The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-08
LATEST FROM WASHINGTON
Special kilograms 80 the Dispatch.
WASHINGTON, b. c., April I: 1870.
THE RICHMOND NEAX0IsALTY.

Hon. James Nees0n and Judge John \.
Meredith, counsel Tor Mayor Ellyson, MEN,
bcrs Of the Richmond Council, and others,
and Hon. Henry 4. Wise and Ex-Governor
Wells, counsel for Mr.. Chahoou, arrived
here-the former last night and the latter
this morning-to argue tile motion of Mr..
Ellvs0n and others before Chief Justice
Chase to dissolve the injunction awarded
by Judge Underwood.
| Chief Justice Chase signifcd his rcadi-
ness 70 hear the motion at the adjourning
hour 6 o'clock) Of the Supreme Court,
and at that hour the parties assembled i'll
the Supreme Courtroom.
Chief Justice Chase inquired of Cover
nor Wells if lie had any suggestion to
make in reference to the hearing.
Governor Wells said he had inquired in
Richmond Of the clerk, but found no mo-
ton filed but he had received notice on
the 18th instant.
Chief Justice Chase inquired: What is
the case!
Governor Wells stated the nature of the
motion, and proceeded to give his version
of the history of the case, adding that not
outstanding the injunction, Ellyson con-
tinued to perform the official duties OF
Mayor. Chahoon applied for a writ OF as
s, stuncc, ard the marshal was elected by
force. They petitioned for an attachment.
Acts Of resistance were continued, and the
motion was fixed for hearing next Satur-
day. He claimed that Ellyson must purge
himself of contempt before he could have q
standing in court on the merits Of the case.
He claimed, further, that the motion to dis
solve Injunction cannot be heard outside of
the district in which the court had iurisdc-
ton. He had 10 disposition to delay pro-
ceedings. Richmond was blessed or ulsed,
as the case may be, with two mayors and
two sets of police. All is pcaceablc, and
quiet rcigns.
Mr.. Meredith said he thought there
could be no just complaint of want of no.
tee. \ copy had been furnished contain
ing full statements of the grounds upon
Which the motion could be submitted to-
day. There had been no contempt except
in u purely technical sense. Ellyson and
others had been surprised by the award of
injunction. They had applied for permits
sion to appeal, and Judge Underwood had
heard arguments upon all the questions
that could be conceived of in the case,
and yet would not permit an appeal
to be taken. They then stated that they
would decide to obey the order Of the court
not disrespectfully nor contumaciously, but
in order that IN arrest might take place,
and thus enable them to sue out writ OF
hnbeuS corpus. This was decided upon.
This refusal to obey was by but one of
thirty-one defendants, and that one is the
only party, even technically, in contempt.
The motion being also on behalf of these
thirty-one there is no reason why they
should be postponed in this motion to dis
Snlye.
chief Justice Chase asked: Would you
be satisfied with an order dissolving as to
the thvty names?
Judg, Meredith said he would not, and
held that Tue judgment OF Underwood is
nullity, anG therefore there could be no
contempt. Ii lhe court decides that MIR
Ellyson is in centempt, then the motion
could proceed as % the remaining thirty.
1t ives only last n:eht that they had re.
ceived notice that rcion would be heard
next Saturday at Alex Aria, before Judge
Underwood, for an attac,inent for MIR. Eli
tyson. The motion for dissolution of in
junction was first in order. Tue gentlemen
on the other side assume that we are III
contempt. We deny it, and maintain that
if ut all in conteh- pit we arc mercy techni-
cally 30.
/ Chief Justice Chase inquired if there
were any aliiduvits.
/ Governor Wells replied there were ser
eral.
, The Chief Justice inquired: suppos