The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-03-27

The CASE OF JOSEPH H.vBRApLxY, xsq.-
aled in the United States supreme Court by
Joseph H Bradley, esq, praying for the issuance
Court to permit him TO, practice at the bar here.
,stes that he he THs fof many M enfs member
OF the Supreme Court Of the United States.
That without just cause and without lawful au.
thority In a proceeding in which the court had
supreme Court Of the District Of Columbia, by
p SSys9ssI isSs dsprlssd ihs ~ ps,islSast ue Si
in said court to which he had been duly and law.
fully admitted and qualified, and declared the
selor Of the said court, and he can have no re.
the Supreme Court by the writ Of mandamus, to
franchise and oee, q 1t shall appear that he has
been unlustly, illegally, and without lawful au.
,Rs oSSs, Ts Ts
of the District supreme Court, and says your
ready to show and prove, that the statement Of
facts IN the order made BY Justice Fisher, on
anS in sng rule SsS reugn n poin ee o f fSh
false and fabrication In every essential pnrtic.
ular, that the said Justice Fisher at the time he
the most essential fact stated therein, as TO the
| time when the alteration between himself and
SoSr petitioner t spok PLACE vas false and he
others, that after the court had adjourned, he
had left the courthouse on his way home, and
went back and got 1t, and as he was coming away
he met your petitioner, and then was accosted
BY him; he AYERS and is able fully to prove that
he did not In fact accost the said Justice Fisher
In rude and Insulting manner, that he did not
charge him with having offered to your petit.
tloner insults during the whole trial; that he
did not threaten the said justice with personal
chastisementj that the said Justice did not offer
any explanation or express any feeling Of re-
10 hItt IN tha Natt
all this, from the first moment when your petit
toner addressed hi he was In the greatest state
outs and even after he had gone out Of the court
room, and out Of sight and hearing Of your petit.
TONER, he shouted and pulled up his coat sleeves,
hall ring with his cries, declaring that he had
been attacked by your petitioner and his son,
them, and shouting out let them both come, he
been near him, and that Re, as we'll as your petit
tioner, was out OF sight and hearing.
The petitioner states he Is further advised, and
will most respectfully beg leave to Insist, that
to pfoceo si vor or
In the premises In the manner and form set out
In the said answer and return OF your petitioner.
That the said statement Of facts, Sc, as afore-
said, made by said Justice Fisher was false and
fabricated, to give color TO his claim OF jursdic.
tion In the premises, was most Injurious to your
petitioner; and 1t was not 4 contempt OF court
to deny the facts and challenge the Jurisdiction
AZ that time, and In the manner hcreinbcforc set
IS
trlct OF Columbia had no Jurisdiction to proceed
against your petitioner In the premises In the
iaanner and form hcreinbefore complained Of, for
the original matter out OF which the charge of
contempt arose, was rot committed In open court,
or so near thereto as to disturb the Rdministra-
tion OF Justice; and tho contempt for which they
proceed to punish your petitioner, consisted In
his resistance to an injurious attack made on
him by the presiding Judge extra ludiciHlly, and
pendencc and rights OF the bar. That the rule
laid on him to show cause why he should not be
tain, and was no notice OF proceeding TO for
foiture OF bis ssid franchise. That his answer
and return to the said rglo not having been
trayerscd or denied are to be taken as to the
facts therein stated, are a full aud complete cx.
purgation from any contempt and the court had
not power to pass Judgment OF expulsion against
Accompanying the petition Is the oath of Mr.
Bradley when he was admitted to the bar, the
order Of Judge Fisher Diminishing Mr.. Bradley,
and the words which passed between them when
that order was read, copy OF the letter handed
~ M the GG the
the order Of the Court directing that his name
answer OF Mr.. bradley to the rule served upon
him by the District Suprsme Court; all Of which
to the passage OF the judiciary act OF 1898 the
writ of mdnddmus, issued from the Court OF
courts, commanding them to do Justice according
to the powers OF office whenever the same was
delayed, and to enforce the due exercise Of their
judicial or ministerial powers, to restrain their
excesses and quicken their intelligence" He
then refers to a number OF authorities, and says!
hostility, without a sound judicial discretion or
juTisdiction and discsotlon, there is nothing in
VIZ WIZ, ease to support denial OF tho right to the
lie contends that there was no lawful founds.
tion for the denial by the court below of the pc.
tltioners right to practice IN that court, or to
exclude him from his office. First. BeGause It |
appears primr tdcie there never was any direct
proceeding by due course of law to strike his
name from the roll of attorneys OF that court, |
nor any specific allegation of moral or profess
sioual misconduct: MOI any notice given to him
to appea, and defend himself Ia a proceeding
instituted foT tho purpose of striking his name
franchise; or that he ever had an Opportunity
to defend himself for this purpose: Second, Tho
why he should NOT be punished for a contempt |
Of court; and Judgment unwarranted by law
in such proceeding was passed, Third, Because
tiee, disbarEcd him for q contempt alleged to |
have been SHOWN to judge Of that court hold |
haag i He sf in he p asr%
ises. Fourth. Admitting argumrnH graiia that |
the supreme Court had jurfsdiotion. yet there |
Of the matter rsOited as a contempt OF court, and
the court was guilty Of an excess and abuse of
H psys a%a & Bsse ,hs 'pSnt of
rule and the Judgment OF the court that the only |
matter found NJ u contempt was but denial by
the respondent Of most curious charge made
against him by the Judge, which the answer al
legged to be, and respondent offered to prove was
wholly false, malicious, and fabricated.
The act Of March 2, 1881, prohibits the several
,ourts Of the United States from proceeding In n
summary manner for alleged contempts, unless
The same Is committed In open court, or so near
thereto M to obstruet the administration of Jus.
lice. Well knowing thiz, the judge, from passion
DR. prejudice or personal hoatllity, and with In
tent to bring the petitioner within the puryiew
,f that act falsely alleged II to have occurred ms
he was descending from the bench, Immediately
On the adjournment OF the court. 1t was, there
fore, palpablc, williul and malicious abuse of
his power and authority to fabricate this accu.
sation.
PoLIcg IrgMs-John Proctor (colored) was
taken before Justice Morsell by Officer Harris,
,f the sanitary company. JIG was taxed " for
treating nuisance.
Onicer McDermott, of the Second precinct, ar
rested Nelson Braxton (colorel) for keeping
log without license. Justice Thompson required
aim to pay 6s cents costs,
The following cases were disposed OF In the
Fifth precinct;
Washington Rawlings was arraIgned before
Justice Hazard by Officer Barry, charged with
raudulently obtaining u boat from Thornton
Sadler He gave bail for his appearance at
,ourt
On complaint of Laura Lee, Officer Johnson
ook Lewis Snowden before Justice Harper for
assault and battery. He was committed for