The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-11-19
Fest Case under the FourteentE.
Amendment Of the Censtitss-
tom of the United States.
THE GRIFFIN RABEAs CORPUS.

THE GRIFFIN HABEAs CORPUS.
The United States Courtroom Was well
filled Yesterday. with members Of the bar
and others interested in the decision of the
important case now being argued before
Judge Underwood. +t
Mr. Bundy desired to know whether al
the attorneys for the respondent were now
in court. /, On the previous day he had been
Obliged to submit to be catechised by SORT
Of grand Jury OF attorneys, some Of whom
he, had never before had the pleasure Of
meeting. To-day he would request that the
counsel for the respondent would arrange
/ among Themselves and announce the re-
! spective parts which they proposed to play
in this ,-,,j7l.-ss
Mr. Chandler Tragedy!
| Mr.. Bundy-drama.
He would also announce that, since the
day before, the petitioners cause had re-
1 ceived valuable Reinforcement in the person
of Mr.. Chandler.
Mr.. Bowden said that whoever might
appear in the cause, he wished il distinctly
/ understood that he and Mr. Neeson claimed
| the right to represent the State Of Virginia
or the First Military District.
The Court said that yesterday the Attor-
ney-General, Mr., Neeson, and General
Bradley Johnson, had been recognized as
the representatives of the respondent, and
| they would, therefore be heard z-
| General Johnson explained his position
| He had been employed to represent General
Echols, the president of bank at Staun-
ton, and other citizens of Augusta, who
have serious property interest in the re-
| suit of this cause. He claimed that these
| interests were even greater than any that
Judge Shetfey had at stake.
Mr.. Neeson then read the return OF
D. McCorkle, sheriff of Rockbridge county,
to the writ of habeas corpus, an abstract OF
which has already appeared in our columns.
He had inserted date and made it little
| more " artistic" but had made no material
| amendment.
Mr.. BundY read the answer of the petit
toner (Grifin) to the return as follows:
Ct United States Circuit Court, District OF
Virginia, in the matter of the petition OF
Cesar P. Griffin for discharge under the
Ha5eas Corpus act, February 5, 1867.
CHOW comes Cesar P. Griffin, the petit
toner, into court, and in answer to the re-
turn of D. McCorkle, sheriff of Rockbridge
county, ohjecting, says upon his oath that
| he denies that he was convicted by the
Circuit Court Of Rockbridge,' as set forth
| in said return; and he further denies that
| he was sentenced to two years in the public
Jail and penitentiary house by the Circuit
Court of Rockbridge county; and he fur
| L. Il &lot hn of
county was ordered by the Circuit Court
of Rockbridge county to take charge OF
your petitioner and to convey him to the
said public Jail and penitentiary house
| and he further denies that the execution OF
the sentence of the Circuit Court of Rock
bridge county was suspended for thirty
days; and he further denies that the pa
per writing purporting to be copy
| of the record of Rockbridge Circuit Court,
| and refused in said return, and marked
"a is record Of the Circuit Court OF
| Rockbridge county,
"And your petitioner, further answering,
ohjecting, says that he expressly denies
that there was on the 18th day of Septem-
Der, 1868, any Circuit Court for Rock
bridge, or any Circuit Judge of said Rock
bridge county, but says that said Circuit
Court and the said Hugh W. Sheffey were
expressly disqualified and prohibited from
| making any judgment, or sentence, or do
| ing any judicial act whatsoever, by reason
of the provisions Of the fourteenth article
| of the Constitution of the United States.
"And your petitioner, further answering,
again affirms upon his oath the truth of all
the matters heretofore set forth in his petit
ton in this case. CESAR P. GRIFFIN.
"Sworn and subscribed in open court this
| 18th day of November, 1868.
". II. Barry, Clerk"
| Mr.. Bundy then commenced the opening
argument for the petitioner.
He was interrupted by MIR. Lyons, whc
| inquired whether, Notwithstanding the
ruling of the court in reference to the nnm-
ber of speeches to be heard, suggestions
might not be made by himself as the repre-
sentative of Judge Shetfey. He would ask
whether the counsel for the petitioner
would be allowed to proceed with the argu-
ment in case of such Importance withou,
the introduction of any testimony, and
upon the simple allegation of the petitioner
The charges against Judge Shetfey amount
ed to treason-at least in the modern sense
of the word-high treason-and every step
in these proceedings should be taken with
caution.
The Court said this WAS not trial for
treason, and the argument could be pro
ceeded with.
Mr.. Bundy again spoke of the propriety
of knowing exactly who appeared Tor thu
respondent, and urged that it should of
settled.
Mr.. Lyons said he had appeared ct tht
request of Judge Sheffey, who was an OLE
personal friend. He had no intention O.
obtruding himself in the case.
! General Johnson reminded the Court
his own embarrassment, and begged leaV'
to withdraw in favor of Mr.. Lyons, whom
he would gladly hear argue the case for th'
respondent.
After some further discussion the Cour
expressed its willingness to hear iron
Judge Lyons or any other gentleman
amicuS curiae, but repeated the declslcl
that only three speeches could be heard II
the argument-in-chief. =,
Mr.. Lyons, resuming, said that If tn
counsel, before he came into the case, ma
agreed to admit the documentary eVldenc
referred to by Mr.. Bundy he had no NOR
to say. enc.
| Mr.. Bowden said that while admittln
, that Judge Sheffey had been member
the House of Delegates before and durin
the rebellion, the respondent did not ad
NIT that he had rendered aid and comfort
the rebellion.
, Mr.. Bundy said the case rested upo
! whether Judge Shefey did ever take a
oath to support the Constitution OF the UNI
ted States, and afterward engaged IN re