Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-05-03
Another Day LOst-A Wrangle Over the
Employment Of Counsel by the
City-Speeehes by Counsel.
Answer to the Specifications and Charges
Of the Impeaeh ers, by the COun-
sci for the Defense,
A fassage BE tween the Chairman and
General HOrrlgan-A Point OF
Law Score One for
Dpfss Side.

pursuant to adjournment, the two
boards met IN joint session, as organized
INTO nigh court Of impeachment, Pres
ldent Aept In the chair, and present AL
Germen Dent Elder, Green, Cochran,
6Tlemlng and M'Cloy, and COuncilmen
donovan, SiJeed, Hardin, DOugherty,
Beaseiey, s,eessei, Kari, Gibson, Nor
rs llson; hi .tchisor, Kelly, Weller, Dan
SOD, Ne sly aud Biaise.
Ihe prosecution and defense, with
theh counsel, occupied places assign ed
~ SH' IA inside the bar, with q large crowd
spectators present.
The minutes of the previous days pro-
ceedings were read, and after few "
nor amendments, were approved. -
Colonel CAN'T, Of counsel for Pr
tion, here rose and said their firm -secu, !,
to withdraw from the csse, iDag t MI5neu G
their appearance on behalf Of .L uon @ aS
agera OF the prosecution wOT ehe MAJ
managers in the attitude ~ PIace the
prosecutors OF the same M ~, JITges mse l 4no
ayers we're part OF the corrt III ne liiai- 4.
try Colonel Duff, md If ,,yoniG mIG Sat &c. ~
them in sn embarr 1ssing ro.ifion iftbeT IT,
were to employ and co nDebssfe conn,
SCI, Wbich the n'Iotion of yesterdsv renre-
senCe'l tnem IS doing, to prosecute him
II As purely on this ground that thew
uesi red 10 dlsconne ,ct themeelves with
tne csse, and not through apv want Of
GoDhdence In tde proceedings so far.
'.hey nad exc mined the law in the
ease, anu na conferred with the citV
| steOfneyI "AO were ready, by request OF
the IL, 70 furnish such authorities
10 the managers as might be deemed
! necessary. He thought this step on t. q
psIt OF their firm was the proper one in
vie" OF the gravity and importaT ce of
/ kNr
[ commend itself to all parties cc ,ncerned
| City-Attorney Walker T,se tn his
| feet and said: Before this. matter nro.
ceeds any furtherJ wish to exnIsin NV
position. had F.oped. that nav position
Ia Ihls case wa 5 Veil understood by
tne c0uuch. 1 s! !e iiC is misunderstood by
Coiguel o4htt' end he misunderstood
ing II Wss very probably misunder-
stO0u oy u council. l thought il was
unoersIo' yesterday that I was not to
@ oe eiInei prosecutor or assistant prosecu-
t9ri nv 4 was to be at the service OF
tIie y Epcil in whatever legal duty they
" Wis .eS 10 impose upon me in this whole |
nls fer. But at the same time / must |
perfectly free aid untrammelled to |
give whatever opinion am called |
[ upon to give by the council, without |
bias or Psrtiality for either side. Now |
think she council will see it would be
/ perfectly impossible for me to go into |
| the prosecution Of this case without in
VolvlDg myself as a partisan, and
wlthou! in some degree struggling !
Tor success. Ii you want my SERVICES "a
prosecutor, you cannot have my or ,,rion !
upon shy questions OF law foaf NAV |
arlse, because by being placed in the |
former position I would not be free fo |
glSe fair aud impartial opiRier.
colonel Gantt-The gentleman mis- |
aPprenenoeu me. / merely saiI he |
W0ulg De ready to furnish the law when |
called upon by the council. 1 did NOT /
mean to say any more than tE,et. and ! !
nave no doubt he will farnis,o II jmnsr-
tlsily, and Will go fGrther and saw he
Will furnish it wisely an, we'll
councilman Elemip r-T .,1ova tbot
Ine clty-aLtorney De e.xcus ed from acting
as prosecutor, and aat he hold himsal9
reaoy TO answer Aay questions of law
that may arise. -"
q, Coionel Is at again observed that
t tLieLL LelISl Jigjg there SIS counsel for the
~ Of the impeachment would |
a1,t pnaoe u latter in the position OF prose-
tuSoH tSo and not as judges, and that being
10 Ine .e,se 1t would put them in an en-
W .assing position.
General Horrigan, OF counsel for the
defense, said he saw no improperly in !
counsel remaining and conducting the |
case, and furnishing legal advice to the
impeachment manegers. Their side
had no objection to counsel being re-
tsined by the impeachment managers.
Tbey were anxious that they should put
their case as we'll and as strongly as they
could; aud they would, in their feeble
way, try to meet ii.
Colonel CAN'T said he had no doubt Of
their legal right to remain, but their
principal object in withdrawing was to
disembarraSs the impeachment man.
ayers.
Colonel CAN'T and General Patterson
then rose and proceeded to leave the
room, when Colonel Donovan rose and
said: II beg Colonel CAN'T to remain
for one moment"
The gentleman from the tenth ward
Mr.. FlemiDg) moves that the city
attorney be excused from aiding in the
prosecution Of this case. Yesterday it /
was the express wish of this house that
he aid in this cause, and on motion Of q |
gentleman here, counsel, engaged 10y
the managers Of this matter, said they
would act without fee or reward so far
as the city was concerned. But Tex
citedly) change has taken place 81 nee ]
then, and can readily, and you can
readily see the cause of it. Our city
attorney, after the express wish of the
council, has refused to act in the matter.
Why we never requested his partial
ity or his biased opinion. We had con-
fdence in his judgment, and confidence
in his ability, and ! say with all due :
Difference to him, that his views and :
his remarks as to bias and partiRIity )
are uncalled for. We have met here to 4
determine this question impartislly, | .
and our city attorney abandoDs us, as l :
might say; and counsel whom we :
thought would help US in this case has
abandoned US, while we are met on the
other side with an array Of legal talent
un nprecedented in causes o. this charac- q
ter. is the city then to be left without J
somebody to represent her? Let the q
naked facts come before the council,
and let Us be judges upon them with I
out hearing aay le2a! arguments. II that l
Is not Gone, will raise my voice 2
against our city attorney Withdrawing :
from this case and leaving Us entirely
1t would not be fair. it
would not be just, it would not be equit- v
abe, with such an array OF talent on the
other fite. / will therefore move to re- J;
the motion offered By Colonel
Neeiy yesterday, as 10 compensation for c
services Of counsel. ?
lie cnAlI sad Lnero WSS mOtlOn al =,
ready before the house that the city at q
torney be excused from acting as prose- q
cutOT. q
Councilman Donovan to Councilman | L
you withdraw your mo- G
lion? u
Councilman Fleming-No, sir; will
not G
Councilman DODOvan-Then l will q
move that your motion be laid on the
table. This Was done. Mr.. Donovan
then moved tue reconsideration of Colo
mel Neely's motion. O.
Councilman Fieming-Let me ask ST
the gentleman Colonel Donovsn) If he n
expects the city attorney TO find coun- q
sel ia this case and pay them their sal a.
7Ty? cl
Chairman-You don't know what he r.
expects. he calls for reconsideration IF
81 r,rsann