The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-01-06
NOTES IND DETAIs By NAIL.
The Arguments for and Against Colonel
McMaster-Privtieges OF Counsel-The Q
Decision Of tho Court Reserved.
rFRox OUR owS CORRESPONDENT


COLUMBIA, s. c., January 4.
The effort to find in the person OF Colonel
F. McMaster vicarious sacrifice tor DR..
e. T. Avery, his client, who has put himself
beyond the Jurisdiction of the court, occupied
the entire time of the United States Circuit
Court to-day, but has not yet resulted IN de-
.cision. The deepest interest Is felt in these
proceedings against Colonel McMaster, on ac-
count of his known reputation as an able law
yer and an accomplished gentleman, and the
courtroom has been, during the past few
days, crowded with an audience comprising
many well.known members of the legal pro-
fesslon. Among the legal gentlemen in at
tendance to-day, in addition to F. w. Ficklin,
ESQ.,, and John Waties, Esq, who are directly
interested in the defence of Colonel McMas'
ter, were Judge Moses, Judge Melton, William
Sullivan, Esq, of Laurens, General S. Meow
an, of Abbeville, Colonel James S. Cothran,
president of the Blue Ridge Railroad Com
pany, Colonel j. D. Pope, and Messrs. W. K.
Bachman, L. E. LeConte, D. B. DeSaussure
and others of the Columbia bar.
At the opening Of The court, this morning,
the argument In support of the rule Of the
court was begun by Attorney-Gener Cham
berlaiD, who disclaimed having any acrlmony
for whom he said ne could nopbut entertain
the highett respect and esteem. He did not
copeider himself an advocate In the case, but
the duty had been laid upon him by the court,
and was also In direct connection with hlo du-
ties as an assistant IN the prosecution OF the
cases now before the court. He then proceed
ed with an argument Of some length, claiming
at the outset that Colonel McMaster had, by
declining to answer the questions propounded,
exposed liE;self to the inevitable inference
that he had known OF the intention or purpose
of DR.. Avery In absentlng himself. 1t seemed
to the counsel that the only defence that re-
NAMED wss the assumption that DR.. Avery's
Communication to Co.onel McMaster was q
privileged one In the exercise OF professional
duty toward his client. Upon this point Mr.
Chamberlain claimed that he had gone far be-
yond the privileges of attorney, In commune
eating with his client as to his abse9ing him
self from the control and jurisdiction OF the
court, and cited large number OF authorities
In support of this proposition. 4
Mr.. Corbin followed on the same Side, read
ing brief written argument, going over
about the same ground ase his colleague, after
which John Waties, Esq, closed the argument
IN favor of Colonel Mcaaster. Mr. Walies,
after abiding to the gravity OF the question
Important, not only 10 the counsel at the bar,
but to every citizen in the ecountry-said that
he intended to confne hlmselft) the law In
the case, and,to the sule which had been serv.
ed on the respondent and which was the bill
of Indictment in this case. He quoted largely
from Lord Eldon and others TO show that
where the seal of the law lad been once put
upon the lips Of counsel by tbs confidence OF
his client. the court was bound to respect That
SEAL and not at liberty even to permit the coun.
sel,to reveal his clients confidence. he argued
further that the hypothesis that DR.. Avery had
made some communication to Colonel McMas.
te,J upon which the whole argument for the
other side was based, was, alter all, simply q
supposition,, which was not even attempted to
be- proven by testimony; that even If such
Communication had passed, refusal to reveal
It could not be construed as an act Of con-
tempt, and that even If the respondent had
been guilty Of a contempt the'punishment pro
posed 10 be visited upon him was an extreme
and unprecedented one.
The court then, at three o'clock, adjourned
until tomorrow, when 1t is expected that the
decision upon Colonel McMaster's case will be
announced. PICKET.