The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-10-29
LOCAL DEPARTM ENl

LOCAL DEPARTM ENl.
THE Co1srIRAoY CAsE-wM. II. Hussrts
ARRAieNs ELEvgN PERSONS ron LiDEL.-
Greei ETehement,Ihe Magisiratcs once Too
ycri on Both Sides Occupy Most Of the Space and
al The Time-Fbe and Cross Fire-Red PcppcrI
and a Black Eyc-A Solitary Woman, and WHO Il
our last issue, the ease OF William II. Hucstis,
warden OF the jail, was set for trial before
Justice Walter. Mr.. II. brought suit against
the following persons for libel and conspiracy:
Il. II. Gross, Dr. Duhammel, Henderson Fow.
Ter, Joshua W. Hoyes, Isaac Newton, John
CASTOR, Thomas johnson, S. S, Walls, Joseph
S Sishoison' James Williams, and Mary L.
MIR. Huestis charges the above parties with
libel and conspiracy to effect his removal as
os About ESQ SSGoSs knots Of persons
Justice Walters Office, discussing the merits
of the case, and by . O'Clock the crowd around
the door Of the Justice had SO augmented Tn It
1t was impossible to gain admittance. A fow
moments later the counsel fcr the prosecution
ing numerical force equal TO the apportion-
ment q one 0t the largest cities In the Union,
t6e ih Se %i,,hSs5e not wishing the destrac
posed that the "court'' adjourn to come open TsS
Tcrnoon paper remarked that ItRs, meant at the he
criminal court room, as 1t WAS the most open
space he knew Of as 1t was no uncommon cir.
during court sessions in the winter.n
The suggestion was embraced, and In few
moments the courtroom was illled by n hot-
pyiSg most of the space, and, as our report sport
following will demonstrate, all the time.
Justice Charles Walter mounted the ros-
trum, and taking scat in the chair OF the
supreme Judge OF the court, raped "orier out
The counsel for the prosecution were
W. d. Dayidge, and for the defence Messrs,
Joseph II. Bradley, jr., W. A, Cook, ]. L.
Norris RI, R; p, I MG1syE T. l.. Stanton W, Les.
The ball opened by counsel for the prosecu.
ton asking postponement OF the trial, when
others, representing the defence, urged that
the case be proceeded with, one of them re-
marking that a gentleman representing the
complainant, had invited the hearing at the
present time, The following colloquy then
occurred.
Mr.. johnson. was sick yesterday, and had
no opportunity to consult with my client.
Ny colleague has not had such n con sultation
We are both profoundly ignorant OF the merits
of the case.
Mr.. .Mui1y, for defence, suggested that q
week from to-day would suit him better.
Mr.. Ncrris for defence, objected, and stated
that t.e met Mr.. johnson yesterday on the
street, and IL his eyes did not deceive him the
Gentleman was about as lively as he (Norris)
ever saw him,
Mr.. Johnson explained that he did meet MIR.
Norris yesterday, but was suffering from neu'
thikia Nuu WAS On MS way nome. HC was not
feeling so lively as was intimated.
Mr; Bradley, for defence, argued that the
gentlemen for the prosecution, Il they wanted
continuance, must make an afndayit setting
forth what he expected to prove by his absent
witnesses that such affidavit was required by
Mr.. Johnson said he would make the am.
davit.
Mr.. Bradley. Well, give US the affidavit.
Mr.. Johnson. We viii make the affidavit;
Mr., Muzzy, for defence. Now, give us the
affdayit; we want to see 1t.
Mr. Leski, for. defence. Yes, all we want Ia
the atiidaviti give us an atndavit; we desire to
see 1t.
Mr.. Williams flor prosecution) stated they
had not had notice OF this hearing We, who
the first time, that defendants are arrested,
and 10 case Of such magnitude, without refer;
encc to the courtesy to distinguished counsel
now absent, nor to counsel present, OF press
ing q hearing now, think the Interests or jus.
ttce demands that we should have postpone
mcnt. The United States have not had time
MIR. Brown tor defence) said he represented
eleven citizens OF this city, and they were gem
tlemen who had been arraigned by this prose-
cution-gcntlcmen who occupied high posi-.
tions in society, and he, for his clients, de-
manded an immediate Investigation.
Ian AFFIDAVIT was then prepared, and sworn
to by Mr.. Hucstis, setting forth that he was
not prepared to proceed to trial against Mary
T. Payne, because of the absence OF important
witnesses, and not having had time to consult
Mr. LeSki said that the affidavit was not
sufficient to hold majority of the persons
here arrested, and II your honor please Will
MIR Johnson, (luterrupting) Ihave an ain.
dayit which will read for continuance.
Mr.. Bradley, unterrupting) Is 1t sworn to !
Mr.. Johnson. No, slri but the complains Mt
will swear to II.
MIR. Norris. No, sir let 1t be sworn to arst,
Mr.. Bradley, Yes, let us apply the statute
MIR; Johnson proceeding to read his pro-
posed affidavit
M, Int fal hv In, anli nr hat
ii should first be sworn to.
Mr.. Leski then attempted to get in his mo-
tion to dismiss his clients, when he was IN.
terrupted by Mr., johnson with his clientS
After some cross-iring between the distin-
guished counsel, MI Cook read me anda ,S
the afiant had not stated what diligence he
had used to obtain the ATTENDANCE of his wit.
nessses; that that part of his affidavit stating
that atiiant had not had an opportunity to
sufficiently consult with his counsel was alb
surd, because no person controlled by ms
spleen and mad impulses should receive much
consideration of the court. II Is, indeed, an
extraordinary casej for, with two counsel sit
ting here equal to any emergency that eau
arise in this nineteenth century, 1t Is OK.
tremcly ridiculous to claim continuance on
account of their want of preparation.
BY the Court; Gentlemen, one word
Mr.. Johnson. Well, II your honor please
BY the Court. Just walt one moment.
Mr. johnson. Yes, sirj but want
by the Court, Watt 1t was understood that
this case should go on to-day, but not deter
milne until a witness return from Ohio.
MIR, Bradley. Well, what does the gentle
man expect to prove by his absent witnessl
MIR. Heustis, (complsinant.l expect to
prove by the absent witness the utter ialsity
Of the Giiidavits Of Mr., Gross and Mrs. Payne
MIR. Muzzy, The gentleman has counsel heres
let them speak
MT. johnson. Now, sir, what Is the theory
OF tle lawl Why, sir, they are plain, and
with your honOrs experience, am astonlshed
that you would entertain any objection to
continuance, when that continuance is AbsO-
Iutely necessary for full justice to be done.
When | mention the honored name Of MIR.
Dayidgc, who is associated in this case, !
claim that common deCency and the ordinary
amenities of life, demand that the adjourn
nent should be granted. A gentleman, whose
reputation is AS good as any mans In this
room, is arrayed here, and we want to give