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

an was taking with Mr. Pniil,ps wno 80
paying on the witness, when Judge Fisher
respondent, and sscended the stans tova,1
the bench-part Of the way oniv-raschsS
forward hls hand under the desk O the bsncn-
COX Wna' ms respondent believes was an
umoreha, and turned and was descending the
steps towards this respondent Befo,e he re-
luIneo 20 tee courtroom. the Judge had LETT
me mouse the prisoner had gone back TO
jail; the crowded audience, except a few who
suLi fingered, most OF them about the doors
hao dlspf rsed. Some of the witnesses who
were waiting to be paid off. still remained
fs,,a sre Jraee approached this respondent, tue
Iauer addressed bim these words, Judge
Hna' 90 yen mean by treating me as you have
done to-day % These are the Identical words
ne used, and the only words he did use at that
mme. vi THIS ne Is positive, distinct and clear
The Judge replied in great EXCITEMENT.
shaking his finger in respondents face and
WIZ Insult, as this respondent understood
him, for he Immediately said, "Y on insult me.
sir. 1 am too old. ana my position AT this har
and In this community is such that cannot
submit to such indignity." These words this
respondent remembers. He may have added,
mo man shall insult me with impuuity," bat
on this he has no distinct recolection; but he
olstn city states and vers q fact, to the best
of his recollection and belief that this was ali
during that interview about insult. Diner
words passed in which this respondent said
the Judge had treated him with indignity but
into rstesencs 10 nv esodo De tortured
Judge towards this respondent, except as to
what passed that day, until the Judge saving
he was sicx, this respondent replied, in sub
stance, that he could wait, and turned to
leave Upon this the judge said to this
respondent; "Siek as l am, am enough
10, you ,on here; e.. VII put my sIctnss.
the beat Of my recollection. 1 know that he
added .Step out with me. Step ont. # You
dare" This respondent replied, 81 cannot
yate room and settle this matter between orr.
selves" and stepped towards the Judge, when
ne was seized by Mr.. Phillips and several Of
nesrs and toTcioly restrained, and while he
was thus held, the Judge, extending his
clenched hand towards him. said, " You knew
where 10 find me-" or swhere am to he
found The precise phraseology is not res-
objected, but II was one or the otherl ~ am
responsible in every form for what saw or
do. You are scoundrel and coward This
respondent replied, 81 cannot handy epithets,
but can wait and turned and left him: pas sed
along in front OF the bench to the north side.
sat down by the Chief Justice, and so little
disturbance had the occurrence created, thai
aI'hough IL all passed within eight or ten feet
Of bim. il had not attracted his attention suf.
helsntly to insuce him to look around.
mus This respondent has replied to and
answered the FIST allegation, and If his yer.
sion and statement OF the facts are rue il " N
suHcientlv appear not only that he did moi
accost the Judge In a rude and insulting man.
ner. nor charge hlm as stated therein; but il is
clear that he did not offer the Judge any in
suit or lndignity, or offensive conduct or Ian
guage, IL reference to any official act of his
but whatever did pass between them of an of.
after the court had adjourned, and was con.
nned 10 personal acts and language as indi-
vIduals, having no reference to any off1cial
matter, but growing out OF what occurred at
He maintains that he had perfect right To
seek from the Judge an ex planation of his con
duct The Judge had perfect right TO refuse
It. and put his refusal on the ground of his
ofhcial character. Had he done SO no further
inquiry would have been right. Buff ins lead
OF DONG so he entered into an alteration with
Iespohoent, they stood to each other as indi-
Slduai eltlzens, not as Judge ard attorney, and
ne tner the Judge nor any court coulu pre-.
ceed against the party tor contempt. 1t was
NO contempt.
rs to the second allegation, the responder,
says: lie distinctly AYERS that he did not hear
Inc judge disclaim any Intention of passing
an insult nor did he hear him say thai he en-.
tertained Tor this respondent no other feelings
but those OF respect He has already stated
tae facts as he understood them at the lime.
sna as be has learned from the BY ISLANDERS
every material point
He AYERS, in the most direct and uneouiyoeal
terms. that he did not threaten, nor mean or
intend 70 threaten the Judge, n or did he say or
90 anything from which q threat OF personal
violence TO the Judge could naturally be in.
ferrrd He AYERS that he did not approach or
aedress the Judge with, or for a moment mar.
Tor such an intention. His object was an ex.
planation OF what be felt to be an indjpnitv
offered TO him in open court, and ne wishe
mat explanation to be made In the presence
and nearing OF some Of those who witness d
the supposed iadignlty. II he had heard auy
offer OF an explanation, 1t would have be an
ost gratifying to him, and would have fnlly
Now as TO the third division Of the allepa :
tons. This respondent says the portion OF the
report OF what passed at the time referred to Is
on, and as 1t in tact occurred there snould he
added 10 the report as follows:
Judge FIsher.-Crier, adjourn the court
.Ihe Crer-By order OF the court, II is now
'Mr. Bradley.-Now 1 will sayit
Judge Flsher.-You can say what you like
II you wish TO make speech TO the crowd,
.hr Bradley.-ln the first place, 1 say Won
nave no right 10 expel me. The Supreme
Court alone can do that
"Judge Fisher Qeaving the room)-yerv
well. take an appeal. That is ALL,
Tins respondent will no: willingly or know.
insly do Judge Fisher any injustice. The
Juoee, In the recital of the order now To he
considered, has shown that he understood the
facts very differently from the Statement OF
them Just made by the respondent But il ne
clear ne rs mistaken In supposing these Incl.
dents occurred Immediately after the Court
had taken the recess, as the presiding Justice
was descending from the bench; and at that
me the Judge was under the impression, and
SO stated, mat respondents son was engaged
with him In the said supposed assault, when
IN point ef fact he was not near him The
Judge, as the respondent Is informed. is him
self now satisfied IL was q mistake This re.
spondent has no design or desire to raise a
question OF veracity here with Judge Fisher,
but be gives bis recollection and understand.
ing OF the facts from dis point of view, and as
ne noted them down within half an hour after
they occurred. This Court knows too we'll
from facts ranspiring every day before IL,
thai the most learned and intelligent men will
diner IN the narration Of facts occurring under
their immediate observation, In which they
had no interest Much more il this the case
when that observation is clouded Dy excite.
menI, oy passion, or by interest. Yet this re
spondent would not so confidently have stated
his recollection OF the facts II ns had found
himself corroborated in every material point
~ persons who were accidently near him.
No one can consider the extremity of his
surprise when, on the 10th Of August more
than a month after the occurrence, At the close
OF the case, the presiding Justice proceeded to
render Dis version and recollection Of those
facts So set out in the order now to be con.
sidered-. Until then this respondent had all
along well believed that he was the Injured
party. He knew full well that he had sub
mittsd with great dididence to the mandates
and rulings OF the Court, and to what he felt
and had heard others say were indignities Of.
fered TO him on the I'd OF July in open court;
and that ne had not offered to the Judge any
insult or offensive language for or on accoun,
OF these matters, but he was amazed to find
himself so charged with such an offence. or
that the Judge had SO understood him
Having during that month fully considered
he. .ASfan ON. ho -