The national Republican., 1867-11-07
Natioaal Gepablitan.
DEFERRED NATTER.
THE COURTS.

ornd Oiia sitting In banc.
ATTORNEY ADMITTED.
GR Harrington, ESQ. Of the Kansas bar, was Al
nlt!si to practice at this bar on the mon'n oil "r
Cook.
Ia tbe esse 4 The State OF Ohio vs. Netmore,
Justice wyiis Announced the Spini0R Of the Court
TsiHsins the RtnSia0i ,SS s,1is o Mr. wstmOrs '' H
rHR BRADLEY -FIsHBR cAsE - .
Mr. Bradley was seated At the bar. and ne Chief
Justice called his attention to the rule laid upon
N, syadicy. Ia tho mattlr Of the rule that was
d On you SHS % S S
the Court aby further In srgumentor otherwte, the
Court will boar You at this time.
have AnT doubt regarding the question l have
raised In the return which has been referred 70,
beg leave to be hoard through Mr. R. J. Walker, who
haTs through somo other gentleman who will assist
him. OF course, desire TO avoid the discussion Of
the question involved myself in view Of the position
Importance, 10 desirable that they should be pre-
sented by tho,e in whose opinion the Court have
confidence.
expected Mr.. Walker hero this morning. He is
not hero, however. II II Is the desire Of the court
to proceed to-day, might possibly get some other
gentleman 70 open discussion on the subject.
have distinctly stated In my return the proposition
Of law with as much precision and with a, much
The Chief Justice. Ths Court have very earsfuliy
road the response with reference 10 ths legal aspects
Of the question raised, and especially with reference
TO the Jurisdiction residing in The Justices holding
After some further informal discussion the Court
said It would postpone uatil O'Clock tho further
confederation of the case
CALENDAR cAsEs.
The court then took up the calendar and proceeded
lOIs Pierce VS. Hall This was a bill to quiet title
to certaia real estate, and came up upon an sppeal
hom tha Judgment Of tho court below refusing a. de-
cree, the ground that the petitioners showed no
cause demanding the interpJsiton OF Court Of
Equity, as heretofore reported in Ihls paper.
After argume ut by Mr.. Cook, CHIEF Justcs Cartier
rsId; The title was perfect before the bill was
brought, and the court cannot grant the petition.
Juitiee wy!ie said be would add few remarks
II there was a eloud at all, It was cloud upon the
title Of sands and Benedict, the parties who held the
and before II came to its present posse.sors How
can We make a decree when the proper parties died
long ago, and their heirs not In eOurtl ltwould
be absurd to do so, aud should be ASHAMED Of the
record. stated whoa I made the decision In the
court below, that in order to demand q decree In
such case there must be a cloud upon the title. But
It must be real cloud, not mere wind There Is
nothing in this case to require decree.
The court unsnimously sustained the Judgment OF
Farmers ard Mechanics Bank va John Mason,
il. IN re Hugh Capsrton. The facts Of this sppli-
cation were noticed In these reports last month In
a judicial under decree In the case above named,
purchase Of real estate was made BY B. Baker. who
deputy % E''GaS msrsS % f'sa executed deed his own ONCE
and that OF his principal having previously expired;
and by surdry conyeyanees the title came 10
cases the new mandate shall make, by order OF
court a proper deed Auditor Cox reports thst his
Is such case for the law is remedial, and must bc
literally construed, and therefore aremsdy inteIdsd
for the benefit Of patty will be eonstrust for the
benefit Of his heirs. The application is prcpsr and
uudsr his report tSe eosrt order ths, The %,T.hs
make adeed, as requested.
The court then took recess until o clock.
TEE DRApLET.FIsHER CASE RESUMED.
kt2 O'Clock the court resumed Its session.
Mr.. Bradley had been In court for some minutes
previous, and there wa. lS-se attendance OF mem
hara cft ha hara nd III thar As A he
court was called to order,
Mr.. Bradley rose at the bar anI said. II your
donors please, did as was suggested day, and
dispatched a special messenger for Gov. walker,
who Ascertained that he was very in1rm aid not
able to be present in court to-day. have no rea-
sonable expectation that he will be here to-
His son seems 70 think he may possibly get here
tomorrow, but from the report made BY my son,
doubtful whether he can BE- here At 10 early dsy.
SHALL of course, be very glad to have the questions
Of law, which have been raised, discussed by counsel
to discuss those questions myself, nor do know VI
any gentleman at the bar who has given such attsn
ton to the subject as would enable him to properly
present the views sntsrtAin In regard to II, and
In which au snpPOrted-l may say to the esurt-
by Governor Walker aud other gentlemen with
whom have conferred. | have no motion 10 make
nor have l now, after having exhausted the time
which the court was kind enough to grant me, any
further request TO make.
Ex-dovernOri Ford, Of Ohio. I ask the court tc
postpone the further consideration Of this case til
Governor Walker shall be able 10 appear; he be.
II
to enter upoa discussion Of the questions Involved
! think 1t Ia due to him as It is to any member OF
this bar who Is taken suddenly sick, that the
should be postponed day or two, At least to enable
him to be present and enter upon the discussion o
the merits Of the case in which he may have beer
behalf Of Governor Walker who is absent. Every
appliance has been used TO get HIM here, as tn,
court Is doubtless aware
Ex-Governor Pord. We have Rseertained the eou
ditOn Of Governor walker to be such as to render
tomorrow. He was suddenly taken sick after b
left the court yesterday This fact are prepare,
to show In proper form, u necessary.
counsel states innrm In health, or he would be here
would ask how long postponenent, contemplating
any contingency with reference to Gov. WALKER
Mr. bradley. Hyous honor please, eauno, AL
postponsment on my own account. Ny brothei
Ford, deeming It proper, under the circumstances
has very kindly asked 1t OF the court. With regart
to the time whom 1t Is likely Governor Walker will
be here. l will ,tatS tha; l doabt eIeesdingl!
tho importance Of tho question than anything els
that desire to present to the court /, Of eours.
do not know what yoE. honor's opinions are, and
thero Ia any doubt on the subject
Chief Justice. Oh, we'll, we are Of course will
Ing to hear what yen have to say, whstsyer ma
you made to the rule
Mr.. Bradley. Prom what can learn have rea
sOnAble expectation that Mr. Walker may be her
day after to. morrow. or course Il ls possible tbs
lie might get here tomorrow, bat think not.
Chief Justice. In order 10 guard against any per
adventure ofthat kind, and to put any question 20
may wish to present In Its best opportunities, W
win postpone the case until next Saturday.
APPEAL.
Mr. COombs gave notice Of an appeal to the So
preme Court Of the United States In the case Of Ma
ys. scOG6ld, decided In this court last week, AM
satd appeal was allowed, bond 10 o. 900 being fled
The court then adI dIOurnaI.
CIRcUIT oURT-ChicI Justice CaTiter.-Thi
court opened ib November torn this morning.
The PANEL Of Jurors was called, as foliows: {
Lewis, county 7. strlnbarger, Sixth ward; p Nc
Sulty, Fourth ward William Hickey, county; Jal
Young, Second ward; Richard Cruit IT,, 6sorgS
town T. hoxley, 0eorgetowni James T. Tucker
Sixth ward George y. MeEldersy Georgetown: w
Chase, Firt ward 4. ~ Chapin, Fourth ward; DayI
Jackson, Georgetown; Jacob q. sm OF, GsoTRetowl
James Pillng, county James @ Barrett, GeorgotowI
W. O. Lacy, coulty; William Lnikins, Flrst war
Zadok Williams, county Ambrose Bradley, Bsyent
ward George HutchiIon, Sixth ward John Dougla
county; Thomas PROXY, Georgetown; william We
Lell, county; Charles II. Anderson, Fourth ward
Browning, Sixth ward Nelson ISdell.
Ths roll Of Jurors was called after which the JuI
was discharged until 10 O'Clock next Monday mo.I
Ing.
The following order was made:
No. 1851, L. T. hcCautyV VS.. n. X. Maryman. JudI
men given for the possession Of the premises twentJ
Two feet from the corner Of Maryland avenue an
Second street east.
The court then adjourned until Monday morniu
next, llth Instant.
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