Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-12-12
Three Editors Arrested by Ghe
Order Of Judge Hunter.
The Case Continued till To-Day.
"A Lively Time.

NE@ @- $500
; men are here to make answer TO the de-
mand made upon them by the process
issued from this Court. They DO not
know what the charge is, as no affidavit
! has been filed against them, IsOT does any
charge appear upon the records in any
manner, shape, or form, in regard to
which they are called 70 make answer.
The defendants would like to have some
specifications Of the offence charged. If
IL is a proceeding of contempt, we would
Ike to demand some definite statement
In regard TO the matter II that be done,
then we are prepared TO make an answer,
not only as regards the facts but also the
law.
Judge Hunter-The clerk will read the
process.
Mr.. Capers then read the following:
STATE OF TENNESSEE.
To the &erf0 Shelby county, greeting:
You are hereby commanded to attach
the bodies of NJ. @. Gallaway, w. 81.
Rhea and M. W. Cluskey, and them safely
keep, 50 that you have the same before
the honorable Judge Of the Criminal
Court at ten o'clock, December llth, 1867,
then and there to answer for q contempt.
Herein fail not, and due return make
Of this writ, this 10Th day Of December,
1867.
JOHN DONOVAN, Clerk,
b :. CAPERS d. e.
Endorsed on the back:
IN. c. Galloway. w. II. RLea and NJ.
w. Cuskey, issued 10th Dec, 1857 s7s3
B 5. CAPERS, D. c.
Came TO hand on the 10th Of December,
1867, and executed By taking in my Gus
tody N. c. Galloway and W. II. Rhea,
and bringing them before the Court, as
directed. N. W. Cluskey too unwell to
leave his ROOM.
pm. WINTERS, Sheriff.
J.~F.LANFORp, Deputy.
Mr.. Yerger-There can be no answer
to q charge lie this.
Judge Hunter-Tbe Court is not aware
that il is necessary that in the process
the complaint, whether an act OF con
tempt or any other charge, must be
stated. Il has already been announced
in what the contempt consisted, namely,
in the article published in Tuesday
mornings AUIlGHche. Unless these gen
tlemen deny their being publishers of
that paper, of course upon the fact OF il,
they are prinG facie responsible for its
publication.
Mr.. Yerger-Is there an order upon the
records of this Court in regard to this
matter, a Issuance Of this process >
Judge Hunter-Of course the process
would not have been Issued without an
order.
Mr.. Yerger-We would be glad to have
the order read.
Judge Huuter-The Clerk will please
read the order.
Mr.. Capers then took a paper from his
pocket and read the order directing the
Sheriff to arrest Messrs. Galloway, Rhea
& Cluskey, ordering their appearance at
10 am. on Wednesday, before Judge
Hunter.
Mr.. Yerger-Is that all Of the entry?
Judge Hunter-Ees, sir.
Mr.. Yerger-Then we have nothing to
answer. Laughter.
Judge Hunter-The Court will proceed
to decide the case.
Mr.. Beecher-This proceeding is GER
tainly in the nature Of a criminal pro-
cess. The question arises as to whether
this case can arise under the provisions
of the law providing for the pains of con-
tempt, or whether it is a case in which
the Court should prefer IN order OF libel
instead Of an attachment for contempt.
Judge Hunter-I do not understand
that it is necessary for the Court to take
any part in a case of this kind.
Mr.. Beecher-In all criminal prOsecu-
tons the accused has the right TO be
heard, and TO demand the nature Of the
ease, and the accusation against him, to
have 8 copy thereof, and 20 meet his wit
nesses face to face.
Mr.. Yerger-I hope there may not be
any misunderstanding between tie MEM
bers Of the Bar and the Court in regard
to the remarks made by the attorneys. |
We desire that the defendants, brought
here under attaehment, shall have an
opportunity to answer fully whether they
ave been guilty OF thar contempt. II
is not assumed in that order that the de-
PENDANTS have been guilty of any con-
tempt in the presence Of this Court if
that were assumed it would make an an
swer necessary from them. We want to
answer fully in regard TO this matter ;
we desire that these gentlemen shall be
placed in a position where they shall be
heard so that they may be set right before
this community. The law certainly re-
quires that the mode and maune of the
contempt shall be sufficiently set forth.
Judge Hunter-What course does the
defense propose to pursue ?
MI. 0erger-I want TO know the
charge.
Judge Hunter-Is is already stated.
Mr.. Yerger-Is that a part Of the
records Of the Court?
Judge Huuter-H will be tomorrow
morning. The Court may require you to
aHswer to-day or if an application is
made for a continuance, the C0srt can
grant it.
Mr.. Yerger here asked the Sheriff to
get him % Humphreys.
Judge Hunter viii not hear any ar
gument on the question of law Involved,
in the present status of the case.
Mr.. Herger-I suppose the Court will
aflnW a nrvF1aF1n9g IN I,.L ---.- H. L..-
% Humphreys? daughter.
Judge Enthusiastically.
Mr.. Yerger-I understand that the
charge will be a part Of the records Of the
Court to morrow.
Judge Hunter-It will be included in
the minutes of to-day.
Mr. YeTger-Then tomorrow morning
we will take opportunity 10 make answer
to it as it appears upon the records Of the
Court.
Judge Hunter-Very well, sir, no OBJ
lection TO that.
Mr.. Yerger-Wm the Court set the
hour at eleven am.
Judge Huuter-Yes. sir.
Mr.. Yerger-Then the defendants are
ready to enter into bonds for their APP
p~earauee.
Judge Hunter-The Sheriff will attend
to that. l presume the gentlemen wnl
not aSsnond. daughter.
Mr.. Nergsr-I presume not.
THE LAST DODGE OF COLoRED VoTERs.
Our colOred friends are Masking a good
thing of the pending election, while the
candidates have hard time. Each day
and night every candidate is besieged bv
crowds OF newly made voters. Each de-
maBds 3 doHceefr in the shape of green
backs. Each shows his ivory when the
candidate shows his purse. There Is
hardly a shrewd Ethiopian who does not
assert a powerful influence in some
league or in some row o. shanties.
Strangest of all the same son of Ham
protests his adhesion to Loland when in
Pinch, ts Fitch when in the vicinity of
the gas Office, and 10 Beeeher when he
bOres holes with the hollow of his hoofs
in the thOroughfares Of South Memphis.
They pull the Loool over the eyes OF the
candidates and then fleece tkem. Last
Saturday night a large c~oueourse of our
colOred fellow-citizens paTaded the streets !
with 3 rude band Of music. They came /,
down On Mayor Bofland for drinks, and !
then invaded the retreat OF Col. Fitch. !
Whether Beecher was walked from the
shades of his tax-titled retreat, we are
not informed. 1--we are not mistaken.
the hope. Of office will cost some one
more than fourfold the salary attached
to the position. How will the successful |
candidate get even? Who will suffer?
HOTEL ARRIVALS.
WOrsham HOuse.
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