The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-12-24

INTERESTING TO ATTORNEYS LAWYER
COMMITTED BY THE MAYoR-WHAT. ARE
THE RIGHTS OF COUNSEL ?--Mr. A. Noise,
Jr., well-known attorney of this city,
was several days ago employed to defend q
young man named Reiss, charged with
forgery. On the second hearing OF the
accused before the Mayor, the forged notes
| being missing, Mr.. Mitchell, the supposed
| holder, was required to tell what he had
done with them. He replied that the money
having been refunded to him, he had given
the notes to Mr.. Noise. They we're then
demanded of Mr. Noise, but that gentle
man, after reflection, decided not to give
them up.
Yesterday he was summoned to appear as
witness in the case. The Mayor inquired
whether he was now prepared to give up
the papers. ',@
Mr.. Noise replied that he was placed in
very disagreeable position by his Honor.
He must either refuse to give up the papers
or betray the confidence of his client. He
was simply the custodian of whatever his
client had placed in his hands, and what
ever papers he had received were therefore
constructively still in his clients possess
sion.
The Mayor here remarked that he did
not wish Mr.. Noise to betray his clients
confidence, for he did not think that the
surrender of the papers would be such be-
trayal.
Mr.. Noise I" understand you; but if l
did receive any notes Il will not say did),
| did SO as counsel for the accused"
Mr.. Turner (Mr. Noises associate coun-
sell said he thought Mr.. Noises position
was right, and he. did not think he should
be compelled to produce any evidence that
might tend to criminate his client. The
papers IN question were received by Mr..
Noise only as counsel, and he hoped the
Mayor would not insist on his producing
them.
The Mayor said he preferred this cues
ton being settled by some one else, and he
tempt Of co,Is4 hold Mr.. Noise for con-
tions propounded to 'nrnit ny vHo -vv,... ~.
Noise could obtain writ of hdbeGS corpus,
and he would continue the case until the
I'd Of January, by which time the question
will have been decided.
Mr.. McMahon said that Colonel Coppens,
the gentleman whose name had been forged,
had expressed himself to him as not wish
ing to prosecute Reiss, and he hoped the
case would be dismissed.
The Mayor: 81 have no authority to
dismiss the case"
Ress was then, on motion Of his counsel,
bailed in the sum of $500 for his appear
ance the I'd of January, 1869.
The Mayor said that be did not desire to
incarcerate Mr.. Noise or to subject him to
any more inconvenience than necessary.
Ill / ha 1oro
subject to the order Of the court, until the
question is decided.
Mr.. Noise intends to bring the matter
before Judge Burnham by q petition for q
writ of habeas corpus. His position seems
to be sustained by majority of the mem
bers of the Richmond bar.
BURNING OF MOUNT ERIN.-The fine
residence on the Williamsburg road half
mile below Rocketts known as Mount Erin,
and formerly the seat of the Fulton family,
was destroyed by fire yesterday afternoon
about 2 o'clock. The propertyis is at present
owned by MIR. John A. Worsham, of New
York, and was occupied by Mr.. Joseph j.
Price. The engines were on the spot, but
being unable to procure water, Of course
could do nothing to stay the progress Of the
flames, and the woodwork of the building
was entirely consumed. The fire originated
in the roof, and it is supposed was COM
municated by spark from the chimney.
Some of Mr.. Prices furniture, as well as
the marble mantels of the building, were
rescued from the devouring elements, but
| in damaged condition. The building was
insured in the Richmond Banking and In
surance Company for $4,000. We were
unable to learn whether the furniture Of
MIR. Price was insured or not.