New-York tribune., 1878-10-10
THE BOOKS or THE NEW YoRK MINE.
A PEREMPToRY DEMAND FOR THEM.

A PEREMPTORY DEMAND FOR THEM.
JUDGE BAXTER OF THE UNITED STATES COURT SAYS
THEY MUST BE GIVEN Ur-A LIVELY CoLLoQUY
IN THE COURTROOM.
[BY TELEGRAPH TO THE TRIBUNE.i
DETROIT Mich, Oct. 9.-In the Harland-Illden
case before Com missioner Dawson this morning.
argument was had on technicalities set up by the
defence. Mr. Lathrop, who is generally conceded
to be at the head of the Michigan bar, made long
argument in behalf of Mr. Harland, and had several
brisk passages with Roger NJ Sherman, Assistant
United States Attorney for the Southern District OF
New-York, in which the latter fully held his own.
Mr.. Harland questioned the signature OF Gereral
Woodford, United States District-Attorney where
upon Mr.. Sherman said that the paper was valid
upon it's face and that no one except Mr. Woodford
could repudiate 1t.
Judge Baxter, of the United States Cir
cult Court, issued an order this morning
against Mr.. McClosky, superintendent OF
the New-YOrk Mine, to show cause why
the books Of the New-YOrk Mine should not be re-
turned to the notary public, Mr.. Maynard from
whose custody they were taken. In the afternoon
Mr.. Lathrop appeared before Judges Brown and
Baxter, and asked an adjournment of the hearing
OH this order until tomorrow morning, whereupon
a lively colloquy e"sued.
Judge Baxter-Who is president of the New-YOrk
Minef
Mr.. LathrOp-Mr. 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.. Lathrop-That your Honor, we are perfectly
willing to do, providing the books may be sealed up
and remain so until they produced at the trial.
Judge Baxter-We will have no bargain, no
parleying, no controversy. Those books must go
ho.l, m Mr Novnard Tgansation1
Mr. Lathrop-That will depend, l suppose, your
Honor, upon the facts in the case.
Judge Baxter-We shall receive no excuses. III
Mr. McClosly took those books and still has posses
sion of them, ne must return them to Mr. Maynard
just az they We're.
Mr.. Lathrop-Yor Honor must assume something
IN your own mind.
Judge Baxter-I have studied I'D the case. know
what McClosky sworc to.
Mr.. Lathrop-From the published accounts in the
newspapersf lido not know whether they are cor
rect.
Judge Baxter-They are sufficient for this case.
Judge Baxter closed the discussion by saying
"If il should appear that any improper use VIII be
made of those books Will go to Marquette and
personally instruct ihe notary as to what shall be
done with them, Mr1ilden is too good a lawyer TO
advise the holding of the books The proceeding was
a trick which yOu yourself MIR LathrOp wOuld not
couutenance. We shall have 10 contract, no trade.
They must be produced and that IN snort order.
The Court will not be traed with. You will hear
from Mr. Tilden in the morning, and If he refuses
To give up the books / shall exhaust the power Of
the Court to compel their return"
Under these peTemptOry instructions, the witness,
McClosky, has telegrlphed 10 Mr.. Tlldcn in refer
ence 10 the return OF the books.
In the proceedings before the United States Com
missioner this afternoon, Mr.. Harlaud continued
his long speech in his defence at the conclusion
Of the argument. The commissioner denied Mr..
HarIand's request for his own discharge, and the
case will proceed tomorrow.