Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-11-09
LOCAL NEWS.
THE COURTS.

Bradley was before the Court in General
IeIm, 70 answer the rule laid on him few
days since requiring him to show cause why
he should not be punished for Contempt.
Judge FISHER was not upon the bsnch. There
was quite a large number present al rhe open
ing OF the court, including many members OF
The bar
Mr Bradley stated that as he understood the
Court the other day, there was but single
point which they wished to have discussed,
and that was as to the legal aspect of the case
he holding that at the time the order was made
power to make the order. The Jury lad been
discharged, and then terminated the court, and
1t was sd lourned by the statute itself
felt inclined 10 leave any and all points open
TO discussion If the counsel desire it, and IL
does not wish 10 Iestrict fun and fair dis
cussion upon each and every point IL the
Court erred az all, they preferred 10 do so by
giving the widest latitude for discussion And
they would be glad TO hear Gov Walker
Mr.. BIa dley remarked NAT be did NOT 80 mn.
oeIsiand II, butthought the Court desired only
me point feierred to discussed Hence he had
lot brought in authorities on the other points
and Gov. Walker had rot prepared himself 10
discuss the other points
Judge Cartter-We did not wish TO be I'm.
derstood as foreclosipg discussion.
Judge Wyhe remarked that as a member of
the court, ne did not wish TO be understood as
DESTROYS OF restricting the discussion.
Gov walker addressed the Court, saving
that be b sd not been present when the case was
before the court previously, and therefore
came TO argue the legal construction OF the
statute IL Is sn act TO prevent any delay or
failure of Justice In the District of Columbia.
The question. then. is, how far, for what pc.
TOO OF ume me court Is continued by this
npon which the term can be continued is
Jery trial, and not one hour beyond-the trial
OF that issue then pending before the iury-and
the moment that is determined then the mower
OF the court at the new term must cease, for
the purpose OF the statute is completed. When
the Jury IS discharged Is the moment of time
hxsd. The court ceased 10 have any power
whatever as judicial tribunal at that time
now, contempt in conrt is a case IN court, Just
Is perjury would be, and is not a part of the
Trial of John II. Surratt, and the ature of the
case Is entirely distinct
1t is very natural that the ] udgs should not
nave taken any particular notice of this statute
81 the close eff such a long and tedious trial
Bnt with all due respect for the Judge for
whom have high regard. / think the
proper course would have been 70 ent ter a rule
20 show cause why Judgment should not be
passed upon him. Contempt Is an offence
against the law, against a court OF Justice
There is a period fixed by the law, that period
Il the discharge OF the Jury, then the sole pur.
pose for which the Court was continued is
ended, aud II is in fact an estoppel of the DOW
els OF The Court 1 should have oeen pleased
10 speak her as 10 the other points IN this
case, but not having been present in court only
hesrd from others that the only point indicated
for discussion was the construction OF the
statute L must say before i close TO your
honoIs 90 not appear In this case as counsel
Tor nv frIend Mr. b.. but entered il merely 10
coneilIate, but not having been altogeihe able
TO co so VIII only say that (Mr. b in his an
done
anything unbeeoming a gentleman or law
abiding citizen he withdraws it,
Mr.. Bradley read his answer to the rule as
To the Honorable. the justices Of The Stprsms
1oErt 81 the District Of COiEmbid:-Joseph H.
bradley, one OF the members OF the bar of SAID
court, MAKES this his return to the rule served
on him to show cause Why he should not be
punished for contempt of court, by reason OF
i;n omenrlve Gond1st and language to one of
sand Justice" the facts constituting which i'm.
puted offensive conduct and language are set
out IN said rule. This respondent takes this
occasion 10 express his satisfac ion a. the on
POrtuniiy thus afforded him TO present to this
court and the public his version and statement
OF the facts involved in this s'inyestIRatiop. =
and thus TO purge himself from any ipten tIonaI
dlsrespect, contumely, or contempt toward
tbs court. or any member thereof, in the trans
he, in the most di.tinet. explicit and
unequivocal terms, disclaims and disa-
S VOWS any ', intention, or that he did
Language directly or indirectly 10 impugn the
conduct Of Mr.. Justice Fisher in his ofhcial
vised, exhibit any offensive conduct, or use
any offensive language towards the said Jus.
tee In his said office, or in any matter touch.
Ing or relating TO any judicial act of said JUS
tice. To the contrary, though he says he hath
ever demeaned and meant. an q inten ded TO de-
mean himself towards the said Justice in bis
said office as Judge, with the respect and de-
corum which Is due 10 the judicial officer from
ali, but especially from every member of the
n
deavor TO show TO the satisfaction of this Court
that ne did so demean himself IN respect to the
instances set out In this rule. This resp >ndent
now proceeding 20 make his return 70 toe sew.
eral matters OF fact and allegation requiring
'.lnyesIsation,n and set out and contained in
the SAID rule and the recital thereto, proposes
10 dlylce the rule into several distinct
heads for the more ready comprehension of
the whole SUBJECT nvolyed in this supposed
contempt He must therefore assume that the
oroer OF Justice Fisher is taken by the court
TO be part OF the charge against the respondent
and not the finding and judgment Of a court
e1mpe.ent 10 pass said judgement In any
otner case, and treating and considering that
final judgement by a court having lurisdic-
Ton OF The subject matter, and person, this re.
tins court since the moment that judgement
was pronounced, and the present proct I'd ing
cannot be maintained
Taxing this view OF the case, this respou
dent understands that II is charged:
First "That on the second day of July last
tins respondent did Immediately afrer the court
had taken recess until the following morn.
Ing, as the presiding Justice was descending
nom the bench. accost him in a rude and in
offered him (Mr. Bradley q series of insults
rom me bench from the commencement of
Second THAT the udge diselaimed any in :
tentior whatever of passing any insult and
assured Mr.. Bradley that be entertained for
MN no other feelings but those Of respect. Mr..
chastisement"
lnnd- "Init immediately after the ludg.
ment OF the Justice wa promo unced, ordering
the name of this respondent 70 be stricken
from the roll Of attorneys practicing In this
court, his respondent asked-sHas this court
been adjourned y and being answered by the
Judge in the negative, he said Then before
N does adjourn desire TO say, in the presence
of this audience, that the statement Won have
n ade Is utterly false from beginning TO end -
Fourth. "That on the same day and imme-
diately after the adjournment OF said court
this respondent followed the said Justice In 20
one of the street cars, In this city, and then and
there banded him the letter or note set out in
said rule"
To each and every one OF these allegations
The respondent answers not guilty Of any con-
tempt.
And proceeding 70 answer them seyeraIly
and In detail. he saws: The Court mad been
engaged for nearly q month in the trial OF the
case OF the United States VS.. John II. Surratf,
which had been commenced in the March term
OF said Court and continued over under the
act OF Congress, and after the legal expiration
OF hat term and after the common cement OF
the June term Of the Court. The Trial had
been q most fatiguing and sxactipg one: the
Court room had been crowded TO repIetion,
and both the presiding Justice and the Counsel
engaged In the cause had been made siek In