Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-10-12
Tilden's Account Books.
PROCEEDINGS IN TWO COURTS.

THE HARLAND CoMPLAINT-JUDGE BAXTER
Announces THAT THE BOOKS MUST BE RE-
TURNED-sUMMARY PROCEEDINGS THREATEN
ED-rnDEN's LAWYERS COMMUNICATING WITH
THEIR PRINCIPAL.
Special 10 the Ner York Times
| DETROIT. Oct 9.-The case Of Harland, for
purloining the books of the New J DIRK Mine Com
pany was continued this morning, and developed
some new features. Mr.. Iathrop, counsel for
| Mr.. Harland made an argument for the dlssmis-
al of the complaint against his client, citing re
noris and authorities to show that the notary at
| Marquette had no jurisdiction in the nature OF
court. \ notary might be an officer OF the United
States, and testimony taken before him would be
lust as binding and as lawful as though it were
before a Commissioner, but notary was not, and
could not be, a court of the United States. The
consent and agreement Of parties could not give
inrsdiction but even though the notary were
court. there was no attempt to obstruct or to ad
wise it, and there could be none when the defend
ant was trying TO take from the wrongful posses
sion of another his property lie declared. also.
! that under the charge Of stealing or destroying
any records of such court, there was no evidence
of any intent to commit such an oiiense, and I'M
der the statute there must he an intent. The tax
ing Of the books the assumption of a RICH,
and not the intent to commit crime.
To this Mr.. sherman, Assistant District Attor
ucy from New York, replied, expressing much
surprise mat tne regularity VI tnt
Marquette before the notary. doubted. He
stated emphaticalv that he should show that all
the proceedings there were regular. lie then cit
ed the two notices signed by Mr.. Maynard one as
United States Commissioner and the other as No
tarv Public. They were also signed by Stewart
L. Woodford. District Attorney for the Southern
District Of New York. Mr.. Sherman explained
that the reason WHY the first was signed by Mr..
MAYNARD as United States Commissioner, was be-
cause he had been a Commissioner until, by re
N.n TO VIC tall ont Of
the Eastern District of Michigan and put into the
Western District. Mr.. Sherman claimed thai
even if il was conceded that the replevn proceed
ings, so much talked about were regular, it was
an obstruction Of the administration of justice, but
there was no evidence that there was any replevin
AT sll He alluded in a humorous manner to this
wild Western way of calculating a writ Of reple-
VIM" of which Mr.. Harland had spoken. If the
sole purpose of the defendant in getting the books
was to assert the right Of the New York Iron
Mine the time taken unseemy time to
serve a replevin.
Mr. Harland then resumed his defense before
Commissioner Dawson. He made some explana
lions OF the cipher kilograms sentence, 1--WE
must act at once if at ALL claiming he was afraid
that the hooks would be returned to Mr. Wet
more. and that he would put them where a writ
would not find them. Iarland declared there
was no evidence that he had any knowledge
beforehand of the summary manner in which the
books were TO be taken. He was asked TO be held
York Mine Company if there was any objection to
taking the books a writ of repevin. The writ
cf rcplcvin would have been served upon MIR.
We'more, and could not by any possibility have
obstructed the due administration Of justice.
Commissioner Davissn refused to dismiss the
case, as the defense had moved. and ordered the
defence to 90 This order being entered. ali
further proceedings were adjourned till morning.
when Harland will submit his case.
The matter also came up in another shape to-
Han kaf., Irn Iuy ut 10 Tntfn Statn
Court, who, application, this morning issued
an order to McClosky, Superintendent of the New
York Mine, to show cause at o'clock why be
should not return the books of the Mine to Mr.. NJ.
Maynard, from whose office they were stolen. At
the appointed hour Judges Baxter and Brown
were On the bench in the United States Court
ready to bear all sthat could be said in behalf of
Mr.. McClosky. Mr.. G.. V. y. Lathrop, attorney
for Hailand, the New York Iron Mine Company,
McClosky, and Others stated that the notice was
not served upon his client until II o'clock to day
and that he as counsel, had not had time to look
the matter up. He requested his Honor to ad-
journ the hearing until Tomorrow morning.
Judge Bsxter-Thst will do. Who is Presi-
dent OF the New York Minei
Mr. Iathrop-Samuel j. Tilden.
Judge Baxter-I would suggest, Mr.. Lathrop,
that You communicate with him this evening, and
learn if he is not willing to return the books.
Mr.. Lafhrop-That, your Honor, we are per
fectly willing to do, providing textbooks may be
sealed up, and remain so until they are produced
at the trial.
Judge Bsxter-We will have no bargains, no
parleying, no controversy. These books must go
back to Mr.. Maynard tSensation in the court
room.
Mr.. La,hrop (smiling)-That will depend,
suppose, your Honor, somewhat upon the facts in
the case.
Judge Baxter-We shall receive no excuses
neither wind nor water, nor the interference of all
the elements. If Mr.. McClosky took those books
and still has possession Of them, he must lreturn
them to Mr.. Maynard just as they were
Mr.. Lsthrop-Your Honor must assume some
thing 10 your OVID mind.
Judge Baxter-I have studied up the case. |
know what Mr.. McClosky swore to.
After much more Of this sort of talk, Mr..
laihrop all the time attempting to influence the
Judge to withhold his decision, Judge Baxter
said: 'If il should appear that any improper
use will be made of those books / will
20 TO Marquette and personally Instruct the
notary as to what shall be done with them
Mr.. Tildcn is too good a LAWYER to adj
wise the holding of those books The proceed
ing was trick which you, yourself, Mr.. La
throp, would not countenance. We shall have
no contract, no trade. They must be produced,
and that in short order. The court will not be
trled with. You will hear from Mr.. Tden In
the morning, and, if he refuses to give up the
books, shall exhaust the power Of the court to
compel their return"
These observations created a genuine sensation
in court, and TO morrow's proceedings are being
awaited with much interest. McCosky is under
stood to have been in communication W it'll Tilden
this afternoon.