The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-09-13

| tive. at that time we cOulQ not OBTAIN
copy of the order. Yesterday it was
read before the court, and with the reply
of the court is herewith appended:
Lieutenant Ecmbrick's Order.
HEADQUARTERS MILITARY CoxA1zsIoNBE,l
| RICHMOND, VA, August 70, 1887
Thomas q. Dudley, Esq,
Sir,-You are hereby informed that on
complaint of Edward Phelan, made to the
Major General commanding the First Mill
tary District, State of Virginia, through
his counsel, Johnson s. Guigon, concern
ing a trial had before the Hastings Court
at its August term, in which his license
was revoked, that the findings Of said
court have been suspended for the follow
ing reasons:
l. That he did not have sufficient time
given him to have his witnesses present, IS
the court waited until "the last hour of
the last day Of the term" before calling
the case, when he had been led to believe
that the case would not be tried at that
term, and had told his Witnesses that they
could retire.
| 2. That the case was not called by the
prosecuting attorney, but by the court
cn a motion from one Of its members,
against the usual custom Of said court,
alter the counsel had retired and the busl-
ness of the court supposed to have been
ended, except the reading Of the orders,
which is generally done in the afternoon
of the last day. This suspension will con-
tinue until o rchearing Of this case by said
court, and the costs in the case to abide
the final decision of the court.
Respectfully, your obedient servant,
| PAUL II. HAMBRlCK,
Second Lieutenant Forty-ffth Infantry,
Military Commissioner.
Reply Of the Hastings Court.
Whereupon the Court having maturely
considered the said communication, 1t Is
ordered to be stated on the record that
the term Of the Court at which the judg-
ment therein mentioned having expired
on the l7th day Of August, 1867, and the
said judgment being final in its charac-
ter, this Court has no legal authority to
re-hear the judgment, and has no power
over it for any purpose, the only remedy
to the party complaining of it being by
appeal to the Superior Court but If the
Court had such power the defendant has,
by his counsel, declined, in the presence
of the Court, to ask re-hearing of the
case, and that the facts relating to the
trial OF the case are as follows:
"Thc rule against the defendant to show
cause why his license should not be re-
voked was made on the Gath of June. At
the July term it was continued for the de-
ttndarl TO the August term. At the
| August term Ton the last day OF the term)
when no business that was ready remained
undsposed of, the Court inquired of the
| Attorney if any other business remained
to be done. That officer mentioned this
case, but stated that it had been continued
at the July term on account OF the aO-
sence of the counsel for the defendant ;
and as he was again absent he hoped the
court would continue the case again.
Neither the party nor his counsel were IN
court at this time.
"The court consulted together on this
subject, and it being stated by member
of the court, Of his own knowledge, that
the defendants house was disorderly and
nuisance, the court heard the case on
the evidence of the Commonwealth, and
pronounced its judgment. And 1t IS Or
dered that copy of this order be com
municated by the clerk of the court 10
the military commissioner"
Unless Lieutenant Hambrick revoke
his order, the decision of the court Will
remain suspended, and Phelan VIII DC
allowed to keep an unlicensed ordinary.