-we Will, under tbese
circumstances, postpone the consideration OF
tbs matter until two o'clock.
Mr. w. A. Cook moved the admission Of
Major s. r. Harrington, of Kansas TO tbs har
arc he was admitJsd.
At O'Clock the Court reassembIed and Mr.
bradley, VINO was accompanied by. many of
Ms personal friends and members OF the bar
appeared IN The Court room The following
took place
Mr. Bradley said: In accordance with the
suggestion made to-day, dispatched q special
messenger 70 the residence OF Gov Walker
and ascertained that he was very infirm in
day, with reasonable expectations thar he will
be able 70 be here tomorrow. His son, who
N Court, seems 10 think that he may pos
sIoly get here at that time; but from
the report brought me by my son, who himself
saw Governor Walker, thinkit very doubt.
tul whether he can bs here at 50 early day.
question Of iav, which nas been raised, fully
discussed. ana BY counsel in whom the Court
have confidence. l do not propoee to discuss
gentleman az the bar who has given such A.
tention 70 ne sui beet would enable him TO
properly Present the views entertain in re-
rorA A. arA
nay say 70 the Court-by Gov. Walker ana
cher gentlemen with whom have conferred.
i have no motion TO make, nor have now
after having exhausted the time which the
Court was kind enough to grant me any
further request 70 make.
Gov Ford Il ask the court 70 postpone the
further consideration Of TINS case until Mr..
Walker shall be able to appf II, he being the
only attorney ~ TINS bar who Is prep ared 70 en-
Ter upon discussion Of the questions involved.
4 think IL 10 due to him as IL Is 10 any member
OF his bar who 10 suddenly taken sick. that
the case shoula be postponed o day or two ~
lesst, Ia order 20 enable him TO be present,
and enter upon the discussion OF the merits OF
, the case In which he may have been retained
an attorney. appear. TO ask this much on
behalf Of Gov. WALKER, who Is absent Every
appliance has been used 70 get him here, as
the court Il doubtless aware.
The Chief Jusuce.-We have no doubt about
that
DIXON OF Gov. Walker 10 be such as 70 render
1timpossible for him TO appear here to- day,
and perhaps Tomorrow he was 81 adenly
taksu sick after ne had left the court on yes.
to-day This fact we are prepared TO show in
proper form II necessary.
Tae Chief Justiee.-We have no doubt that
ne y as counsel states, infirm IN health or he
vould be mere 4 would ask Mr. Bradley how
long pos,ponement eontemp lattng any con-
urgency with reference 70 Mr.. walker s
h~aIrh ne would desire!
Mr. BrSdley-If your Honor please can
HOt ask a pos tpOBement on my own account.
Ny Brother Ford deeming IL proper, under toe
Circumstances has very Kindly asked
II Of the COurt. Win regard to the time
when n is likely Governor Walker Will
Ne here 1 will state that I doubt, exceed
,nRIV whether ne could De here to-nor-
row Its more the Importance OF the ques-
ton than anything else that desire TO present
20 the Court L, of course, have no idea what
ycur nonorsi opinions are, but II here 10 any
doubt on the su olect--
Tee ChIef Jusiice--Oh, well, Of course we
are willing 70 hear what you have 70 say, what.
ever may have oeen the effect Of our examina-
lion.
rsasonable expectation that Mr. Walker nav
be mere the day after tomorrow. or course, 4
is ross.bie that ne might get here tomorrow
but tank not
The Court--Xn order 70 guard against any
reraoventure OF than kind, and % put an