The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-06-17
FINCASTLE.

LIVELY SCENE IN n COURT-ROOM-A TRl-
ANGuLAR FIGHT THREATENED-THE EDI-
TORS -CAsEs-JUDGE MAYs's IDEA OF A
DEADLY WEAPON.
Correspondence Of the Richmond Disnatch.l
JUNE II. 1883.
The courtroom yesterday evening was
the scene Of intense excitement. occasiOned
by a personal conflict in the presence of the
court between Ben. Hadcn. Common
wealth's attorney, and Marcus ID. Oben-
chain. county superintendent of schools Of
BOtetOurt, and Thomas j. Wilson, post
master Of Fincastle. The difficulty grew
out Of certain criticisms made 10y the Com
mOnWealth's attorney on the conduct Of
the jurors who had hung the Jury IN the
trial OF John l.. Circle, under indictment
for selling intoxicating liquors without
license, and Messrs. Obenclln and Wilson
were two OF the jurors who were for ac-
quitting the defendant.
Shortly after court met, and while Mr..
Hadcn was sitting behind the bar awaiting
for a case IN which he was interested to
begin, Mr.. Wilson went up to Mr.. Haden
and requested him TO step out OF the room;
he wished TO talk with him. When IIaden
and Wilson got near the door lIaden saw
Obenchain standing Just outside the door,
holding a cane concealed behind him:
thercupOn Hadcn halted and asked Wilson
what he wanted with him. Wilson re-
piled, ~ hear that YOU said YOU would
have gotten a verdict IN that case il it had
not been for the - Readjustcrs that were
on the jury. Didyou say that 7" ''NO. |
tell Won what | did say. I said ii that jury
was hung il would be by youor Obenchain."
ThereupOn Obenchain stepped up and
said. "Will you deny that YOU made that
statement " Il don't deny anything;
but what | said was that if the jury hangs
in this ease, You or Wilson will hang it,
Obenchain replied "lf YOU said that You
would have gotten a verdict il it hadn't
been for the damned Roadiusters, then you
lied" ado YOU mean TO say that | lied?'
"les; If you said that. YOU he'd" lladen
raised his cane TO strike. but It was caught
from behind. and the parties were imme-
diately arrested and brought 10 the bar.
BY tins time an excited crowd had poured
into the COURTROOM. and were attentive
Witnesses Of the scene.
Judge MAYS exhibited unusual GOODNESS.
aud declined to act upon the ease until pas
sion had somewhat subsidized.
Shortly after, when the courtroom was
wcllnigh empty, he called the offenders be-
fore him, and bound them over TO keep the
peace in the penalty OF 5000.
Captain j.. II. IL. Figgait. on behalf Of
the editors, moved the Court to-day 20
quash the rules against them. and they were
quashed. and Judge Mays relieved OF his
elephant.
Thi, morning Judge MAYS. shortly after
opening court, imposed a fine OF $40 each
upon Messrs. Iladen. Obencha'n. and VIII
son for contempt Of court. This did not
surprise Us. for while almost any gentle
man would have acted just H. Mr.. lladen
did. yet it was not 10 be expected that any
discrimination would be made by the
Judge. But this was not the end. The
| Commonwealth attorney was sitting very
cOmpOsedly in front OF the Judge, with his
walking-clne lying across his lap after his
usual manner when his Honor turned 10
the clerk and said Enter a fine Of
81 against Mr.. Haden for coming
INTO the presence OF this court
with a deadly weapon. ! told him
kindly yesterday that ~ an officer OF
the law he ought not 10 be carry Ing such a
weapon ; and here he comes in the presence
Of the court with il and fine him for il.
have learned. TOO, that he loaned that cane
10 a person with instruction TO break
nv head witli.it." The culprit arose from
his seat very calmly and said that while he
did not dispute the right Of his Honor TO act
rs ne had AOne, yet he claimed the right 10
except 10 the judgment OF the court, and
would prepare his bill OF exceptions:
that the cane he was using was one that
was given him over a year ago 10y
a physician when he was sick because the
one he was then using, beng compelled 10
lean upon il a great deal, was hurting his
hand, and the cane in question having a
round head, and being light besides, suit
ed him. and he had continued TO use il.
Besides. there are other members OF the
bar that habitually carry similar canes. and
nothing had been said about il; that it
could not be considered a concealed weap-
on. as his Honor alleged !; and even il it
was. the Code prescribcs Il mode OF deal
ing with persons who carry concealed
weapons.
The judge then said that he would re-
nit the line, but il lac ever appeared IN
court again with that cane he would fine
him. and would not remit The fine.
The deadly weapon" spoken of by
Judge MAYS i a medium-siZe black rattan
| cane. with an iron icTule on one end and
4 hall Of lead enclosed in rubber netting on
the other. and weighs nine ounces.
Thu court adjourned at recess to meet at
4P. NJ. TO decide upon the request OF Mr..
II. II. Allen that the fines imposed in the
morning be removed. -Four O'Clock came,
and no Judge. At . he came INTO The
clerks Office. had the orders OF the day
read, told the clerk 10 enter up The lines As
imposed in the morning. signed the order
books. and quietly Withdrew. As he sat
listening TO the m~Ono.onous reading OF uie
clerk his eyes might have mel those oi lne
| Commonwealth attorney, VIVA sat Just III
front OF him. with the head OF that awful
cane inst under his mOustache. ACTON.