Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-11-14
ARGUED AND sURMITTED.
Judge BOND Reserves Decision I'm
sheriff wIDstOn'a Case.

Judge Hugh /. Bond, a the United
| States Circuit Court, arrived in the city yes
terdaV morning from Baltimore and re.
| turned North m the afternoon.
| lie came here by appointment TO hear n gu
meat in the case ~ James =. Cooper rs.
| Lewis e. Winston, Sheriff OF Richmond, for
| alleged contempt oi Judge Bonds court in
! disObeytng and violating the orders msde IN
tas c1use on the 24ib Of May, restraining the
| sheriff from levvIlg executions o. the cry
/ Circuit Court on judgments obtained Dg the
/ Commonwealth In suits brought under the
| cOuuon-crusher act against taxpayers who
| had rendered in payment Of their obligations
| 70 the state coupons which were declined.
| Judge Bond sailed for Europe soon after
| granting this restraining order and hls but re-
Gently returned. He appears b have been
| greatly improved by his trip. while be has
gained but little il any flesh, he looks hearty
and well. lie assembled The bench about II
| o'clock, dressed az usual in a nclt-Giting smt
of black. with high standing c0lsr ana black
| silk tie Mr. William l.. ROyall was present
as counsel for Mr.. Cooper, who Is IN reality
! the b0udholders' agent, and Atorncy-tiene-
raj Ayers appeared for the State Of Virginia
and her officer. There was q small company
| IN the COURTROOM. embracing among The
number the following members OF The legal
! fraternity: james Lyons. ESQ, assistant
| United states district attorney; George
| BRYAN, Edmund Pendeion, john Lyon. and
| ". &. Preston, a,sis .ant TO tue Attorney
| General.
! Sheriff Winston's answer 10 the rule
| awarded against him 10 show cause Why Dc
/ should not bc attached and imprisoned was
published yesterday. The argument oi
/ Mossrs. Royall and Ayers consumed over an
| hour aud a bali, and at US conclusion judge
! Bond announced that be would render bis
/ decision ~ a few days ltis probable that be-
will deliver It on the 2Iih instant, when the
/ regular fan term OF the court begins. There
are several cOmmou-lsW causes 10 come up
/ for hearing atthlt time, aud ihe c1so OF Stew
at Us. southward, Sheriff Of Iie0Tico cOun-
! ty. Is set for the same day. JUDGE Hughes,
| - the District Court, viii also be here at that
I time.
Mr. Royal, in bis argument. held thst
| the proceedings in the Circuit Court were
/ without authority Of law aud that the exc
ciiious amounted 10 nothing more than the
! ordinary wriis for taxes served by county
| apd citY treasurcrs; that this court bad
.pmpetent jurisdiction to correct the errors
/ 10 tue state tribunal Wlich In these pro
/ c.Cdiugs did not amount % a cJuti; that
while the petitioners were dragged Into the
/ Circuit Court they were not given Il free
and nll hc1ring. but sentenced with0u. ~;
i tbat the United state Supreme Court in the
| case of cr.pGTte Ayers Il as. did not pass
/ directly upon this que tiOn, and be believed
/ ii IL was fairly presented 10 the Supreme
/ Court O decision would DC rcadcred lay0ra-
/ be % hi8 clients.
/ Nr. AyerS, Standing fruly upon the de-
/ fence made by Sheriff Winston in HE an
I swer. held that This court had no iursdic-
| ton In the present case; that il was a suit
/ against one OF the states ministerial agents
ana therefore practically against tie State ;
/ that even II the judgments OF the CITY Cir
cuit Court were vOiCaDe and the proceed
! lngs not in accord lncc with the law and the
| Constitution, this court hud no right 20 in
t teriele, bat an appeal should be made
! through the proper Chqnnek in the State
courts 10 have the errors corrected; that
! The complainants had been given 4 hearing
! and chance 10 make their defence IN the
! Circuit C0urt; that the United states SUI
! prcme Court decision in e1 Ddrts Ajers
/ applied with full force 10 this case, and
| should Of necessity compel judge Bond to
/ dismiss the Proceedings. regardless OF whit
/ las Individual opinions might be.