The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-15

Mr. Urst said he deemed the difference small
one whether the Judges understood the writ as from
this Court or the Supreme Court they anew it was
writ from some court, am that Mr.. van HOOK was
DEPUTY Sheriff. Instead Of receiving the process of
the court respectfully, thev seized the officer who
went to serve It, and violently thrust him from the
apartment , 40, ..,. - ,,, 49,, .
clearer case of contempt Of court. Even when they
knew the police force had been summoned to aid in
the execution of the writ-for they were informed
of the approach OF the poicemen-they still barri-
caded the door, which had to be battered down and
that door now was monument OF contempt for this
MIR. Van Hook said he had no personal feeling in
the matter; he was not injured, and he would leave
IL to his Honor to say whether himself or the dignity
of the Court had been hurt
Mr. Hlrst knew this was period Of excitement,and
the act was done with but little reflection, and per-
haps q reprinand to the offending parties would be
sufficient but OF course so great an error should not
be allowed to pass unnotlceu,
There being no testimony against Mr.. Cotman, he
not having taken part in the election of Mr.. Van
Hook, there was no occasion of remarks from coun-
sci in his behalf but for the other defendants Mr..
Dropsie spoke briefly, pleading the excitement and
other circumstances of the time as going to show
that the defendants acted under mistaken idea of
their duties, and had no intention Of showing dis
Judge Allison said when the writ of this court
issued, thought the men chosen to so high and inn
portant position as that OF return Judge certainly
would receive it as good and honorable citizens
should receive it, for it was the law that spoke and
not myself and the law cannot be disObeyed without
the Inconvenience Of heavy penalties.
But when Mr.. Van Hook made return of the treat
men he mad received, could not but feel surprised
and disappointed at such conduct. / at once issued
order for the Brrest Of the parties who had been
guilty of this fagrant contempt, and made it re-
turnable before me this morning. knew should
act promptly in such matter.
take it to be Of but little importance whether Mr..
Van Hook said he had writ from this Court or from
the Supreme Court, for they knew it was writ from
high court of Justice, and should have received 1t
with submission. A man is presumed to intend
what he does, and though the essence OF an ofense
Of this character is an intention, yet man charged
with it is to be judged in the same
Jury; that he is guilty if he swore to
thing which he did not know to be true or false, If it
proved to be false, as well as II ne sWore TO What ne
tlemen to come in and say that they did not know
the process was from this court am not disposed
to deal harshly with these or with others; but
there has been of late such manifestations OF
spirit of violence in this community, that steps
must be taken to show that violence and terror
have not and cannot take the place of law and
order In coming to a conclusion on this matter
am somewhat influenced by the subsequent condact
of these parties in barrcadng the door against the
armed force of the police who had come to the as
ssance of the officer entrusted with the execution
of the process instead Of opening wide the door and
| admitting them quietly
| | am not allowed by law to do what otherwise
would do, namely send these parties to prison for
| contempt committed out of the actual presence of
| the Court; but will do all that the law permits, and
| will impose fine that may be effective in showing
everybody that these abuses of the law will In every
case be heavily punished. ! therefore order that
| Jacob L. Baugh and Henry Connor each pay ine
| con Piled with, and that Cotman be discharged.
| The First Senatorial Contest.
In the matter OF the contest between Diamond and
| Watt which was before the Court yesterday, Mir.
| Hirst presented the following petition:-
To the Honorable the Judges of the Court OF COM
mon Pleas for the city and county Of pmadelphia
known unto your Honors that he is qualified eector
! of the First Senatorial district of this Common
wealth, and of the TWenty-siXth ward of the said
city, and that he was candidate for Senator in SAID
district at the general election held in said district
on Tuesday last that in the Third division OF said
| ward he received at said election 159 votes
| and in the Fourth division OF said ward ne
the Judges of the several divisions Of said
ward held on the evening of the 18th instant por-
| tOn of said iudres were in session to receive the
votes of sad divisions and then and there made out
an imperfect and incomplete certificate OF electlol
to be submitted TO the Return Judges of said district
wherein two divisions were entirely omitted, and IL
each of said Third ana Fourth divisions the vote OF
your petitioner was stated to be as loWs:-In the
the Fourth division SS votes instead Of 1SS votes fol
him for said oilice; that the said certificate was
therefore incomplete, and does not state The
is required, wherefore the said division
judges have not performed or completed the duty
enjolned upon them by law, whereby great wrong
and injury have been done to your petitioner and
others like him, qualified electors of said Senatorial
Wherefore your petitioner prays that your Honor
will award mandamus to the Judges of the SAID
divisions Of said ward to WltEWIlam I NJ; justin
Prlchard, Alexander Kyle, Robert j. Patton, Henry
M. Hohner, William Wilson, and William Carerson
their said duty in this behalf, and proceed to count
and certify the vote Of the several divisions of saiC
| ward. ALEXANDER j. DIAMOND.
After discussion by counsel, Judge Allison said:-
This is precisely the same application that was
made to me yesterday. The returns were primo
Jdcie correct, not forgery. They may probably be
false and fraudulent, but certainly not forgery
We must not call things by wrong names nor con
found one thing with another. We had yesterday
plain, palpable unmistakable forgery; but tht
returns in question this morning We're no
be false, yet prSna Jaeie they correct. Now th
act of Assembly provides remedy for wrong lik
this by giving right to contest. We can4o
to correct this wrong, which / am convinced it is
had the power, but there are limits beyond whicl
l cannot go, and cannot give the remedy you ask
This Is nothing else than false return, for whicl
the law has adopted separate and distinct remedy