The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-03-30

that complaint, written and sworn to last
week; and am to be thrown out Of the
case. when that paper may be attacked
| How do know but that the learned gentle
man may drop the word conspiracy" and
! thus throw out the case2 have my pro-
fessional reputation ct stake, and that
| should guarantee my appearance before
YOU, Has it come to this, that when two
/ men-loya1 Republicans, citizens Of Vir-
| pinis,-choose to institute a complaint
against loyal Governor Of Virginia and q
| loyal Judge in bankruptcy-tha those two
| men, having assumed the responsibility,
braved public opinion, defed personal
threats, scorned official menaces, that they
! have no rights in this court That the man
who intercedes in their behalf, the lawyer
| who stood by them when the United States
wss trembling, and these persons were about
| to be dismissed from court because Of the
absence of the District Attorney, is also to
be dismissed from the case? Has it come
to this, that through their energy and fear
lessness this charge is brought, and that
then their counsel, by wink Of the eye or
q nod of the head, is to be debsrred from
appearing I aek these questions with en-
phasis and with power, and l would like to
| hear the gentleman's answer. What rea-
son does he give? Where does the respon-
sibility rest upon him7 Has he called
upon one Of those parties to know who the
witnesses are, or what are the facts and
| circumstances
was on my way to his office to read the
| brief to him when his note reached me,
and that stopped me. Though political
slave, have the Virginia pride and the
Virginia honor yet in my heart, and no
Federal officer shall compel me, with Bonded
knees and bated breath, to crawl into court
with his permission. Where is his right
| to give me such permission Whose rights
| here are involved -? These parties have
sworn that the postal laws have been vio-
lated. Who violated them? A Judge in
| bankruptcy and Governor Of Virginia by
commission. If they were humble men
thus accused do you suppose that you would
have seen the distinguished representative
of the Government here claiming the right
exclusively to prosecute those humble men,
when the prosecutors had asked counsel to
20 into court and protect them? Does the
| fact that one of the offenders in this case did
| occupy high position, and one of them
does now occupy high position, and that
| the prosecutors are humble men, strangers
among strangers, except with their Repub-
lican friends, change the case and that
they are not to be heard, but that the Co.
| vernment of the United States, whose laws
arc alleged to have been violated, is to deal
| with them as it pleases, without reference
| to their wishes, views, or interests Why
did you hear me the other day? Why did
you take that paper that was written and
altered at my instance, and have these
| persons swear to it in your presence, and
bring here these prisoners and recognize
them? Had more rights then than now !?
Who is the judge in this matter as between
the District Attorney and myself2 You
No, sir. The law the practice. And what
| is higher and better, it is the honor Of the
profession. And when q commissioner Of
the United States, or judge, or magis-
trate, undertakes to soy that parties who
have voluntarily assumed this great and
| important duty to the Government OF immi-
nent risk to themselves, have informed
themselves and me of all the material facts,
| of all the surrounding circumstances that
because the officer of the United States,
| who was not here during either of the
former investigations, is here to-day-and
here, l undertake to say, partly on &C.
count of what happened the other
day-that the retained counsel shall
be put aside, and the District Attorney ap-
pear as unimformed about these things as |
was ten days ago? respectfully claim the
right of appearing in my professional
capacity. l respectfully claim the right
because you recognized it the other day,
and because it devolyes upon me from the
| vested, continued, and continuing right
that these parties have in this case. Ihave
not had the pleasure Of long acquaintance
with you. One thing | venture to say, that
you and no man in this Commonwealth will
60 so far as to say that ever obtruded my
self oficiously upon any human being,
however humble, or claimed right not
given to me by the laws of the country.
| MR.. BEACH REJOINs.
Mr.. Beach explained that it was impossi-
bic for him to be present on the day the &C
cused first appeared before the Commits
sioner. As to the correspondence that had
passed, he had meant in it no disrespect to
| Mr.. Gilmer; but felt himself abundantly
able to conduct the case without his assist
ance, and would do so without prejudice,
governing himself by the same rules that
he followed in every other case. He re-
| spectfully submitted that he, as District At
torney, had the entire control of the prosecu-
ton, and it was for the Commissioner to de-
eide whether counsel should be permitted
to assist without his acquiescence.
MR.. G1LMER RULED OUT.
Mr.. Chahoon said that he recognized the
District Attorney as the only official repre-
sentative of the United States, and that
counsel for the complainants could not par
ticipate in the conduct of the case against
his protest.
Mr.. Gilmer asked that this decision be
reduced to writing; which was done.
At the request Of Mr.. Beach recess Of
an hour was then taken.
AFTER RECESS.
At 2 o'clock the parties interested again
assembled in the Commissioners Office.
Mr.. Beech said he had had o conversa-
ton with Mr.. Allan, one Of the witnesses
for the prosecution, and found it necessary
to ask that the examination be postponed
until Mr.. Watkins James, whose testimony
was important, could be brought into court.
Mr.. James had been subpenaed, and he
would probably be present on Wednesday
or Thursday next.
The Commissioner inquired whether he
could not proceed with the examination Of
the witnesses present.
Mr.. Beech thought he could not.
Judge Crump flor the accused) urged
the propriety of proceeding with the ex-
animation. His clients we're entitled to
speedy examination. 1t was confessed that
% he oh ,rr.L.nnn