National Republican., 1880-03-22
The Mayhew Contempt Case.

day, Is seldom seen in this District, and doubt
less the proceedings will long be remembered
by the aiticipants and tho spectators. IL was
the hearing of the alleged contempt of court
OH tho part of A. f. l.. Reese, Detective
Joseph Acton, John West Policeman John w.
Howell and Sheriff John w. Richie, of Prince
George county, Nd. The trouble originated
in an attempt to secure the arrest last Wednes.
day Of Sylvester Mayhem In the court room,
who at the time was plaintiff TO
suit in hearing against Christian Rup-
pert for 5000 damages. The hearing
in contempt had been postponed from
the previous day in order to permit the re-
spondents to the rule to show cause, to file
their answers. Tho chamber was densely
packed long before the court convened,
and among the spectators were noticed all the
legal luminaries of the District bar. The
matter was fully discussed, aud the impression
prevailed that the court was not disposed 10
be very ioniont in dealing with the parties,
and that they would have to pretty thoroughly
purge themselves or expect to receive punish
meut for their conduct. The older members
Of the bar characterized it as an exceedingly
bold attempt TO kiduap man who had a
cause before tho court and present him in as
obnoxious u light as possible thereby benc-
iting the defense and wholly destroying the
hopes Of verdict in the complainants favor.
They thought that the subject should receive
Justice Macarthur came on tho bench at
1890 o'clock, and tho court was opened.
Mr. Randolph Coyle appeared for Detective
Joseph Acton; Mr.. Mills Dean for officer John
w. Howell; Messrs. Cook and Cole for A. Il. L..
Keese; Mr.. Frank T. Browning for sheriff John
W. Richie, aud Mr.. +. II. Mackey for John
West.
His Honor inquired If these parties had re-
tanned counsel in the case, aud being answered
in the affirmative, said that they would pro-
coed.
Mr.. Coylc read the affidavit of Detective
Joseph Acton, in which he stated that he was
not PR sent at the arrest of fMayhew; did not ad.
wise it, and was not privy thereto; on Wednes.
day he was attending Us a witness in the
Criminal court; while passing through the
Circuit courtroom about 9:45 O'clock he met
Mr.. Keese, who told him that he (Reese)
would need one of us (meaning an oflicer)
later in the day; that the sheriff from Prince
George county would be there with a rcquisi
ton for n man for DEMONSTRATING, aud he at the
| same time pointed out the man; he answered
| that Il wanted he coHld be found in the Grim.
| iua courtroom.
Shortly after 1890 o'clock Sheriff Richie,
whom he knew. came into the COURTROOM aud
| told the afiiant that he was after a man he
would like the atiant to help him to arrest for
! horse.stcalinC; that he had been arrested by
another officer, but had been discharged. Upon
| being asked for his requsitiOn he drew a
paper from out of his pocket, which appeared
| to be bench-warant, although the affiant did
not read its contents. He told the sheriff that
| it was insufficient to justify an arrest and ac-
| companicd him to the District Attorneys
| office, and that official advised the sheriff to
| go to the Police court and get a proper war
| rant and then have the man committed to
await requisition. The sheriff not being ac-
| quuinted with the officers ut the Police court
the atliaut accompanied him there aud told
the clerk that the sheriff wanted warrant tC
arrest man for horse. stealing. Up to that
time he had not heard the name of the person
for whom the sheriff wanted warrant, and
did not know that he was party to pending
suit. II told the sheriff that he had to re urr
to the Criminal court, and would wait there
until the warrant was brought to him. ii,
did not watch the man, aud did not see thu
sheriff again until late in the afternoon, when
he told the aifiaLt that he had not been able
to get warrant
Police Officer John w. Howell In his afli
davt states that on the 17th of March he
WAS in attendance ou the Police court, and
about 1l:3O o'clock Mr.. Rhodes, the messenger
came to him and said Put on your coat and
go up to the Courthouse; tn re Is q horse THE
there" He went with Rhodes TO the yosti
bule nLd the latter there pointed out mar
who he said would show him the man Il
arrest. He did not know the young man, bu
afterwards learned that his name was JOIN
West. In company with said West aiiian
started to the Courthouse. While en- route H.
inquired who wanted him. West replied
"Kecse." He asked who Reese was, and Wes
replied that "Hc Is an officer Of the court.
Arriving at the Courthouse, the aliant SAT-
to West, "Where is KeoseW Some one wen
. iuto the courtroom and Reese came ou
Afiant said to Kcese: Are you an officer {
this court?' Keese'replied, 81 am" He il
what ht. ypntnl an1 X pRsp rnDlia1 %
want you to arrest man for horsestcaini
| have copy of the warrant for hin
in my pocket Come and ] will show him
you" He thereupon accompanied Keose t
the rear of the courtroom, near the east dool
where kccse pointed the man out. KcCsc sale
This is the man." and pointing to another
"this is the sheriff; arrest him and taEo hir
to police headquarters aud turn him over I
the sheriff" He believed that X, ese was q
officer Of the court, believing that IL was hi
duty to arrest Mayhem, and being entirely VI
aware that he was in attendance In the Cour
took him into custody and conducted him
Police headquarters where he was subsequent
ly discharged by Captain Vernon.
| John w. Rhodes messenger at the Pole
court, corroborated Howell In regard to th
conversation between them.
Captau Charles Il. Vernon ma1o aflidsv
as to the discharge of Mayhem from custody I
Police headquarters.
| Mr., A. Il. l.. Reese in his alhdaVit statt
that Mr.. Rupert, having been informed b
his counsel that it was desirable to have
witness to prove the identity of Mayhem
the person mentioned in the indctmer
which had hecn introduced in evidence, and
having been suggested that the sheriff
Prince George county, Md, would be the be
witness, afiaut was requested by Mr.. Ruppe
10 20 for him. Gu going to the train aud tint
ing he was too late he concluded TO send a iii
match for him to come and having in his 20
session a subpoena for witnesses in the caus
which the marshal had deputizcd him
serve, he inserted tho name Of the sheriff an
sent the dispatch now flied with the aiidav
of Deputy Marshal Williams. Next mOrnr
he informed Williams what he had done, wi
nude no objection thereto, but said they ha
no jurisdiction outside the District Ailial
,r thought from the fact that the marshal hG
n authorized him to serve the subpoena he ha
the right tO add another name aud serve
When the sheriff came he reported at II
r. marshal's office, and aiiiunt was intr
~ duCed TO him by Mr.. Williams
the Rute-rOOm, near the courtroom
The sheriff told tho ailant that he wishC
L. to arrest Mayhem, and atliant to
h. him he would have to obtain q Unite
States warrant before he could arrest him, a
suggested that no could take the copy Of Il
rs Indictment and his bench warrant aud go ~
procure warrant. The sheriff suggested tn
Mayhem might get away whom he saw hi
lthc sher6) Affiant then told the sheriff