The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-07
THE MAYORALTY,
NOTICE OF MOTION FOR ATTACHMENT.

noon, ielt taSt nlgnt, LOT washington, 10
| argue the motion for dissolution of Judge
Underwool's injunction before Chief JUS
| tice Chase. The hearing will take place
this afternoon at 6 o'clock at the residence
| of Judge Chase.
Since 1t became known to our citizens
that our municipal troubles had been
placed in the hands Of the Chief Justice
for settlement. universal satisfaction has
been felt and expressed, and all declare
their willingness to render ready obedience
to his decision. They know that this learn
ed and impartial judge will conscientiously
adjudge the questions submitted to him ac-
cording to the law and facts of the case.
Yesterday Chahoon's counsel commenced
| proce edings to do what Ellyson's counsel
asked them to do in the presence of Judge
| Underwood on the day he issued his in
junction, when they notified the Judge that
| Ellyson would treat the injunction with
contempt with the purpose Of being arrest
ed and imprisoned for the contempt, that
the case might he taken before the Chief
Justice on writ of huJedS corpus. Cha
hoon's counsel yesterday fled the following
motion in the circuit court of the United
States:
II George Chahoon, complainant, Us. Henry
h. ENyson ct ais, defendants:
"The said complainant, by his solicitors,
moves the court here that on attach
ment as for contempt be issued against the
above-named defendant, Henry h. Ellyson,
for violating the injunction issued in this
cause, which motion will be founded upon
me petition herewith filed by the complain
ant and the afhdarits thereto attached.
"H. H. WELLS,
"HESRY \. WISE,
Solicitors and counsel for complainant.
"Apri' 6, 1870"
Although Ellyson has been IN open and
acknowledged contempt ever since the 3lst
Of March, Chahoon and his advisers took no
steps for his arrest, hoping thereby to pre-
vent the case from going before Judge Chase
in the prompt and certain manner in which
it was sought to be taken by the counsel of
Ellyson. But when they found that the
| case WAS to be heard by the Chief Justice
to-day in spite of them, they served the
following notice on Ellyson yesterday after
| noon:
GEORGE CHAHooN, COMPLAINANT, VS.. Hen
RY X. ELLYSON, ET AL, DEFENDANTS.
$50 the 0b0rc-named defendant, Henry &.
EWysOn:
Sir,-You will please take notice that
a motion will he brought on for hearing be-
fore his Honor john {. Underwood, ut his
chambers, in Alexandria, on Saturday,
April 8, at II o'clock 4. NJ, or as soon
thereafter as counsel can be heard, for an
attachment against you for contempt in
disregarding the writ OF injunction issued
! in this cause OH the 3lst Of March, 1870,
By the said Circuit Court of the United
States, which motion will be founded upon
the petition already OH file, as well as upon
the afiidavts thereto attached.
GEORGE CHAnooN, complainant.
"N. II. Wells and Henry 4. Wise, of
counsel"
The petition of Chahoon, on which he
founds his motion for attachment, recites,
among other things, that "the said Henry
X. Ellyson, well knowing the premises, but
wholly disregardins the said injunction,
did, on the lst day of April aud on each
and every day thereafter, in violation and
contempt Of said injunction, and against
the peace, dignity, and authority of this
court and of the United States of America,
continue to interfere with your petitioner
in the discharge Of his duties as Mayor,
and did Illegally continue to act and as
sumeto be Mayor, and to hold the said
office; and did, i'll fact, exercise, control, and
perform, acts az such pretended Mayor, both
in relation to the property and the police
in the city of Richmond, and holding
Mayors court, and taking jurisdiction OF
Cases therein; that he did and does now
hold actual possession of the City Hall, and
nd ltil Il al, IN al 1nt not IL
toner to enter or have control of the said
City Hall, holding the same with an armed
force Of from fifty to seventy-five men,"
[Thc petition then recites the writ OF as
s;stlnce aerved on the 4th of April.]
Wherefore he prays that the said Henry
X. Ellyson may lie held to answer for said
contempt, and that an attachment may be
! issued against the above-namcd defendant
for violating the injunction so issued in this
cause, and for such other reasons as may
be proper for the court to grant, and that
justice may be done in the premises"
With this petition are filed the atlidavits
of George r. Egbert that Ellyson would not
surrender the City Hall Of Chahoon, con-
| frming Egbcrt's statement; Of Andrew
| Washburn, that since the lst Of April the
City Hall has been held by large number
of armed policemen, claiming to be acting
under authority of Ellyson; of d.. Flynn,
that he has seen ,Ellyson acting as Mayor,
and assuming to try persons charged with
offences, having clerk and police oscers
in attendance of Robert Boiling, deputy
marshal, reciting the service of the writ of
assistance of William Leahy, confirming
Bolling's statement; of Wm. Thomas Starke,
that Ellyson still holds the City Hall; Of
c. S. Mills, that as jailor of the city of
Richmond he has received persons charged
with crimes from II. b. Ellyson that since
the issuing Of the writ of injunction the
City Hall has been occupied by one hun
dred armed men, who have made their
headquarters in the hustings court room
and of E. IL. Gregory, that since the writ
of injunction Ellyson has held his court,
and that hundred armed men have held
possession Of the aforesaid City Hall.
II Judge Chase sustains the motion to
dissolve the injunction, Of course the fore
going proceedings will all fail, and the
matter be finally settled, 50 far as the pend
ing suit is concerned.
MARSHALL WARD.-A full meeting of the
Executive Committee of the Conservative
Club of Marshall Ward was held on Tues