Daily national Republican. (Washington City [D.C.]) 1870-1872, 1870-06-18

" NJ. MStiingly, dor plalntH) We arc
Nj. 4, Wilson dor dcfendant) said that the
raso was not In position to be tried. There
were several motions preliminary TO The triai
which remain undecided by the court, and
tbc decision Of which was needed to cnable
Inc defendant 10 prepare his defence and to
know what witnesses he ought 10 summon.
There was a motion for leave 10 file certain
pleas, [of Justification, which motion was
made December last, and which Judge Cartier
held vet under consideration. Then an ap-
pending the preparation OF the
suit, for leaye To examine Mc0arrahan on
oath had been granted. MctlArrahan had re-
fused to testify, and an attachment had been |
Issued against him, and Judge Cartier still |
held under adylsement the question whether |
he should be compelled 10 answer. Then q |
large mass Of deposltlons which, under Judge |
Carriers rulings, were admissible would be |
ruled out under the decision made by Judge
Oln ehort time since. Beside this, Mr.. WILSON
added that he himself was unwel and could
not do justice TO hl4 client at this time. These
facts, he thought furnished abundant causes
that the case should be, II not continued, AT
least postponed for short time. vl
Judge DIN stated that "a he Understood II
the counsel for the defendant wanted, In the
nrst place, 10 examine McGaTTahan a. wilt
nesa, and then wanted 10 shape their defence
by what they got out Of him. They should
privilege Of examining Mr.. McGarrahan, and
then he would allow them 10 file any pleas
they thought proper. He would give the dc
fcndant the full benefit Of an examination OF
McGarrahan, and then permit him to defend
himself from the charges made against him
by such pleas "a he might choose to place on
record. He inquired II that was not fair.
Mr.. Wilson replied that Il was, 90 far M the
plcadinga were concerned, but that course
would give the defence no opportunity 70 OBJ
tain Its witnesses. r.fI
Counsel said there yet remained another
objection to proceeding at this time; Certain
dispositions Of parties residing In California
had been taken under what had been the prac-
ticc OF the court heretofore under the Judiciary
| act and u1der q recent ruling Of the court
| (Justlce Olln) ID was doubtful whether they
would be admitted. These dispositions were
| any doubt as 20 their sdimiasibInty the defend
ant desired having q new commission Issue
and the dispositions taken over again,
Justice DIN said he might be all wrong In
his view Of that but ~ that was question OF
law, the defendant had his remedy u he
erred.
Counsel. But they were taken by surprise.
| Until the recent decision OF the Court,
they thought the dispositions were all regular.
Judge DIN said that when q Court made q
foolish decision 1t always took parties by sur
prise.
| NOunscis IL may DN NCty Wise uNNbhHi
but II takes us by surprise.
Chief Justice Cartier at the last term and
| previously, held that the manner In which tlIesC
dispositions wero taken was regular aud
proper.
Judge Olin remarked that he was awnrt
that Chief Justice Cartier thought this th'
| Supreme Court Of the DISTRICT was about tn,
largest court In the United States hath hat
Jurisdiction all over the United States; AMI
perhaps he was right about II, but II was moi
quite his opinion.
The Counsel said the Court might be cor
rect In the view he took Of II, but admitting
him IN be right that he must see the injustice
which would result to the defendant frOu
such ruling after the dispositions had beer
taken under n contrary ruling by anothe
Justice holding thcsame court.
Justice Olln observed that II the Chief Jus
tioe was right the defendant would have tn
benefit of that after Il had been 80 determines
by the appellate tribunal.
Counsel wanted the benefit OF tho fact
contained In those dispositions on the preaen
trial.
Justice Olin. We will 20 on with the trial
Mr.. Wilson stated that the counsel for tn
defendant supposed this motion for an attach
ment to compel McGarnhan to testify befor
the Commissioner was still pending befOr
Judge Cartier, and desiring and expecting Il
have the benefit OF McGarrahan's knOwledg
Of certain facts, they had rs yet not com
pleted the preparation Of their case. Their
was motion pending, also, for leave to ill
Judge DIN said he had lutimaied they nigh
20 on and examine McJiarrahan, find out III
they could from him, and then have ~
privilege Of amending their pleading In an,
manner they saw proper. The rule gave IN
party the right TO amend although then
might DO nothing to amend. He though
there ought to he something. However, the
might amend, although there was nothing Il
amend by. Go on with the case.
Mr.. Wilson. Your honor will sec Il Is al
terly impossible for US to prepare for tria
while q motion Ia pending for leave to III
Judge olin thought the difficulty was thu
they wanted TO examine the plaintiff, an
had not been granted the privilege. He nov
gave them the opportunity. II McGarraha
was not present; II he had run out of the Dis
trict and they could not examine him, an
therefore they could not prove the facts the
wanted, as the foundation on which TO amen
their pleadlngs he would treat the matte
very differently. They had now the oppoI
E tunlty 10 examine him, and he had said afte
, amend In my way they wanted. Was thor
any difficulty about thap
| Mr.. Wilson. Yes, sir; q very serious one
Getting the pleadings In shape was one thing
, and then getting together the evidence
support the pleas was quite \ different thin
, | rum wv nShoh VI yuubN ~ :" uNiali
decision Of their motion, they had been left ]
condition which prevented them entirol
= from anticipating what would be required {
them and their Witnesses therefore, witness,
necessary 10 support the plea, In case ii
Court should grant them leave 10 file then
were not present, and II might bo that the
would not be able TO get them In attendant
in time for the trial OF the cause.
Judge Olln. Why didn't you summon theI
. and have them here7
Mr.. WihsOn- Simply because the issues wei
: not made up, and they did not and cOul
, not know what would be the Issues In II
, case.
Judge DIN. In other words, you did nc
i make up an Issue?
. Mr.. Wilson. And why7 Simply beeaus
the Court (Chief Justice CARTIER held In II
own bosom the decision IL was going 10 max
upon an Application TO examine the plaintiff
Judge Olln. Suppose you are permitted
amend your pleadings In every way yo
choosel
Mr.. Wilson. That does not bring our vii
ncsses here.
Judge Olln Rald he didn't think II was wort
| ulGS NlnsaV all