, 1880-01-10
Gard From y. r. Cation.

EDIroR STATESMAN A card appeared
in the Waila Walla U'atchmdn supple
/ ment from \. f. isham, in relation to
eases disposed of in the district court,
Hon. S. C. Wingard, Judge presiding
| Connected rs | was with some of the
| cases mentioned, am presumed 10 have
some knowledge concerning them; Mr.
sham Is III error in relation To the case
| # Mccormick Us. Walla Walla & c. H.
railroad company The molten for a new
| trial was granted III the district court and
| from this order writ Of error was taken
| To- the supreme court The cause was dis
missed IN the supreme court, and plaintiff,
by his counsel, asked leave 10 amend
| The amendment sought, was the substl-
| tution Of an entire new complaint. At
| this point Mr. Isham was called into the
| case 10 aid me for the defendant Defen-
dant had been pat to an expense OF over
| 500 III following the ease TO the suprem
court, and this fact was brought to the
attention of the court if not by both NJ.
I,ham and myself. - icas. by enc Of Us,
AMI surely neither u Us have . right t"
complain because the cOG.s tool. the same
yiea Il the hardships on defendant which
We urged There is Lo fixed rue rs 10
terms where amendments are allowed but
is purely one of discretion, and governed
| bv the circumstances Of each particular
case.
As to the instructions 10 The jury IL
the cas-. Of George vs.. Stone y Reynolds,
the whole Lar-at least all who were pres
ent-know that the judge called the jury
back to their seats before they got out Of
the court room, and corrected the instruc
tion on the question OF ''preponderance,
ana the reputed instructions did not ap-
par IN the bill OF exceptions as prepared
for the supreme court. In the case of
the territory vs.. Foster, regret tha' Mr..
iSham has namcd this case IN consequence
Of his p rsonal relations 10 il. The fact
is. bill was prepared to correct the de
fective law on this subject. Mr.. lsham
was cognizaut Of the matter. Ii was IN
truduced hy hlr. Frary, of Columbia
county, and spoken Of rs an important
measure. Besides, for the first time, tha
construction of the law was called for in
that case and 4 majority Of the counsel
in the case for defendant considered that
the court had no power under the statute
t. order defendant 10 the asylum, and all
concerned know well that the court said
he was ready 10 do 50, if he could find the
authority or if 1t could be shown TO him.
The case Of LaGen sent 10 the asylum re
cites the factor . that he had no friends
to give bond aad take charge Of him.
and the action was, had in the matter on
a precedent statute not KNOWN. at the
time that it had been changed. and just as
soon As the legislature passed the bill Of
Sir Frary, and the attention Of the court
called to the fact. an order was promptly
made t. have MIR. Foster taken TO the
asylum
When Mr Isham again examines these
matters, he viii discover his mistakes,
and from his expressed disposition to do
right, confidently expect him to make
the correction, aud lie may also discover
what is 10 doubt apparent-to all disin-
terested persons-the absolute want of
any cause that should have called forth
his card. As - what my very Gaidj'c
friend, Mr. Lasater has written, pass il
with that contempt which, with the spirit
which prompted 1t deserves.
y. T. CAToE.