The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-07
THEIR REPORT TO TEE HERALD.
ALLEGED ORDER OF ASSASSINATION
A Lieutenant of Baxter's Forces
LiberateS Them.
CHEERED AT THE CAPITAL.
Converting Of the Supreme Court and Hearing
Of Counsel for Brooks.

LITTLE ROCK, May 8, 1874.
The Judges Bennett and Searle who were cap.
tured on Sunday night last at Argenta. have both
escaped and are now safe In the State House.
From the statement OF Lieutenant SomerhilI, of
Baxter's forces and others, CLEAN the IoIlo wing
lacts:-
sOMERHILLS STORY.
Captain Williams and Lieutenant Somerhu were
In command OF the capturing party. They took
their prisoners across the river to the city and
stopped on Cumberland street, inside OF Baxter's
lines. Thence they were conducted to st. Johns
College, where they passed the night Of the Sd.
All this was done under orders from General
Blocher. Early next morning the Judges were re-
moved to an old field beyond the college, and the
captors there waited for further orders.
Blocher's AdJutant General, watkins, soon
rode up and took charge OF the party, which
consisted then OF the Judges watkins, Williams,
Somerhill and six men. They then moved on to
Creese Place, fourteen miles from town, where
orders were received to hurry on. About four
miles from there they met General Crawford, who
A0u SWSAy ucu Will uIu duu WIN buTueu over
the whole command to Somerhill.
THE ALLEGED PLOT OF ASSASSINATION.
They rode on to Benton the county seat Of
Saline county, where they arrived at two O'Clock
on the morning OF the 5th. Bennett and searle,
with their guards, we're CHARTERED at the hotel
and were well treated. Parties who came in from
Little Rock told Somerhin that orders were
made out and on the way for them to
make away with the Judges. In Arkansas
this term means assassination. somerhiu made
up his mind that 1t should not be done. He told
Bennett about 1t, and stated that he was not going
to allow any such thing. and II they would trust
him he would save them, and II 1t cost him his
life he would take them to Little Rock.
THE ESCAPE.
He gave Bennett and Searle pistols, and the three
managed to slip away, this being an easy matter,
as SomerhiTl was in command Of the party. Thomp-
| son, Sheriff Of the county, accompanied them out
OF tie town for four miles on the road to Little
| Rock.
| Meantime as relegraphed last night, Benefits
| son received q note at one O'Clock last evening
from his father, dated at Benton.
A MIDNIGHT RENcoNTRE.
Colonel Rose. at eleven O'Clock, sent out q squad
OF fifteen mounted infantry In command OF Lieu.
tenant Morrison after the Judges to release them.
| About twelve miles from town they met the
Judges and Somerhil coming in. They halted
them, it being dark, and held parley, asking who
nann
thought they were Baxter's men, and. sliding from
his horse, took to the woods. Searle and Somer.
hill called after him, but got no answer.
SEARCH FOR BENNETT.
The whole party tried to ind him, but were CON-
PEELED to give 1t up and came to town. Searle
looked tired and worn out. The Bakeries had
the roads picketed, and were out all the morning
looking for Bennett.
MEETING OF THE SUPREME COURT.
The Supreme Court met at eleven A. M, Chief
Justice Mcclure, Judges Searle and Stephenson on
the bench. quorum being present. the suit Of
Brooks Va. Pages. state Treasurer, came up.
ARRIVAL OF JUDGE BENNETT.
While the proceedings were in progress the
regulars. who had been out all the morning look
ing for Bennett and to prevent his recaprure,
came upon him eight miles from town, mounted
lin on q horse and brought him to the State
House, where he arrived at about two O'Clock and
was received with hearty cheers.
THE ATTORNEY GENERALS ACTION.
The Attorney General for the State, upon the
opening OF the Court, nled his brlef stating that
he did SO the authority OF the decisions IN the
cases OF the state against Baxter in quo oavanto.
and Wheeler against Berry, decided by the su-
preme Court. General Garltt, of counsel for
BROOKS, spoke as folows:-
ADDRESS OF BROOKS COUNSEL.
We apply for a mandamus on petition. There
is an armed instruction against the laws of the
State. Brooks. as Governor, has called out the
militia to suppress the same, and has drawn his
warrant as provided by statute, for $1,000. The
Auditor has issued his warrant on the Treasurer
and that ofricial has refused to issue thereon.
JoHNsoNIzATIoN.
The defendant sets up that Joseph Brooks is not
Governor; thar Baxter was returned G Governor,
and was so declared by the presiding ofcer OF the
Senate: In fact, Is Governor. We admit that Bax-
ter was returned by the proper oficer az Governor
and was declared Governor by the said ON Ger;
but we deny his election ana allege that
Brooks was elected. The returns were
fraudulentiy doctored mp and Johnsonized
by J. NJ. johnson, then Secretary OF State The
Circuit Court had adjudged that Brooks mad been
elected and was entitled to the ONCE, and that
Baxter should be 0usted therefrom. After this
Brooks took the oath Of once ana seized posses
sion, and is now In possession OF the ONCE and the
great seal He has performed the duties Of Gov
ernor.
ANSWER TO THE DEMURRER.
TO this reply the defendant demurs, but under
the constitution the Circuit Court has the original
jurisdiction OF all civil cases. ana therefore had the
right to hear and determine cases upon quo war
ranto In elections. The constitution Of 1868 afirms
the above. The code OF practice passed since then
provides that In lieu OF quo warranto either the
State or the party aeGrieved may bring suit to put
O usurper out and place riQhtful person in charge