National Republican., 1880-03-22

then passed into the ante.roOm, and atiiant did
not follow them, but remained in the court
room. He did not see the officer arrest May
how, nor was he present when he put the
handouts OH him, nor did he know or suppose
1t was going to be done, nor did he request II
to be done or assume any authority TO do so.
When they left afllant and went into the ante
room he supposed that they had gone there to
arrange for Mayhew going with the sheriff
without any requisition. He did not know
that Mayhem had been arrested aud taken
from the courthouse until the fact
was announced In open court, nor did
ho have any knowledge that such a
thing was contemplated by the officer or
sheriff, aud he had no connection whatever
with having the arrest made, aud was sur.
priscd when he heard that tho officer had
taken Mayhem to Police headquarters. After
the arrest was made known 10 the presiding
justice lie said TO the alliant that IL he, aflitnt,
had any connection with having tho arrest
made he better see that Mayhow was at once
returned to the courtroom. And thereupon
the ailiant went to Police headquarters aud
told the officer that the judge required May
hew to be returned TO court at once.
The atiiant further says that lie did not tell
the officer or any QUO else that he had copy
of the warrant, aud further says that he did
not assume any authority in the premises aud
did nothing in relation thereto not set out In
his affidavit He intended no disrespoct to
the court or its authority, aud II his actions In
the promises, MS herein set forth were not
proper in every respect, it was an error in
judgment aud did not arise from any inten-
tiOn TO do wrong.
Sheriff james II. Ritchie, of Prince George
county Nd in his affidavit states that he
| came here in response to a telegram signed by
Kecse for the marshal, aud directing him to
bring q bench warrant for the arrest of May
hew. He did so, believing that tho man was
was under arrest. After ties tfYing, while he
was talking with Mayhem, Reese came in with
an officer aud the officer arrested Mayhem.
This was done without any request on his
part. After the arrest the officer asked tho
sheriff If he had q warrant, and he showed the
ouc he brought with him, and then the officer
asked him to accompany them to Police head
quarters.
John West states in his affidavit that during
the trial of tho case Of Mayhem against Rup.
pert, Mr.. Koeso came to him and asked him
10 20 for police officer. He went to the
Police court, got an officer and they went
| together to the Courthouse. lIo told the
officer he did not know who was to be
arrested but thought it was something about
Il horse-thief. He did not know Mayhem, or
| that it was the man to be arrested.
Mr. Dean said that they had asked the
United States Attorney to mako an affidavit,
but he declined to do SO and said that he
would make a statement in open court. He
| was now in tho chamber.
District Attorney COrkhill stated that De.
tective Acton came into his office with the
sheriff and Inquired about making the arrest.
He replied that it could not be done under the
| Maryland warrant out If they entertained any
fear of the party getting away they could get
| another warrant for him at the Police court
| They then inquired if he could be arrested
while in court. lie replied that if they called
the judges attention to it, hc doubtless would
soc that the man did not get away.
The ali layi's OF Richie aud West were not
| put in until the others were read, the delay
being occdsioned by the late arrival of these
parties.
His Honor said that there should be some
order about the argument, and he would coul
mence at the left, taking the attorneys in
| turn
Mr.. Coyle opened the argument, and main
tanned that nothing had been presented t.
show that Mr.. Acton had done anything i'm
proper, but, on the other haud, had consulted
the District Attorney and acted upon his a /
vice. He should, therefore, ask for his hon
orabc discharge.
Mr.. Browning briefly referred to his client,
affidavit, aud believed that he had fully
purgcd himself of any contempt He came
here expecting TO find Il prisoner, and not t,
testify. 1t looked to him very much like
job to injure Mayhew's case, and the sheril
had been used TO assist IN IL.
Mr. Dean maintained that the statements
in relation 10 tho conduct OF Mr.. Keese wcrt
vory conflicting Mr.. Howell was "a youn.
officer on the force; believed that Kcosu wa
an officer oft the court, aud that he had copy
| of the warrant in his pocket and, therefore
made the arrest. He believed that he WAS on IS
doing his duty.
Mr. Coylo said that what they ha to sa,
they would in doing SO not try to shift tn
blame upon SOMEONE else, us dill tho gentle
men who preceded him. Mr.. Reese denieC
that he directed tho arrest or requestc,
it to be DONE and Sheriff Richie corroboratcI
him in that respect. His statement WIS ais
corroblrated by Howell aud Joy. lie though
that the trouble grow out of the errors of a ney
and inexperienced police officer, and that non
( of the parties intended any contempt to th
: court. Colonel Cook took upon himself th
| responsibility of ummonng the sheriff q
Prince George county, Md, to the city, an
Mr.. Reese WAS only his instrument. He re
qucs.cd the sheriff If he had bench wArran
for Mayiow TO bring it with him. He did 81
and IL was put in evidence. lie would do al
that he had done again. The principal que
tiOn before the court was hethcr or not an
contempt had been committed. If there ha
been, who was the party? 1t was very cv
dent that it was the one who made the arres
and that was the act Of Howell. 1t was sal
. that Mr.. Reese directed the arrest. Sheri
, Richie said that it was not so.
, II was very evident that West was the ma
directing the whole natter it was show
that after tho arrest was made, that Howe
E asked the Sheriff il he had u warrant, whC
G ho did have; why, then should Reese hay
II copy? lie learned chat this officer, athoug
/ young, was an efficient onei that he had ma
t igatcd the globe.
Mr., Deau-That iS about as near the trut
8 as you generally get,
? Colonel Cook--1he gentleman says that !
A has been in the Navy nine years, an1 if
5 does not know that the United States shil
I sail the main, then he has less knowledl
I than have given him credit for.
{ His Honor Perhaps he belongs to the "Pi
: alore" crew. LLIughicr.l
t Mr.. Dean-He might have been in hospita
:. Colonel Cook then continued his argumen
. aud contendcd that the affidavit Of Reese MS
!. his conduct was entitled to as much weig
, and consideration as tho others.
o Nj w. b. Hill, of Maryland, said that the
4 was one point that had not been touched upo
t aud that was, how Sheriff Richie had bee
Q brought to this city. lie came her, und
o the belief that he was to get criminal
1 looked to him as if there had been COT
/ bination to injuIe the case of Mr.. Maybe
/ and sheriff Richie had been made one OF Il
1 instruments to carry it through.
Z. His Honor then, amidst the utmost sienc
o announced his decision, saying; " fnd m
/ calf uuahle to take IA mild yiuW of this tran