The national Republican., 1867-10-30
THE COURTS,


should be no, held for eoa,Ompt In not bringing for.
ward certain paper required In q cas- was made.
rHE BRADLEY. .FnHER CASE.
The Court then ordered the following oTier to be
II having been represented to ibi. Court on au
hority entitled to clnhdeues that a. the Jane term
1857, OF the Criminal Court, he by Mr.. jus lee
F,her, and on tho 10th day Of August last al order
ade by the said Fisher In the following term
ana said order ". then entered en- the records Of
"on the ID day Of July last, during the progsss.
Of the trial CT John II. surrstt for the murder Of
Abraham Lincoln, Immediately aft-r the Court had
taken . recess until the following morning, as the
gresidisg Justice was descending from the benea,
Joseph II Bradley, esq, aceosted bin In ruds and
in.ui ing manner, eh tging the Judge with hayipg
the bench from tbs eommsBesmsn Of the trial Ths
Judge di,elsimed any intention.
"hr BIadley go far from acc. piing this yxplana.
tion or disel liner, hersupon hire to d the jndse
with rsonsl ehasti.s meht, as he understood him.
No court adminttsr Justice or live II s Judge,
are to be threatened with psrsopsl violence on al
DO excited BY an imag nary insu T. The offence "
MT Bradley Ia one which even hs years will not
at cannot be overlooked nor 20 uppunishsd as I.
contempt Of court II Ia therefIe ordered that his
name te stricken from the rolls Of attorneys prae.
tieing In this eourt.'
Ard IL havins b.,n crsdibly represented to the
court that immsdists'y after th- said order
nouue,d the following lsngusgs wa, suployed by
the said Joseph H. Bradley 10 the hearing of and ad
dressed to the said justice during the stiBs Of said
court;
"Mr Bradley. Has the eOur. adjourned yet,
Judge Fisher. no, sir.
M. Bradley. Then blfore It does adjourn | do.
dot ray, In the pre'enee Of this audisnee, that
what You have sad Is utterly false from beginning
10 end"
And that on the same day, and Immediately after
the adjournment Of the said court, the said JOS H.
Brad ~ followed the said justice into one OF ths
street In this city, aud then and there handed to
him a no In the following terms, written by and
signed in the proper hand OF the said Bradley:
wAsHISorOs, August q, 1867.
siR: In the alteration which occurred between u.s.
when you TetGrued to ths courtroom after the sd
You ere then sick, aud wore pleased 10 sJd, ~ ou
know where to hud me, and hold myself reiponsi.
bls In very form for Whatever | say or do" or
words to that effect, after which you applied to me
the oct opprobious srithsts There Is but one in
terpIetation Of such an intimation received among
gentlemen.
told you could wait, aud am gratihed to had
you have recovered, and that the trial Of the then
pe6t beng now closed, we are both liberty
That no time may be unnesessartly lost, beg you
will let me know, as soon as you eonVenisbty can,
When u will suit yoa to meet out Of this District.
that may arrange to our mutual satisfaction the
points Of difference between us, without the rick and
odium which might accompany any eoutrOversy
here or 10 public
with the same view, take the liberty to hand you
this note In person.
And am, sir, you most obsdIsnt servant,
JosKPH h. BRADLEY.
And said language and eondgct, requiring, In our
opinion, in,e,.sstGn BY the eosIt 1. i' therefore,
or bsfors the 4th day Of November next why he
should not be punished for contempt Of this court By
reason Of said offensive conduct and language to.
wards one Of Its members, and relating to tho on
eial acts Of the said justice.
And It is further ordered that until the naa dispo
siton Of this order the said Joseph h. Bradley thA
con inue suspended from practice in this court.
The calendar was then resumed.
1874 Simpson Eaton Va. Ssow. This case, the
Argument Of which took place last week, and was
epitomised In court reports, again taken up
aud new trial ordered, Justice wylis saying;
have apo,her trial, not because Of y act done by
them but because Of stipulation which chAnsssths
aP.et Of the case By an Agresnent entered into by
counsel here II has appeared by statement Of one
Of the counsel that he was misled. The Court do
not snter into the merits Of the case, but prefer
that It's aspect should not be changed by an iusd.
vertsnee. They do not undertake TO ssy there was
error In the decision Of the court Strictly the plain
f may not be entitled to new trial but the Court
is not willing that an inadyertenee Of counsel should
work In ustios, and new trial s therefore ordered.
coSFiscATIoS CASE.
No. II, District COurt) United States va Lot 10,
In his case The Chief Justc CO said that the Court
had decided to go with the case, as It involved
the question Of the eonst utonAlity OF the eonnsea
Mr.. MsrrieL, for Nj Boyle, expressed hi, willing.
ness to allow this Court to eonnrm the judgment be-
low intending to carry the case up on appeal from
this judgmsni to the supreme Court Of the United
States.
Mr. Wilson, however, did not desire this course to
be pursued, and moved to quash the writ Of error.
Mr. W, read the writ Of error which brought up this
case from the District Court, which was attested by
Chief Justice Chase, aud allowed by Justice wylie.
He held that the statute gave the rsh, 70 attest %
otherwise attssted was faulty.
Mr.. herriek said the writ was not prepared with.
out consideration. He held that the District Court
was tribunal separate from the supreme Court Of
the strict and the Supreme Court Of the District Of
Columbia occupied the same relation to the sup'eme
n - T.lt.l laaa HtKnaN aNt Naa att
Now, in moving q case from the district to eircuit
sourts The writ Of error Ia Aested BY the Chief Jus
ues Of the supreme Court Of the United statss. A.
he considered that the same relations existed here,
he ihou ght the same Attestaton proper.
Chief Justice Cartier raid that the crigipators OF
the prefent syttsn Of cours ad attempted 10 follow
tho New 70 K model and had failed, for the reason
that In engrafting such tysem upon the old judi
eiAl system Of the District many anamoiies and 10
eougrutiss necessarily occurred Jostiee olin held
the Two systems TO Identical, and that the special
term equity, circuit and criminal courts, were each
the Supreme Court ofths District dchargins special
Judge Wiley doubted II a writ Of error wero a
proper process. He had never heard Of writ from
court to itself.
tested, AMI granted Mr.. wilson's motion.
Mr.. MerrIek entered an aPpeal from the juds-
mont.
3'elock) adJouroei.
ORPHANS CopRr-Judgs PureeH.-Ths Or.
phans' Court yesterday acted upon the following
cases:
WILLS AND TEsTAMESTs.
The will Of Frances klyans, made l7th September,
1867, iu the presence OF George II, Smith, George
Hsreus, and Charles d. Parsons, was hlsd for pro
bate
The tsstatrix leaves $50 to each OF her nisess,
Rachael V. Reed aud Mary Ann King, Of waynesborO
Virginia, go TO @. W. Gilespey, OF Balumnre, aud
t21 to Ellen A. Thompson, wife Of George c. ThJmp-
SOB She directs h, executor to sell her real estate
in this city, ,ssvs al builjing lotsD aad divide the
proceeds equally im"rg ner tlsteTS, Mary LAtken',
GFt os LEIsAy Catharne Reeder, AEt her niece, Mir
John z, Elyans. she names John K. Elyans as her
executor.
REFORMATION
A gentleman asked whether, In case special
objects were bequvathed, tho executor would
have right to di tribute those objects to the lesA'
tees to whom they were left before the Apprasement
Of the estate OF his testAtor.
The Court said he could rot. They must be hrst
appraised aud become part Of the ae'
count. After the appratsenent, the distribution
mi. ht be made II the executor chose to do so, but
the court would not make order OF distribution
until after expiration Of year from the desh OF the
dsesdent.
An old gentleman evidently At his period Of iu-
terror Aton) asked the Judge II real estate left to
him by his nephew could bs sod to pay his
uephew = debts.
The Court said II the personal estate was not sun
eiopt for that purpose, II could, maa must be
Just before TO Is generous
The old gentleman seemed tj doubt the decision,
and piled his honor with divers ether quest OPS,
which the Court was too much engaged to srswsr.
OF Mary sOuIsSa, exseutrix Of John FcaIssS, were