Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-03-20

tempt II which he is impllcated. I Il
is easy for parties, often by their misbehavior,
80 well calculated in this case, to bring into
contempt the respect due to the authority Of.
this court. to say that they did It through igno-
rance, and did not intend disrespect. ANY
criminal might interpose the same defence.
That Is pallfatfon only when the act itself Is
one OF minor Importance. But when a party
to to aSs Is In the or at
taken out OF court that the arrest might be
made, taken through the room by an officer and
into the and III 1as and
dragged to headquarters of the police establish
ment can the court accept an apology such as
ter, and excuse them that they may escape the
consequences Of this act? The court would feel
that it had degraded the office Of the judiciary
If it should permit transaction Of this de-
than is usual in regard to contempts.
Now the circumstances Of this case had darker
hue to 1t than the mere arrest OF party while
attending upon the court as witness and as
sutton. Here was an indictment that had lain
dormant for the period of over three years, with
regard 10 which the prosecuting witness desired
diScontinuance, and the states attorney for the
prosecusion of criminal offences had agreed to
put it of the docket II at any time there had
been substantial Indictment against Mathew he
could have been arrested over and over again, for
he lived and labored with the man who pro-
cured it. In no sense could it be said that
Mayhew was a fugitive from justice,
misbehaviOr upon which am commenting. 1t
is very evident that Mr.. Reese, who appeared
(and i may take judicial notice of the fac1 to be
deeply absorbed in the trial of that cause, pro-
cured this for the purpose Of producing effect
1t was that the jury might understand that this
man who was plaintiff was convict, and that
he had been manacled and chained. Can you
imagine anything so calculated to impair the
rights and privileges to which citizen is en-
titled, than an outrage OF this description upon
an indictment from an officer coming from
a foreign jurisdiction assuming tn bring
with him the prisoner of the state OF
Maryland, and also assuming to act
In harmony with the authorities of the Dis
trict Of Columbia to arrest sutton under the
circumstances described. Now, have no doubt
that the counsel who appear for these parties
Their position is such that they have to intro.
duce into the defence everything that can palli-
ate the conduct of these parties; but can see no
formed by Mi. Williams, and according to his
own statement, Mr.. Reese had himtelf re-
ported the thing to the
warrant, and it was not only from ignorance
but with a full knowledge that there was not
the slightest authority for making the arrest
sary for me to 60 through these affdavits. In
deed do not know that could. have heard
them this morning for the first time, but there
is nothing In these affidavits that overcome the
conclusions which just announced No human
being can doubt that Reese procured the at
tendance Of the officer; no human being can
doubt that Howell made the arrest and that
the sheriff was present and accompanied the
prisoner to headquarters. l would not refer to
the circumstance which transpired upon the
to these affldavits told Mr.. Reese then If
he had any connection with the arrest
OF the man to have him returned Immediately
to the court roOm and he was at once returned.
can see nothing, therefore, in the circum-
stances of this case that palliateS this matter.
The agency of these parties is as direct and
positive as IS TIE light at MONDAY and the only
indicating its tnsulted dignity. AS to the de-
tecttve, Acton, he Appeals to have escaped an
emphatic implication here ALMOST by hairs
Court, when an application was made
there, as If upon an original complaint,
horse stealing In Maryland-an o1ence which
occurred, If it had occurred at all, three years
previously. The officer asking If the property
had been carried Into this Distrtct-because that
would have carried the offence with 1t-and the
reply was no; and the officer at once ceased
making out the warrant. There his agency
in this matter ceases. It appears that after he
be made here-and If he had been aware
of the circumstances of the case he
would have known it at once - he took
posed to exclude him from the judgment about
to be pronounced. The poor, miserable boy,
who has just made his affidavit, and who was
used as tool in this transaction, do not think
should be punished. SO that whatever this con-
tempt may elicit with regard to him, he may be
excused from any further penalty; but as regards
the three others, feel it Incumbent upon me to
infict punishment, not pecuntary one, but
punishment which will be warning to both
foreign and domestic officers not to invade the
Judicial forum In this brutal and outrageous
manner.
THE SENTENCE OF THE COURT
Is that Reese be confined in the common jail 80
days and that the sentence commence at II
O'Clock to-day; that the officer, Howell, be con-
lined IN the same place for 20 days, and that his
sentence commence at the same time; and that
the sheriff, Mi. Richie. be confined in the same
place for 10 days, his sentence to commence at
noon to-day.
The parties. were then taken to the marshal,s
Office.
subsequently, in view of the Importance of
Nj. Ritchie being present at the opening Of the
thur consented to postponemenr Of the execu
ton of the judgment In his case until Wednes-
day next, Messrs r. X. Elliot and F. T. Brown
ing going his bail in the sum Of $500 for his APP
pearaDce at that time. About three o'clock
Messrs. Reese and Howell having given some
directions to their friends were taken to the
jail.