The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-27

England, because it alIudes to Stephens. II
is dated Wagga-W agga, and Is addressed to
his "dear and beloved sister," In it he intro
duces his friend Mr.. Stephens, who Is him.
self, to his own sister to tell her all about
| himself, and he does go by the name Of Ste
phens, the person whom he met for the first
| time on board the Celia, and who had been
| sent over to report upon the Fenian move
| ment. Perhaps, gentlemen, you would now
| like to look at the letter.
The jury. here carefully inspected the let.
| ter, and discussed it among themselves.
The Attorney General: Before proceeding
further wish to correct mistake into
which it appears have fallen. I stated yes
terday that I understood Mr. Rose had re-
| tired from the firm of Baxter, Rose & Nor
ton, and I have received letter from Mr.
Rose stating that it is not the case, and trust
ing to nv candor to explain the circum-
stances. Mr.. Rose states that from the 22d
of January it had been found impossible to
concur in united instructions to counsel /;
that since then this case had been carried on
under new retainers from other individual
members of the firm, exclusive Of himself
and his son; and that from that date they
had been wholly disconnected from the case.
Therefore, when said Mr.. Rose had retired
from the firm ought to have said he had re-
tired from the case.
The Foreman: My Lord, is it out of place
for the jury, before Mrs. Jury leaves the
court (she was about to go) to put any ques-
ton to her regarding the letter produced by
the Acknowledgement?
The Lord Chief Justice: No, gentlemen;
she is not witness.
The Foreman: Can we make her onei
The Lord Chief Justice: No; she il not
sworn.
The Foreman: We ask that she shall be
sworn.
The Lord Chief Justice But on whose
side is she to be witnessi This difficulty
arises. If she is examined by the plaintiff,
then the defendants counsel can cross-ex-
anime her, which is very different thing
from examining her in chief. The defend
ants counsel can examine her if he pleases,
but considering the case he has opened, do
not think it very likely he would call her.
Mrs. Jury is merely called to produce certain
documents which she does not produce. l
do not know whether the plaintiffs counsel
have seen this letter; if not, it was right
they should see it.
Mr.. Jeune said he should like to see it.
Letter handed to him.
The jury seemed rather dissatisfied at their
inability to examine Mrs. Jury respecting the
letter.
Subsequently Mr.. Sergeant Ballantine and
Mr.. Gifard, who had not been present during
this scene, came into court. Mr.. Baxter, Of
the firm of Baxter, Rose, Norton & Co., was
also present. On the learned judge taking
bis seat, Mr.. Sergeant Ballantine rose, and,
apparently struggling with feelings which
embarrassed the utterance of his first sem
fences, recalled the attention of the court to
what had been said by the Attorney General
in the morning. Having referred to the let
ter of Mr.. Rose, which had been read in the
earlier part of the day, and indicated the I'm
usual occurrence of having to speak in any
way apologetically Of a gentleman of Mr.. Bax-
ter's position, he emphatically stated that in
every step in the progress of the case he and
the other counsel with him had the cordial
support and cooperation of their adviser.
With the letter signed Arthur Orion read in
the morning he had been for some time per-
fectly acquainted. Gradually recovering his
customary clearness of voice, he, in taunting
the Attorney-Gene with having boosted
before the court and jury that he was at the
head of his profession, with biting incisive-
ness reminded those who were listening to
him that that after all was only the accident
of political circumstances. In any case, the
right honorable gentleman's position did not
give him the right to impugn the principles
of other gentlemen who were as honorable as
himself. Before there was time for the eX-
preston of any opinion by the audience,
Mr.. Gihard rose to say that he agreed with
the Acknowledgement in the abstract propo-
sition that those who endcavorcd to prose-
cute fraud became accemplices in the crime,
but when that proposition was made nppli-
cable to that particular case he Indignantly
rspudiated it. He would not then charac-
terize the Accomplishments insinuation.
The court, however, would know what he
would cali it if he did so. The Chief JUS
tice, interposing, explained that if counsel
were not in court he could not interrupt
others in making observations about them
merely because they were strong. He would
do his best to correct any misrepresentation.
The Acknowledgement said he was prepared
to repeat every word, every syllable, he had
uttered. He asked the court and jury to re-
collect that he had made his observations in
the morning Oh the Orion letter Oh the as
sumption explained by the Chief Justice
that the other side did not know of its exist
ence, and he thought itwould be more fitting
if his learned friends had made themselves
more intimately acquainted with what he
had really stated before they came into court
to trumpet their own position and their own
honor. Amidst the buzz which ensues upon
such scenes, the Attorney resumed
his address on the Melipilla case.