Evening star., 1869-06-28

THs BRADLRY.FIsHER CASE.
Opening speech e Mr, sradiey-oPenins
This morning the case OF Jossph u. Bradley
against Judge Fisher came mp in the Circuit
Oourt-Judge wylie on the bencb-Judee
Hughes and J. Morrison Harris for plaintiff.
and Mr.. A. @. Riddle and W. A. Cook TOR de.
party struck from the HIST tour names, which
resulted in the selection Of the following Jary
10 try the case: Peter May, John p. Hilton, 8.
Scrivener, James MsnkIn, George + Mc0ioe,
Thomas w. keithley, VIM. Hickey, s. n.
Williams, and VIM. Kickum. Mr.. Mankln
relations to both parties, but the counsel re-
iueed his request, saying that they had shown
their confidence in hum BY allowing his name
TO stand.
The Jury having been empanneled, Mr.. Brad
ley opened the case in his own behalf, say.
ing that it was not novel, although rare, that
t AZ ss Sy .a
attorney-whose ofice 10 but little understood-
against Judge, but not in his judicial capacity.
was responsible one 70 his clients and the
Court. He owes duty to the Court, and must
treat the Court with respect while speaking 10
defense Of his client, and not "crook the pree-
nant hinges Of the Knee, that thrift may follow
fawning." He ofRciates merely as one OF the
ministerIng servants in the temple OF justice,
over which presides Judge who is unbiased
and leans neither to one eide nor the other.
although the baudage across the eyes Of justice
is too often slipped aside BY party prejudice.
No lawyer is ABOVE the law, neither rs jut tge,
Howard, page 2s5-6 case OF White against
Little. to show that no class of actions or
transactions are above the law, but that no
action for slander can lie against judge
without express malice Is proven. Mr.. Bradley
proceeded to relate the circumstances attending
the case Of Jonn H. Surratt and contended that
on The 10ts Of August, 1867, the court was
closed, and he Judge had no more power, a,
Judge OF that term, 10 perform judicial act.
reference to the terms Of the courts of the D,s.
trict, and also from the act Of March 2, 1s2I.
9th statutes, page ss7,) defining the powers of
:or contempt when the offence is committed in
olen court, or so near thereto as to disturb the
administration of justice; and il the court had
punished the offender. He read the order de.
barring him made by Judge Fisher on the 10th
OF August, after the discharge Of the jury, and
power to make such order. He said that the
offence complained Of as having taken place on
the I'd Of July, took place after the Judge had
brella, and related what had transpired on that
occasion at considerable length.
The defence reserved their opening, end on
being asked the issues, Col. Cook stated that
the hrst plea was g not guilty." and the sec.
ond. the special plea that at the time of the
making the order containing the alleged libel,
the defendant was engaged IN the performance
made such order as an official act.
Judge Hughes submitted as evidence the or
der OF August 10, 1867, in the handwriting OF
Judge Fisher.
Mr.. f. J. Middleton was sworn, and testified
that the paper was handed to him on the 10th
OF August, 1867, after II had been read from the
bench, and was in the Handwriting of Judge F.
Mr.. Cook objected to the admission of the
paper as evidence, as there was q variance be-
tween the declaration and the paper offered.
The court sustained the objection, and the
defence reserved an exception.
Mr. Harris then offered the record Of the pro.
cef dings Of the court OF August 10th as evi-
that the jury had been previously discharged
Mr.. Cock objected, but the court overruIed
the obj cton, and directed the record to be read.
Mr: Bradley was sworn, and was asked that
ne state the circumstances OF alteration with
Judge Fisher, with especial reference to the
time, to which Mr.. Cook objected.
Judge Hughes read the OFFER OF what they ex-
pected to prove by Mr.. Bradley, and Mr.. Cook
again objected.
Judge Hughes argued that the order upon its
face showed that the offence charged was COM
mitted after the court had taken q recess, and
that the order was made when the authority of
the Judge had ceased.
The question was here raised whether or not
this Court was Court of the United States.
and Judge Hughes proceeded TO argue that this
Court was not an exception. and asked II a
Court created by Congress and deriving all its
as Court other than one of the United States;
reading in support from the act of March %,
1881. He maintained that the Court was in
allegiance at the time the order was made, and
that the Judge had no power to make it.
Mr.. Cook maintained that no action would
lie in this case, and therefore it was not com.
that the Criminal Court was a distinctive
court made SO by the act OF July 6, 1888, and
Judge has tull power to punish its attorneys
1or contempt or other misconduct, a. was held
in the case Of the United states agt Hudson, in
9TH Cranch. 1t could not be considered Uni.
ted States court within the meaning OF the act
OF 1881, and on this point he argued at some
length, citing various authorities.
A CARD.-M; Editor: By your paper of the
s5th notice tha l am accused, in q public
meeting Of the Fifth Ward Republicans, By Mr.
ID. X. Parker, of having voted and used my
influence for the Democratic party on the day
Allow me to set that gentleman. and all
others who BY this action il is evident are un.
ACQUAINTED with me, right upon the matter Of
First. did not vote the Democratic ticket
Second. did not influence or attempt to in.
huence any one to vote that ticket
Third. On the day of election, BY virtue ora
recommendation from Alderman Clark, re.
ceived a warrant TO act as one Of the Oommis.
sioners OF Election for the Fifth Ward, and the
duties OF that position prevented me from
time found to spare was devoted to the pro.
motion of the election Of the regular Repuoli.
can nominees Of the Fifth Ward.
Fourth. Ny first vote was cast in the cause OF
human liberty and justice to all men, and up to
this day 1 thank God that / can look back
ward and discover no instance wherein ! have
not been true to the cause which has eliminated
so gloriously for all men in the land.
Allow me to say that the story is founded
upon the fact Of my being a son.in. law OF Mr..
Hunt, who was the nominee Of the Citizens for
Alderman.
was bern on the green hills Of old vermsnt,
and when forget the duty OF freeman and
allegiance to my country, so far as to assist
those who new as much as in the days of the
rebellion sympathize with the enemies OF my
country, l shall wish that the pure air OF
Heaven, so full OF life and health and libsrty,
Christianity and love. might poison me in pun.
ishment for the deed.
am now, ever have been, and shall always
remain Republican. II. T.. SHoLes.
L A. BOSWELL,
JUSTICE OF THE PEACE,
Omce-22e ~ street west, near = st. south.
Landlord and tenant and civil business
erslly attended to.
Also. Deeds I,aasAa Morf1n Willa dulv