Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-06-19
THE APPEAL OF THE EDITORS.
The Argument of Yesterday-HOw Some
body Was Sat Down UpOn-Mr.
Shapiey : Strong Presen-
f.afinn nf he

The Argument OF Yesterday-How Some
body Was Sat Down UpOn-Mr.
Shapiey's Strong Presen-
tatiOn of the Case.
The disbarment appeal of the editors of
the 1NTELLIGENCER came up for argument
before the supreme court at Harrisburg
yesterday at 1 o'clock, and Mr.. Shapley
opened the argument for the appellants.
Before he did so the paper books were
handed to the judges, as is customary.
The Lancaster judges filed with their ar
gument a supplemental paper book, which
was composed entirely of the articles
which appeared in the INTELLIGENCER
editorialiy and otherwise since the pro-
ccedings taken by the judges against the
editors. 1t was preceded by note which
explained the object Of the publication to
be to acquaint the supreme bench with
the feeling of Steinman Il Hensel towards
the judges below. Chief Justice Shars-
wood took occasion to say that it was a
very extraordinary and improper docu-
ment to hand to the court. lie said that
he would not read word of it, and con.
demned the prOffer of it with decision
and emphasis which gave a very lively
shaking up to Mr.. Reynolds, who repre-
sented the judges below Attorney Gen
eral Palmer being i'll and unable to be
present Mr.. Reynolds got Oh his feet
and stated the idea with which the PAM
phlet had been prepared and offered, but
the chief justice failed to be impressed
with it's sufficiency. The supplemental
answer" had been shown to the appel
lant's counsel only a few minutes before
the case was attached, and they made no
objection to it's being offered, knowing
we'll that Mr.. Reynolds would soon find a
hornet or two buzzing about his ears. If
there is anything the chief justice
hates it is to have matters presented
to the court which are not on the
record. The layman will understand that
cases are heard in the supreme court, ON
appeal, upon the facts rs they appear on
the record of the court below and if any
further information is wanted, as the
chief justice reminded Mr.. Reynolds, per-
mission must be sought from the court to
secure it in a regular way.
Mr.. Shapley, as may be imagined, cheer
fully awaited the conclusion of the chief
Justices remarks and then took occasion
to point out, in the regular paper book of
the judges below, matters that were i'm
properly stated and that had no existence
in the record. He proceeded to deliver a
very strong and effective argument after
first reading the rule taken upon the ap-
pelants and their answer, during which a
faint smile seemed to hover over the faces
of the judges as they listened to the very
remarkable narrative by your learned judge
of the questions and answers interchanged
between him and the victims of his wrath.
Mr.. Shapley proceeded to show that the
comment of the editors Of the INTELLIGENT
GER had been made by them as editors,
out of court, and concerning Il case already
ended, and for all these reasons, any one
being sufficient in itself, they could not be
thus summarily punished in their capacity
as lawyers. Their offence, if any, was
libel, for which the judges injured had
their remedy at law. He sustained the
positions with numerous apt citations, and
showed that no attempt had ever been
made in any court so tlagrantly viOlative
of every principle of law as was this one.
He called the attention of the court to the
false statement made in the paper book of
the other side that the appellants confessed
that their charge against the judges below
was false, and showed that the very re-
verse was the fact, and that it must be as
sumed by the court that the publication
they made was true, since there was moth
ing on the record disputing its truth.
He further showed that the
gravamen of the charge made was against
the three attorneys who were accused of
deceiving the court below and prostitut-
ing the machinery of justice to these base
ends, while the accusation against the
judges was simply that they permitted
their partisan partiality towards these Re-
publican attorneys to stay their hand
against them. And then he asked what
right these judges had to be supersensitive
such an assault upon them
when they refrained from resenting the
admitted offence of these three attorneys
in obtaining the release Of their
client by falsehood and fraud. When Mr..
Shapley was making these sharp comments
upon the conduct Of Messrs. Eshleman,
Brown and Johnson, everybody naturally
looked at Judge Mercur, who remained OH
the bench, Notwithstanding his relationship
to one of them. The chief justice, turn
ing to Judge Mercur, who sat beside him,
was overheard to ask whether the District
Attorney Eshleman referred to was his
son-in-law. Judge Mercur bore the fire
with commendable equinamity, but
hardly could have liked the position.
Mr.. Shapley's speech was much admired
and he received many congratulations
upon it. 1t was rhonographically re-
ported, as will be the entire proceedings,
and the INTELLIGENCER will be able to Go it
Justice by a more complete representation
Of it than in this hastily written sketch.
When he concluded, Mr.. Reynolds asked
to be permitted to begin in the morning as
It was within ten minutes of adjourning
lime. The chief justice assented, but
;OOk occasion to ask him with a smile on
lis face, who was referred to in the
PAPER book when he and his associates
claimed to appear as amicis curi9; whether
hey assumed the character of friends of |
his court or the court below. MIR. |
Reynolds hastened to explain the chief
uStice Of cOurse knew yery well. and