The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-03

!, DECEMBER 8, 1875.
Imbodeu Of lighting in the street he would
di miss. s3,s &. 3, s4ssi
LEGAL CULPEITs.
81 The eases of Messrs. Wise aud Royal were
now taken into consideration By the Police
Justice. The Police Justice asked Mr. Cabeii
III he still insisted that the two should be
bound orer.a &,
Mr.. Cabell stated that during the day be
had had conversations with Mr. Royalt, aud
that he feared difficulty. That evening he
had asked Mr.. Royal II he was armed, and
ME. Royaii had inquired II the question was
asked by him (Cabell) as friend or as an
officer, and Mr.. Csbeii said as aa officer OF
the iaw.es .,...,........,r,,s ....,.,is
Mr. Royal declared that he thought Mr..
Cabeil ought not to have repeated that con.
versatfon, and he assured the Police Justice
1t was not necessary 10 put hirn u.der bonds,
:Mr. Wise said If Mr. Hoy all was to be put
under bonds he would become bis bonds
man, 81 s ~. 4 s..s.s5e,:. s5 lli
Here the matter ended BY general consent.
: GENERAL NB orEN's CASE, AGAIN.
The Police Justice, having dismissed the
case against General Imboden for fighting in
street, iDqHired Of the Commonweaith's at.
torney il be knew OF anything to prevent
Mr.. Catell said that he only knew that
General johnson had proclaimed in this
courtroom that he bad cowhided General
Imbodep, and he would not be surprised if
a gentleman were to resent such an Insult.
H. hat Inn
sdisproYed the cewbiding and demon
strated chat there was an attempt TO akE
General Imhoden's life; that it was assassi-
nation under the filmsy pretext of cowhid.
ing: and that Imboden was rindicated as an
honorable and gallant mao, while johnson
was gibbetted in public opinion, and that
there was where pfnety.nine out Of one hum
dred gentlemen would leave him. Referring
to General Johnson's boast" that he had
cowhiied Imboden well, and that the fine
of twenty dollars imposed by Justice Crew
on him was cheap, Mr.. Wise said he hoped
no good man in that room would ever have
so light fine and so heavy a condemnation.
90 THAT FINE.
Police.Justiee White declared that IL be
had been on the bench when remark like
that attributed to General johnson was
made he would have fiRed the offender for
contempt.
But, perhaps, II he had been presiding
then he would not have bound either party
over.
AS It was, not 10 bind General Imboden
over to keep the peace would be to give him
an advantage over General johnson.
MIR. Wise, on General Imboden's behalf,
declined to give bail.
Police Justice Mr.. Clerk, prepare init.
linus ITO commit General Imboden to the
custody Of the j,ilorl.
SHOULD GENERAL IMBoDEN GO TO JAIL?
Some question was now raised as to the
right of the Police Justice to commit per-
son TO jail without the affidavit Of some one
that he feared q breach Of the peace.
The Police Justice asked Mr.. Cabell what
be would swear.
Mr.. Cabell Il will swear that heard Ger
eral johnson proclaim In crowded court.
room that he bad coWhided General limbo
den; that be had cowhided him well that
he was glad Of 1t, and that he got of cheap.
/ believe that enough to make any gentle
m,n break the peace. More refuse to say.
To Mr.. Wise's questions: can only judge
of General Imboden and what be will do by
other gentlemen.
Police Justice: Do you make oath that
YOU have reason to believe that General I'm.
bodeu will commita breach Of the peace?
Mr.. Cabell: ALL l have to say Is that words
have been used sufficient to make General
Imboden, or any man In his place, resent
them. 8t i.. ~He&
y soMETHINa SPECIFIC WANTED. (
Mr.. Wise insisted that it was necessary fo'
the complainant to swear that he apprehend
ed breach of the peace; that 1t would no,
do to state general propositions; there mus
be something specific and definite. Further
he held that as General johnson was rlcf
man, or reputed to be, 1t was no hardship
for him to furnish one thousand dollars Sc
curity, whereas General lmboden was poo
man, and it might be could not easily give 1t
Thus The Police Justice, instead OF putting
Johnson and Imboden on an'equality, placed
Imboden at great disadvantage.
POWERS OF A CoNsERvAToR.
The Police Justice said he had very large
powers as conservator of the peace under
the common law, and they were not re
stricted by the statute. He quoted from
Mayo's Guide to sustain this view. He die
apprehend that General Imbeden, being
gentleman and a man Of prominence IN the
States will not lie still under the insult given
AS friend of General Imboden's and as ar
officer of the law it was his duty to require
bonds of General Imboden to keep the peace
Mr.. CabeIl made oath In the words quoted
above. and the Police Justice issued war
rant in the common form:
Where's E. Darlington Cabell has tnls
day made complaint and information on OATH
| before Joseph j. White, P. j., Of the city
Richmond, that he has reason to appreheno
and does apprehend that John D.. lmboder
will commit breach of the peace, these are
therefore. in the name Of the Commonwealth
of Virginia, to command you forthwith ae
apprehend and bring before me or soms
other justice of the peace, &c. ~
The warrant was served by Sergeap
Chalkley, and General Imboden denied tns
| legal right OF the Police Justice so TO require
him to give security TO keep the peace, ane
declined to furnish surety. y
The matter was finally arranged ID thi
| war: The case was marked continued untl
saturday General Imboden gave bail in th'
sum OF 81, 900, with Mr.. Stearns as surety
and In the mean time it is expected his coun
sel will proceed by writ OF ha6eds corpus. z
| prevent his being committed to jail aftel
Saturday. .a.-,L - .-.-..s at
REn,vAL OF CAUSES FROM STATE TO FEDE
RAJ CoURrs. - Yesterday Judge Wellford, II
The case of Hays us. The New York ant
Richmond Granite Company, decided tha
the act of Congress of March, 1879, has re
| pealed all previous legislation relative to TIT
removal Of causes from the State courts 4
the Federal courts. The effect of this deci
sion is to mske it necessary for q party de
| siring to remove his cause to make bis appll
! nat;on Of tho first term of the State court a