The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-01

| ABOUT JURISDICTION-TIyID PICTURE
OF THE "WAR" BY THE JUDGE
LET Us HAVE PEACE"--ELLYSON'S
COUNSEL GIVE NOTICE OF INTEN.
TON TO DISOBEY THE INJUNCTION
THE SUPREME COURT TO BE APP
PFALED TO--sCENES IN COURT-SER.
VICE OF THE WRIT, &C., &C., &C.
The United States Circuit Court met yes
terday morning at 10 o'clock. The crowd
outside the bar was more dense than on
any day this week, with the difference that
the whites had a fair representation in the
corners. Everybody was on tiptoe of OK
pectation, and between the Chahoon and
Ellvson partisans there was good deal of
| good natured bantering. One of the for
mer announced that he had heard that
| Ellyson had en- iron-clad in the
waters of Bacon's Quarter branch and
two more in Shockoc creek, with CO.
lumbiads bearing on the OLD Market Hall.
| An Ellyson man replied that that ought not
| to be much to the speaker ian officeholder)
| who had shown great ease in taking all the
iron-cladS :; Of the United States. There
was good deal of such haffing until the
Judge entered the room. when all faces be-
came more serious.
The JUDGE announced that he was ready
to proceed with the case of Chahoon and
Ellyson, and would hear additional affi-
davits if counsel had any to present.
AFrIDArITs.
Mr.. NELSON read an affidavit Of Chief
Engineer Charters, of the Fire Department,
| who recognized Mayor Ellyson and the new
| Council as the city authorities, and stated
| also that f. NJ. Mullen, the chief engineer
whom he succeeded, recognized him Char
| tcr,) as the legal chief engineer, and sur
rendered his authority to him. Mr.. NEE
son read the af!idayits Of John O. Sprag-
gin and Robert 4. Craddock, showing that
Chahoon had armed with guns about thirty
blacks in the Old Market Hall about g
o'clock on the morning that Mr.. Ellyson
demanded the hooks and papers of the
Mayors Office from him; also, an aft
davjt from II. X. Ellyson stating that
before he demanded the books and
papers of the office from Chahoon,
he (Chahoon) had armed a band of
negroes in the Old Market Hall: that he
(Ellyson) was recognized by majority Of
the old police, by the public officers of the
city, and by the Fire Department, az Mayor;
| that he (Ellyson) is now acting as Mayor,
with police all over the streets, and no other
police acting therein; and that he is adj
mastering the laws in, and affairs Of, the
city of Richmond. Another from 4. G.
Howard, clerk of the old Council, affirming
that said old Council have never, since being
lnl ott fo1 70 10 q
of councilmen. Another from James NJ
Tyler to the effect that Chahoon's force al
the Second Station-Ilouse had surrendered
to peaceful summons sent by H. K. Ely
son as Mayor and further, that said Tyler
going to deliver u summons from Ellyson tt
Chahoon, saw negroes armed and drilling il
Old Market Hall. Another from Johr
| Ogleby, at the time under arrest in lower sta
| tion-house, who stated that he saw one A. J
Terry handing muskets to negroes and say
ing I" Now, boys, here they are; use them
be sure Of your man before you fire
and then use the bayonet.''
The JUDGE asked if the other side ha(
any aiiilavits.
Governor WELLS: No, your Honor; w
think those atfidavits Of the defence cstab
lish our case.
THE COURTS DECISION.
Judge UNDERWOOD then proceeded in
clear voice to read the following "yiews
on TIE motion of injunction:
United states Circuit Cowt-In Equttv
George CAahoon rs. Henry Il. Ewol
and others.
The prayer to the court on this motion O.
the complainant is for an injunction Il
restrain the defendants from disturbing
the complainant in the discharge of hi
duty as Mayor of the city of Richmond, al
office derived, as averred in the bill, from
United States military appointment, ant
confirmed by both military orders and tn
Constitution of the State of Virginia
which has been sanctioned by law of tn
United States.
The deep interest in this case felt by tn
people of this city and State, and mani
tested by the crowds that have filed tn
court house during the past ten days tn
breathless silence which has attended tn
discussion of the issues presented; tn
blood that was shed when the attempt wa
made to settle the question by violence
the passions thus excited and still raging
| I'LL ItIulnu uS vi tuc uuty uoW uefOl'iuS upOl
the court of declaring the law without fea
or favor of men; but in the fear and reve
renee of the God of Peace and Concord. !
case more lamentable in its origin and con
sequences thus far was never presented t
my consideration. The good order of so
ciety should certainly never be disturbe,
by resort to brute force and the stroni
hand, when the object, however lawful ant
proper, can be accomplished by appealin!
to the judicial tribunals of the country
relying upon that law whose "seat is tn
bosom Of God, and whose voice is the har
monv of the world" We have to lamen
that riot has held carnival around us, sucl
as has never before disgraced the annals O.
this city or State.
Two of the victims have already taker
their causes up to the court of the Omni
cient Judge, whose whitening glance is nov
upon the guilty authors, whoever they may
be, responsible for this sad havoc, SO timely
stopped in its inception by the great aud
good General placed here by o benefcent
Government TO restrain the madness O,
] partisan feeling and ambition when thsy