The national Republican., 1869-06-22
rnE COuRTn.

A.. rus nbRADLEY-rIsHrn CASE
OOurs sss easof @ I%s fi.Rsr wa. O. s.llss
Mr.. James II. Bradley said that the plaintiff
had filed the replication tnDurid to the plea OF
the defendant, and served his counsel with no.
The plea Is "a follows.
And the said Joseph II. Btadley, as TO the
several causes Of setion in the Introductory
part OF that plea mentioned and therein at
tempted TO be justified. sdys that he, by reason
legged, ought not to be dcbarred from his hav
Ing and maintaining his Aforesaid action
thereof against him, because he says the de-
a %9Sns. and Without ,he @ cause % alleged By % him I'm
Ia his said second plea, committed the said
several grievances In the said plea mentioned,
said declaration complained against the dc.
fendant, and this he prays may be inquired
into by the country, ajury,) Se.
the attendance OF some Witnesses whom he ex.
peeted he would be ready to try the ease.
The Court thought the case wasNfxed for to.
day, and ought TO be tried.
Mr. Riddle said that the counsel for the de-
fence would, under such circumstances, hAse
TO decline TO 20 forward with the case. Judge
He could not adjourn the jury, but he thought
that after the Court had been running two or
three weeks, he could adjourn for two or three
days, and give his time to this case. ~
The Court said that the presence OF
client was nnt necessary 10 the trial Of a ease.
Mt. Riddle said that Judge Fisher wna
prepared the pleas. So far as he Was con.
| cerncd he was unable to go on without him.
Mr.. Hughes. Let usswear Jury, and then
| postpone Tor n reasonable time.
| The Court. No. We must go on nov.
After some further discussion. Judge Hughes
| said II would be just as well to empanoi the
trial They were disposed to give the de-
fendant every reasonable time that could be
| ~. t,it,,. ..ll a. .o,,ii =. =. a, a.. ,o,,
Mr.. Cook, We cannot go on at this tlmo.
| II they force US to II, we shall ask time to
prspare an aihdsyit for eontinuanee;
prepare your Atlldavit then.
Mr. Cook. Very well, l will prepare II,
| The Court. In the meantime we will call
other cases. Prepare as soon As you can.
The calling OF cases assigned for tho day
was then proceeded with and concluded.
The Court then sent messenger to urge
Mt. Cook to hasten the preparation OF the
In an hour Mr.. Cook appeared and a led the
kFFIDAvir or JuDaE PisugR.
Before me appeared George p. Fisher, wht
| on his oath says that he 10 at present engaged
In holding the June term % the orimint
court Of the said District; that he is the do
fendsnt In said case, and expects TO be wit
ness theteini that he does not think u woult
be safe or proper for him to have the cas-
| tify that each statement contained In the OF
J der Of the 10th Of August, 1851, and made th
foundation thereof and incorporated 10 tn
declaration Of said plaintiff. and BY the sal
plaintiff denied, Is truej and that each ma
| terial allegation OF said declaration is untrue
that In consequence OF hi. engagements a
pear as a witness in said ease to-day.
that Dr. W. d. stewart is a msterlal wltnrs
, | In said case, without whose testimony h
= could not safely go to trial; that he has use
e all possible diligence to procure the nttenI
] AneS OF said Stewart;. that he caused n suit
n l I..., III h.N h, nIll
deavoroI to serve the subpoena, but could nc
|, Ind him, and that he has bsen Informed an
u believed that said stewart il absent from III
' believed, was present when the oeeurTent
4 which led to the order took places tbs
a he will testify that each aud ever
u fence (thls defcndants) Is true, aud th'
the contrary allegation contained In the plaiI
II tih's declaration are untruei that he expect
/. to be able to procure the attendance OF sal
y stewart on or before the next term Of th
= | court.
d That the allegations referred to In come
8 | tion with the testimony OF this anu ~
e that OF W. ID. Stewart, among others, and u
Ia | following, viz; That the plaintiff, on the 81
y July, lsJ1, during the progress OF the trial
d from the bench, the plaintiff aceoated him 10
,e rude and Insulting manner, charging this At
,c ant with having insulted this plaintiff th
that the plaintiff threatened this affisnt the
and there with personal ehAstlsement, AT
l. that these and the other facts he expects to
ablo to prove ty said witnesses.
ID Sworn and subscribed, 2lst June, 1863.
Mr. Bradley said that the witncss. As he b.
every reason to believe, was In town now. II
" would gets carriage and send for him. IN
/. Graves, bsillR was sent accordlnglyD
" The Court. What does the affidavit sayl
y Mr.. Cook. II says that witness 10 out
y town, Aod thsedue diligence has been used
procure his attendance,
# Mr Hughes thought that the b,ilif shou
l. MI. Bradley. II they will agree to go {
&c with the trial we will admit thai the defen
'r ants would swear to the statements eonisin'
4. The CSur,. WIN you ,dnIt the .tatomcn
to no trurl
MT. Brnlley. Oh no, ee,l,Inly not. Tt,
" are the suhleet Of the eU1irosetsy.
le Mr.. Harris sail he supposed that the ilF
~ clause Of the affidavit would be without encc
The Court. Oh, NO; that eau have no ense
;, Theu, as to the other portion he submiite
u was defestiye in many particulars.
o. The Court ssidi have this dIhloplty Abol
In this afIidavlt. The arst part Of Il, With rsfe
eneo 70 the judges ofiSisi sprasen'sn's. has
~ Mf. Cook. Well, on that subject We shou
like to be heard, This court can have no po
er honor please, this court has 10 power TO 90
10 | pel his htte dance.
Il, n The Court. The Court Is not going TO e,r
"a pei the attendance Of witnssi who 10
MI. Cook. But that party HI. Ap Sns,g
H. ment.
The Uourl. The Court do es not Gcm ,nd Il
~ attendance Uf that party.
10 Mr.. Cook. Hut thus, by the action OF Il
o. law, his mrstcr, he snot In position that
he | eau attend.
r Tho court. do not think So.
a, Mr.. Cook. SO II seems to us,
Mr.. NJ. L Morrison Harris argyol the lnsu
" hclency OF the affidavit under the law la 7
gard to continuance, but said they had no d
he position to take any advantage BY pressing
he trial to-day.
whether the defen liant had brought hims,
oi within the rule eutitling him to con tinu.n
IN lie argued that he had.
re NJ. Cook gave out that they wished II d
tinctly understood that they only wished
H. postpOnemcnt for week. They had
n desire for a continuance until the next teri
Mr.. Hughes argued that the facts alleged
NC showing diligence, AS stated In the afidsv
d. did not show the "iuc diiigenccn which /
he law requires. The case had been hxed at /
70 opening OF the court by agreement for the lst
III for DR.. stewart was issued. Was that su
Il, diligence as would cattle him to cont
unncei lie said that the affidavit was III
no the deiendNnt was Informed and believed
a, not that he believes nov, but that he believ
"' then, At the time he wa Informed, that ste
art was out OF town. lie does not swear IN
n, he believes so now. Bcs dcs, the allrg iton
as that Dr, Stewart Will swear that all the plai
r. ti's allegations are untrue, and all the defer
,o ants allep ations are true. This was a stai
h' ment too general to DO admitted, and the 1
u, fOndaut had a right to admit them " he shOu
ut choose. AIlthe specific facts set forward as
he be proved by Dr. stewart are that the Alicft
rc tlon took place "As Judge Fisher was desueu
" ing from the bench" That Is not the qu,
tlon. The question 10 whether he had 4
ly journed his court, gone out to the street, Al
to then returned for his umbrella, and was III
n coming down from the beach. when the dil
Guilty took place.
4 Mr.. Cook said, that II gentlemen were,
y. they BIii, disposed to take no advantage, Il
~ 10 be so liberal, why did they not AcSept 4
or proposition OF the dHfsuoB, and agree to
lis the case towards the close Of the week.
lv to the "bClLevcd," 1t was clerical err
y made Ia the haste, aud could bc amended.
" Judge Hughes was willing to have the ju
! sworn now and the oaae then postponed {
q any reasonable time,
nd Mr.. Cook saw no reason for swearing q
a, Jury a week before the trial.
~ The Court said that the question OF 90
US tinuance was not for counsel but for the cou
ly to decide, He would wait until the return
Ut the messenger before he determined his co ufl
,s- After n short interval the messenger sc
after Stewart came back aud said "His wi
Informed me he was In town. that she told hi
", and he msde memorable OF II, and she su
I'D posed he had forgotten It, but he would
a home this eyening,n
y, Mr.; OOob again proposed to take up the ca