Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-10-24
"a DEAD LOCK-,
"The Court DON'T Know Her
seIG.7
The Arkansas Supreme Court In
the eame Fix as Brown
lows.

LITTLE ROCK, October q, leOe.
Eiitors Memphis Appeal:
The Gazette of to-day contains an ar
ticle that l eFclose for publication In
your columns, because of the strong re.
semblonce Ii bears to an account / read
In tbe columns Of the APPEAL some
weeks since, Of the peculiar condition OF
the Tennessee Supreme Court, which, as
you will see from the following, "knew
herself" about as well rs ours, which has
just been adjourned by unanimous vote
Of the bar as well as bench. This il
only n phase CT the reconstruction
policy in Arkansas reconstruction
whose point was broken by the Smith
Radicals Of your city, when they
sunk the Clayton-McDona muskets
in the Mississippi river. But to the
Supreme Court. Here is a true report OF
the last mesting and its effects upon the
bar Of Jul State.
Monday morning, at ten o'clock, was
fixed for holding the Supreme Court OF
the State of Arkansas, authorized BY the
Constitution to consist of tone Chief JUS
tice and four Associate Justices" This
court, as at present constituted, consists
OF Major Wiltshire, Chief Justice Gen.
eral Bowen, Colonel Gregg, Freedmen's
Bureau Agent Mcclure and Judge Har-
rison, Associate Justices. Major, Chief
Justice Wiltshire, is taking a summer
our in the ssluOriOus climate Of the
North. Captain, Associate Justice Nc
Ciure, has gone within the last few days
to look after his planting interests in Ar
kansas county. The remaining members
Of the Court, General Bowen, Colonel
Gregg and Judge Harrison, being up
stairs in the library over the Court room,
when the hour for holding the Court ar
rived and the bar began to fill the Court
room, themselves came not down. Time
sped on spsce. Judge Caldwell, of the
=. Is. Court, who had dropped In to be
enlightened with regard to the practice
as well as the principles of Arkansas
State laws, greeted for q while the mem.
bers Of the bar present, and sought to
beguile the time with auecdote and bon
mot. Judge Watkins leaned against the
desks and pulled mustache and chin
tuft thoughtfully. Judge Euglish
smiled st the occasional " good thingsn
which fell upon his ear, and rocked
himself in his chair omplacently.
Mr.. Garland traced delicate characters
on the back OF papers (reminding one OF
FOWLER immersed In business, except
when he smiled g greeting to some in
coming members of the bar. John NJ.
HSrrell drew earicatures on pieces OF
pdpCI bclOAS HILL JuukS DATL15IG SHI
in q corner" looking In appearance, if
not initiating the action of little Jack
Horner." He has exhausted most of the
plums from his "pie." The delay of
" the court" to come down began to create
q feeling of suspense when Gen. Bowen
came half way down, and went back.
Col. Gregg then came all the way down
and invited several members of the bar,
most Of those who were present to 90 up
stairs. The court had come to a dead
lock couldn't solve the question which I,
presented Itself, in the absence of Msj.
Wiltshire ia the North and Capt. Nc
Clure in Arkansas county, whether three
members could sit, and constitute a legal
court, without the presence of the other
In other words, whether a quorum
Of the coErt, or the whole court, would
be required to be present to render
decisions?
Ga this point the bar was invited 10
to RhJrd assistance. The former
authorized two members of
the old court, which consisted Of three
mem bers, to constitute a quorum COM =
petent to perform all the functions OF the
IL was decided, in the consults~
ton had, that the new constitution gave
no authority for 8 less number than the
composing the whole Court to
BIT. So the members Of the Court and
ssr dispersed sans ceremonie, but
In the meantime, q msn is
sentenced to be hung. Rice and Benia- !
min, their counsel, nave appealed, and I
want q stay Of execution but there Is T
10 court to grant it. Attorney General :
Maj. Montgomery, was also non est.
rhe gravest interests in all parts of the !
State, already long suspended in this =
Court, must await the return Of Msi. r
Wiltshire, from Minnesota, and Capt.
Mcclure, from Arkansas county. =
There was no court held by the Chan =
,ellOr, Judge Yonley, although an i'm A
term was to be holden OF that
curt yesterday. That able jurist is alb
ent eniightening the people on their
situation, making speeches and :
isnvAssing in the southwestern part Of c
he State, for Grant and Coldfacts. Ev-
there ~''grantu that the forego-
Dg are "cold faets' indeed. More anon.
BENCH, A AND PEOPLE.