New-York tribune., 1874-05-05
THE ARKANSAS STRIFE.
ARREST OF TWO SUPREME COURT JUDGES BY ORDER
OF BAxTER-sERIoUs TROUBLE APPREnENDED.
ST. LOUIS, MAY A special dispatch to

ARREST OF TWO SUPREME COURT JUDGES BY ORDER
OF BAXTER-sERIoUS TROUBLE APPREHENDED.
ST. LOUIS, May A special dispatch to
The Democrat from Little Rock, says
Judges searle S and Bennett OF the Supreme Court
were arrested last night their arrival by the Memphis
train at Augusta opposite Little Rock, by Capt VIII
ams. acting under orders Of Gov Baxter The Judges
refused to be arrested without proper authority, where
upon Capt. Williams made q signal and band OF
armed men entered the car with cooked re-
yolvers, and Seares and Bennett were forcby taken
from the train aud up to the time the dispatch was
written had not been heard OF in Little Rock. The
Judge Stephenson also OF the Supreme Court, on
the train but u seems his presence not known else
9 ~ ss9 nd sSs 9S
the release Of the Judges
CmEFJUsTIcE MCLURE INFORMS THE ATTORNEY
GENERAL OF TILE ARREST OF BENNETT AND
sEARLE.
WASHINGTON, May 4.-The following has
been received here:
KENsETT, Ark, May s, 1874
To ne Attorney General: John Il. Bennett and Scarf of
the Supreme Court arrested Baxter forces last
night They came to the city of Little Rock to attend
rested and their whereabouts are unknown. At the
time Of making the arrest the officers stated that IL
the Supreme Court might take some action that would
be ininisal to his claim to the Executive office:
JOHN MCCLURE, ChieiJustice.
TWO APPEALS FOR FEDERAL AID-FEAR THAT THE
ARRESTED JUDGES WILL BE AssAssINATED-BAx-
ARRESTS.
WASHINGTON, May 4.-The following tele-
grams were received here this afternoon:
LITTLE ROCK MayA
To the Secretary OF War through Powell Clayton,
Ihave asked the commander OF tho United States
roopsherc for aid to writs OF habeas corpus for
eenta last night by Capt williams commanding a
pany from Hampstead County OF the Baxter militia
baxter, stating that it was to prevent the meeting
Of the supIeme Court to-day, which Is the adjourned
term. / fear IL the writs not served at once the
Judges will be assassinated am powerless without
the Cooperation of the United States forces here See
the Secretary Of War at once Have now waited twelve
hours for the reply of Col Rose my application made
in writing w. 8. OLIVER, Sheriff Pulaski County.
To U. s. GRANT, President Washington:
Last evening Judges Bennett and searle OF the su-
the city to attend regular sitting OF the Court
The officer making the arrest when interrogated by
rested, replied "by the authority OF Gov Baxter"
reason TO fear that the Supreme Court. If allowed
meet might possibly pass on some question that might
General Of the United States aud that the Court should
until the question who Is Governor, should be
ask the commanding officer to demand a surrender to
caused much excitement and indignation.
JOSEPH BROOKS, Governor OF Arkansas
Judge Rose, special delegate from Baxter, who had
been Washington for about week, acting in conjunc
ton with Congressman Wiltshire and Messrs Pike and
Johnson counsel and Representatives for Baxter left
Washington tonight for st. Louis, and will thence 20 to
Arkansas. having submitted the Baxter sde OF the
to the President and Attorney General
Judge Rose to-day received q telegram from Little
Rock stating that Baxter had nothing to do with the
Of the Judge in Argenta and dsavows all respop
sibity for 10.
RECENT FIGHT NEAR NEW GAsCoNx-A LIST OF THE
WOUNDED.
ed in the late fight New Gascony Major Corcoran
soninaw OF the Hon. James Beck OF Kentucky, in the
face and John Williams, son Of woughDy Williams
OF Nashville severely IN the Leg John Reeves shot In the
face with bird snot; Club eamples thumb shot of; VIM
Coirall, slightly IN the head Tim and VIM. Levy,
slightly. and L. Rosenberg, fesh-wound. These were
all planters, living the scene Of the engagement
On Brooks's side Capts Van Desaud and Murphy were
wounded and captured together with co OF their men.
-Four negroes killed and 70 wounded. The dead
were left on the eld and buried by the citizens next
day.
STATEMENT FROM EX-SENATOR RICE.
70 he Editor Of The Tribune.
SIR: notice an editorial in The TBIBUN
OF to-day headed Arkansas" which contains, as
think, several incorrect statements These corrected
would, think, change the conclusion arrived at
There has been fray in Jefferson Co. King White aud
his men under Baxter fred upon some unarmed coorod
and wounded 90 On Brooks petition TO the Legislature
no vote the law required taken, as to whether MS
prayers should be granted not but votew as taken
,ectng petition without reading as the ourna Vi
House shows. Such vote not authorized oy ia"
Hence the Legislature received or passed Oh
prookss petition; the was never oeior tnat 'ri'
hunal Brooks never applied to the Supreme Court TO
te petition for quo warranto, as that article set
18th nor has he ever sought relief In that court
- q, any way. The article states that the Supreme
Corrt m q unanimous decision prohibited the Circuit
Cor, from proceeding in smt to control the Office Of
ditora similar suit to that Of Brooks agt Baxter
T,o decision In that case was not unanimous. Two
Indoes dssented and the ChIefJusuce pro
,os,ed but agreed with two Of The
Iuaoes 10 let the writ go. The only
,r,bunal that has adjudicated the subject, IN
case where Banks party il the Circuit Court and
that Court has jurisdiction Of the case by the laws OF
,he state clearly and plainly expressed, which statute
has never been declared unconstitutional but mas
heen fully recognized by the Supreme Court as
Sood l27, Ark Reports, page I2l. judgment OF the
Circuit Court, by law Of Arkansas as ehponndcd DY the
snnreme Court is conclusive and binding until reversed
by The Supreme Court although IL may be III cohnlet
win decisions OF Supreme Court IN other cases, all
of which will be lald before lhe Attorney General
Warrington, May Q. Ie7A b l. neE'