Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-09-12
THE CASE.
Judge Hunter Sustained by
Judge Lee. .
Squire Han demanded 10 Jail.

Some days ago we announced to our reader
that Justice Hall had bsen arrested and com
mitteo to Jail by an order from Judge Hunter
for refusing to pay a hne and costs-somS
thirteen doli~srs-imposed en- him for contempt
of Court, in refusing to testify in the Cosgrove
case.
The night that the order was made consign-
ing Justice Hall to Jail, a writ of habeas corpus
was sued out by bis attorney, and he was re-
leased on bond until the case could be heard.
/ Yesterday the case came up for trial, and Judge
Lee, after hearing the arguments. dismissed 1t,
Issuing the following order, and demanding the
prisoner TO jail:
STATE OF TEENEssEE-TO the SherifofShelby,
County, Greeting:
WHEREAS, II appearing TO the satisfaction OF
the Court that q subE oens was, on the 18th day
/ o. July, 4. u. 1858, issued by the Clerk OF this
CourG and placed IN the hands of A. 2. Curry,
Sheriff Of Shelby county, ordering him 10 sum
mon James Hail TO appear before the Judge OF
the Criminal Court OF Memphis 10 testify on
bebatfo OF the defendant in the case Ofthe state
of Tennessee w JOnn CosgroVe, Indictment FOR
murder; and IL farther appearing that said sub
poe 10 was duly returDe1 by the SAID Sheriff, in.
uOrSed " executed" on the said James Hall;
and ne, the said James Hall, having wholly
failed TO appear ana testify as required by said
on motion of the AtLorney-3enera
an attachment was awarded TO bring the sai0
Hall before the Criminal Court 10 testify as
aforesaid, which said attachment was directed
to, snd returned by the Sheriff OF Shelby coun-
". Endorsed, Come TO hand nth day Of July,
nos executed ny HlthAuS hlOWn ~ hlAoS
Hall, Esq .thec ntents OF the within, who re-
fused to open the door, thereby rsiosing TO
obey the within process, jay II, 1858. a p.
CuIy, Sheriff. Job Downs, 5. ID. s." And
thereu pom on the foIlowIng July tG, 1868, for re-
lusi0g 10 obey said process, thedefendantb being
present in open court, the court fined the said
James hall he sum Of $40 aid also ali costs Ia
this behalf expended.
These are, therefore, 10 m you tina
YOU axe the bOdy of the SAID James Hall ana
the same safely Keep in the county all o. Shel-
by county until he has paid the amount OF the
fine and the costs Aforesaid.
Herein fail due return make of how you
have executed this writ, this 7th day oiSeptem-
Witness my hand at ofiae, this eth day o:
September, 1865. HUGH l. FOX, Clerk.
II. s. CAPEKS, DC.
Friends offered the Justice to pay the fine for
him, but lie refused TO allow them, and was
escorted 10 jail, where he Will remain until he
changes his mind.
We understand that Squire Hall gives as his
reason for refusing 10 pay The assessment, that
Mr.. Ohm Donovan is stu indebted to hin fol
costs in state eases, tiled before him (HauD
when Donovan was Clerk and be further de-
clares that he viii not settle his fine until Don.
oyan is made 10 settle with him. We under
stand, also, that Pat Winters, Esq, and Marcus
J. Wright, Esq have made a motion, which is
now pending, to compel a disbursement OF
these funds, and that the matter has been put
in the hands of d. II. Poston, Esq, Of the firm
of Poston, Humss q Scott, for adjustment, 10
be returned at the next term OF court, on the
second Monday in October.