Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-21

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- out 90
ith the recollection Of Inc Couri, and that
ass would next DO called
Mr.. Wilson said, We arc not ready, for the
oasons We stated the other day, 70 60 On
With the trial OF the case.
M herrick. believe those reasons were
'eeed on ~ that time
9lea Whicn NE Court gave ne permission on
frlday 70 hlel
!. VT mhtungy. nave drawn M and now
le demurrer 70 the second plea, The one
louf honoI allowed the DEFENDANT 70 ME on
friday, And which I then Understood your
hqlor 70 say would be overruled.
Justice DIN Yes, loNerrule the Demurrer.
hr, Mattingy. We then Join Issue on the
plea, - .~H- - w
Judge Oin. Mt Whsoh, a. ! understand
yop, Your oblecton 10 tfoceedlng ~ thn
tinesis because you have had no oppertanlty
yo have iss, tilSS Win he PsT%,s"iOn ~ ne
court Il that NJ
Mr.. Wilson. Yes, uir W. .fH't'
Justice DIN. The oxcuse h you did not
know what plea 70 Ale until you bad exam
Nj. WIison. The plos was illed a long time
ago, or N least motion wa made for leave
70 file the plea u tho shme'timo tho Aapllca-I
zion was made Tor leave % examine the plain
tia That has been ON the iilcs Of tho court
ever Aimee, 49,. a. ~
Justice DIN. What cxcusc, thcn, have you
for not getting cyiduncc In suppor. Of your
PLEAD .I fsraE d. ---f ", IS
Mr. Wilson. Becanse no Issue had heen
iolned on me plca. The plea lad been lled,
but there was motion illed with II for leave
10 do 80. The rules donot require any mo-
tion for leave 10 NE a plea, but we made the
-
was objected TO; so Il never was nj Issue until
tlila morning the plaintiffa having justal this
moment Joined issue on H. If.f - 1921
Mr.. Mefrick Leave was granted the de-
fehdant On Friday 10 Gle the plea. Mr. Mat
tngly then iutsfposed a demurrer. Your
| Honor promptly stated that he would over
rule that ~ you did do this morning. On
| your Honor so stating we informed the parties
! that we would Join Issue en- the plea and
while IN the act OF preparing Tho demurrer 10
be placed IN Gle and the iolnier Of the Issue,
| We Defendant applied Y the corr 70 have nc
| nfst desIined 20 do this, but on eognsel for
| Che piaintid king known their ncquiesccnce
" the motion Tor postponemcnA consented
10 DO 20, being undervtood that the caee
ths TO have preference on the assignment Of
itd.day q.
Now, whether they arc entitled W time In
| which To get Witnesses 10 sustain the aDoga-
tions In this plea, take Il, would depend %
some extent (although not cutlrcly, ~ any
mcans,) upon 1.-THE materially OF the allegar
tiOus In the plea. Although your Honor has
allowed the plea 10 be Med, and gverriiled INC
demarroT, you have done ~, ~ understand
II only IN certain aspocts. The allegations
/ In reference TO which they might require Wit
nessea from abroad, are totally lmmAterlAl u
4 this caae. II they contemplate going into .
full examination Of the different boundary
Hines OF the Panoche Grande rancho, OF look
ing No the records that have ccme down from
Gomez, prior TO tho conquest OF California
aud passing through the land commission
| court Of California, and the district and cir.
cult courts OF California, and tho Supreme
Cprrt they contemplate bringing into MI,
ctse Improper and Irrelevant matter whicl
your Honor cannot allow TO be brought into u
This Is simply case OF libel. We hay,
| sued this Newspaper for the reason that, IN thu
eteFeiae Of the liberty OF the pres, 1t hai
tran li,s me legitimate boundaries whiel
r,,ITs, fnr ~ ~, 4, ~ ~ !,
,,nI..at ~ 49, ~ n
~ ~ y, S.,t,.il wv u
sS,oisi 49, T., n.y., ~ ~. ~ .sssat
~ nStblnS c,se I'M, IS nj s,,Si,y THAT ',, A.
~ no'+ip'f - ~ ~. ;, ~, ht hat NC
~ 49,, p'', hJ oos ~. ~ ~. 90
~. I., ~ nv, anu hi Us ZIG t.le tnut
" "a ~ m tsle nau w
~, ~, ~ ~, -. ~
Vn.oot. Nj ,e.s, a.. s'ioiiiis
Originally IN The case understanding upon the,
records for months, every particle Of testI
Inony that could bc ndy1issibie nnder IN. src,
4 cial nlea l. admissible; that De Npeeial pies
4 ID no way onlaTges the scope Of the testimon,
4 Authorized by the orieinai general plsa. y
/ n submit, therefore. mat 1ime onri,t mot 4,
y. ~ a'onooi anu itrsn l sunlll as rcasor
plaIntin has an IMMORTAL nj ease peodIng h,for,
ihe Congress Of the United StateST Hadoa,
reports In his favor have boen made bv 'oon,
| mittees Of CongTesS Al ,iifTerent srssio,,. NM
al this session die case haS becn argued 5ihlins
| alpcriod of some two or three months bgfov,
| the JudirIarNT Committee al Inc IJnnsc u,
| Reprcscntatiyes, During ali thIs lime IN,
pres Of the country. or n portlon n n a. a.,
piaintiIf believe, stImnlhted nv nc aptacn '
nistic side, has boen Induced 10 rey5la I'M
defame ais character and 10 endeayor 10 In.
pair by false rnmors the manifest intaerity M
he S.s1ais .s,.; ~ soia ~ fe Schdvtk WI ~
...s nnless lhrYugh INC Judicial hand
W rechess Ireeoom OF inc pres Is restrained
~ r. very llnportant 70 u,e pialnuh that u
hipllu &c rettrhlhed. for " damnging not