The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-10-18
THE RICTATTORNEYSHIP
Mr.. Sheppard and Mr.. Hagert With
draw During the Tendency
of the Certiorari.
Mr.. Gibbons Appointed to the Office
Pro Tenn.

This noraing number OF lawyers were In at
tendance upon the Court OF Quarter Sessions, Judge
be for the present made OF the ONCE OF District
Attorney, knowing that writ OF certcraTt had been
case to the supreme Court Also 1ry were in at
tendance for the T4al of homicide cases. but no one
for some time appeared within the bar as the Com
pard and MT Haggert entered and took their usual
places and soon Mr. Gibbons, who had been sent
fOr by Judge Ludlow, came. Mr.. Sheppard at once
advanced to meet him, and the two gentlemen
having shaken each others hand proceeded together
20 speak IN private with the Judge. After few
moments OF consultation Mr. Sheppard arose and
addressed the Court rs fOllOws:-
May It please your Honor, on Saturday last a ma
jority of the Judges Of this Court acting upon certain
views Of the law and Of the facts expressed in their
opinion decided that the present incumbent OF the
oiice Of District Attorney had not been duly and
legally elected. To this decision q certorar has
been taken TO the Supreme Court, and desire to
avoid all unseemly discussion to whether or not
this writ Is a supersedeas, or how far the learned
entitled to administer the duties Of the onCe in the
such a discussion at this time could effect no good
object, but might lead to the delay and confusion OF
the Commonweaths business. Besides, it is an UNI
pleasant thing 10 administer an office before tTiDu
nal that has decided that l am not entitled to it.
Under these considerations, have concluded that
1t is my duty 10 withdraw from the Office and there
fore, with the prOOundest respect for the Court,
now decline 10 prosecute the pleas of the Common
wealth during the pendency of the writ OF certorar
Judge LudlOw-Of course the District Attorney of
the county has perfect right to adopt whatever
steps he deems necessary in the present juncure of
i
clinng to pr, secutc the pleos of the Com nonweath
while the writ OF certiorarl Is pending, since the de-
clslon OF he maory OF TINS court from when u is
known j dlssented II is highly proper that he
should abstain from prosecuting the pleas during
the pendency ofthe writ in the supreme Court; but
must see that the public interests do not suffer in
There is a large criminal calendar including q
number Of homicide cases. and there ID one case of
special Importance fixed for trial on Wednesday
next. II therefore devoves upon me- under the
power given by oct of Assembly, to appoint Dis
trict Attorney pro tenn. TO attend TO the public bust
ness in the interval between this and the decision Of
the writ Of certiorari In making this appointment
act with regard TO the public interest alone.
If the gentleman whom shall appoint receives
certificate from the Governor upon the decision OF
the Supreme Court, he will be called upon to con-
tinue his management Of the business of the office;
should the decision of the writ reverse the judgment
of this court the present District Attorney will be
called upOn to the prosecution OF the pleas.
Nothing remains for me but TO appoint the gentle
man whom the Court has adjudged to have been
duly elected, and therefore direct the following
And now, to wit, october 18th, 1869, the present
District Attorney declining to prosecute the pleas OF
the commonwealth, Charles Gibbons, ESQ, is ap-
pointed to the office of District Attorney pro tenn,
during the pendency OF the writ OF certoTaTI in the
Supreme Court.
your Honor the determination Of my friend Mr.
Sheppard, Just expressed, was quite unexpected to
retire from his present position at this
lime. 1 hoped he would have remained in
the Office until he had prosecuted some of the
important now awaiting trial. and that in their
prosecution the Court and the community might
nave received Jle Oh cAperlcllCe SKILL
Neither Of has regarded the contest that he's just
ended as personal matter; am sure have not,
and believe he has not Under the decision of the
| Court pronounced on Saturday. and under the ap
| pointment just made by your Honor, nothing re-
mains to me but to accept that appointment. But of
your Honor can perceive that in the present
condition of affairs 1t will be impossible for me to
proceed with the fixed for trial this morning;
| am unfamiliar with them, and feel obliged to ask
| your Honor for an Indulgence OF day or tWo say
! until Wednesday or Thursday.
Judge Ludlow-1he case fixed for Wednesday, Mr..
| Gibbons is one that requires your attention, and
whether will be tried then or not depends OF course
upon you. / will adjourn until Wednesday.
Mr.. Gibbons was qualified to the proper execution
of the duties of the office pro te., and the Court ad
ouTned until Wednesday.
In this connection 1t Is proper to state that upon
earning Mr.. Sheppards intention to withdraw,
Judge Ludlow rendered the appointment pro tenn. to
Mr. Hagert, who has served as Mr.. ShGppards as
sistant; but that gentleman had resolved to go out
with Mr.. Sheppard, and declined the proffered ap-
pointment Mr.. Gibbons also requested Mr.. Hagert
to remain with him. at least unHl he should become
acquainted with the state OF the business and get it
properly under way; but this also Mr.. Hagert, eX-
pressing his regret at being unable TO accommo late
Mr. Gibbons declined to