Evening star., 1869-11-11
The Courts.


to the bar of this court.
The case OF the United States against John
Hes, indicted and convicted OF an assault and
battery in the Criminal Court which came up
ON appeal, was argued and the Judgment of the
court below sustained. The case of Robert
Lee, from the same court, was argued, and the
same decision made. The case Of the estate of
aired Lee-J. F. Lee ct al. agt. j. III. Johnson
IN which the question is as TO the power of the
executor 10 sell the real estate, was next taken
up; Mr.. Brent opening.
THE BRADIEY-FIsHER CASE.
Mr. Bradley commenced the argument i'm the
cases OF Rradley agt. Fisher, factions for dam
ages arising out of plaintiffs disbarment at the
Close of the Surratt trial, laid at SD DOO0.l Mr.
B. first discussed the questions What is the office
OF an attorney, and how can he be deprived of
II! He quoted from various authorities that the
ONCE OF attorney is a life offce-a grant for life
or during good behavior. He also contended
that party should not be condemned unheard
anu sentence OF removal from freehold Office
ought TO be preceded by some made of inquiry;
ana ne quoted from 9Th Queens Bench. 62I; 10th
do, III, and other authorities.
10-ddy.-Ths morning, he resumed his argll-
ment. saying that the proceeding by a court to
punish Tor a contempt committed in the face of
tne count is a judicial proceeding, and is not a
violation of the Magma Charta or the Bill of
flights of the States. because ii is necessary to
preserve the authority Of the court and TO secure
the due administration Of justice. But il cannot
extend beyond fine or imprisonment. or both
and l. not considered original proceeding
bnt as the application of an incidental power Of
St court Wnlte IN the exercise OF Its lawful iu-
risdiction and discretion: and he referred to
some thirty or forty authorities. In the case at
bar, the justice has avoided the prohibition of
the act OF 81 of March, 1881, failing to use the
word contempt" or giving any legal definition
OF the offence for which the party was punished.
He contents himself with a statement of the
iae,s, which he spreads on the record, and says:
:" he offence of Mr.. Bradley is one which even
his years will not palliate. 1t cannot be over
i.SIs ioTked or go unpunished" That offence was
n1a. nf
passed IN court. 1t is, then, not charge OF pro-
1essonal misconduct. 1t had nothing to do with
the practice Of his profession or his Office an
attorney, but proceeded from 'the irascibiity
of counsel, excited by imaginary insults, offered
TO hiIn in his place az the bar"
lie inquiries If this Is professional misconduct?
deprive him Of his franchise without judicial
inquiry. The memorandum offered was no
record, but merely an imperfect hint by the
justice for his own use to be added to or ex-
tended by his recollection. If the record does
not show any service Of process or any appear
ance in the suit. party may be allowed to avoid
the effect of a Judgment by showing that he was
not within the jurisdiction of the court which
rendered tit is manifestly against first princi-
pies that man should be condemned criminal.
lly or civiliy without an opportunity Of being
heard in his defence.
The test of jurisdiction is whether the justices
here have the power to enter upon the inquiry;
not whether their conclusions in the course oft
were true or false; and We receive evidence not
to show that the justice has come TO a wrong
conclusion, but that he never ought to have be-
gun the inquiry. The power Of the court, then,
is, Of necessity, examnable to a certain extent,
by that which is compelled to decide whether its
sentence has changed the right of property. The
INV. OF under which it acts must be looked into,
and its authority to decide questions which it
professes to decide ,ns must b. be considered.
proceedings in court against attorneys, and other
persons who are in possession OF rights or fran
chises, and to remove an attorney from ms ONCE
has, with great uniformity. been regarded o. a
proceeding Criminal in its nature, but whether
criminal or civil, as a judicial proceeding to be
effected only by due process Of law. He con-
cludes by saying ''that they possess no power to
out notice or opportunity of defence, or explain
alton for misbehaviOr, or for any particular in
stance of the same generally in his Office as at
tOrney of the court. as claimed in the words Of
the return, irrespective of the doctrine of con-
tempts.
Mr.. w. A. Cook followed for the defence.
On motion of Mr.. Mussey, John L. Stark
weather of Michigan, and on motion of Mr..
kllgour, Thomas II. EnglOrd Of Maryland, were
admitted to the bar.
RIVER FRoNT.-Harrey's Whacf.-Sailed-
Schr. Hattie NJ. HOwes, HOwes for Georgetown,
TO load coaltOr Providence.
Cdrter's Wkof-Arrived--Sc Criterion.
Cogswcll, from York river with lumber for j. D.
sItch & Co. Sailed-Schrs. Mary Elizabeth,
Ragan, light; Albert PharO, ShOurds, and Eva
Belle, Barrett, for AleNaiflria, to load coal for
Jersey city.
Rdcy's Wkarf.--Arrivetl-Schr Anna Gibson,
Brown, with oysters for Winfield & Weiscr; str.
Virginia, Gregg, from Potomac creek, with wood
for market; sehr. Packet, Frost, with oysters
for market; slOops Alice Ida, McCracken; Anna
Southard, Smith, both with oysters for market
Sailed-Schrs. Stephen A. Doaglass. Lewis, for
Hunting creek light; Chas. Gaskill, DuttOn, for
Baltimore, light Price Of oysters, CD cents to 50
Per bushel.
Tdy's Wharf-Arrived-Sc Kate. Bland,
with wood for IL. l.. Fay; Rising Sun, Clark,
with wood for SAME.
Bro,rn's Whd,5.-Arrived-Sch Harvest, But
Ter, with wood for s. p. Brown x Son.
GdIfs WhaT-The steamer Columbia, Har-
per, left yesterday morning with passengers and
freight for Baltimore and river landings. The
Arrow. Stackpole, went down with good num-
ber of passengers for Mount Vernon and Mar
shalls Landing.
Potomdc Ferry Whayf.-The steamer Wawaset,
Capt. FOwke, arrived last night with cargo Of
provisions and live stock for this market from
Cone river.
Crouch's Whayf.-The steamer W. W. Colt
Capt. +. A. Ryther, due yesterday at II O'Clock,
did not arrive until to-day. Owing to heavy
storm i'm the bay, she did not leave Norfolk until
O'Clock yesterday. She brings a large cargo
of oysters to dealers here, and large quantity
of furniture from Boston, via Norfolk, to mer-
chants here.
!0eri6's Coal and Tood Wharf. foot Of 9Th ST.
Sailed-Schr. Cora G. Smith, Williams, down,
light; A. j. COhn, Springer, for Georgetown, to
load coal for northern port
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PROMPT PAYMENT.-We have been informed
by MIR. j. B. Ellis that the whole insurance on