Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-12-14

Fearful as was the responsibility he
WAS assuming, / could not but admire his
zeal and his proves, and to this day I
can recall not only his dilating figure,
his frowning brow, his flashing eyes, his
clenched fists, but most OF his very
words He declared that the efTrontery
and insoleDce of the defendants PROPOSE
ton was without a parallel in all the an
nails of Judicial procedure. ARRESTED !"
he cried. eyes. your Honor, let him be
arrested. but let it be no motiter Dlanus
imposuit. Let him be seized with the
toughest hand and incarcerated in the
deepest dungeon the law can command,
and let him be loaded with biting chains.
| Sir il the era OF insolent lsvlessness, OF
the musket and the bludgeon, has come.
let us all know it here and now let the
proclamation of war be openly made
right here IN the temple OF outraged and
defied justice"
CRITICAL MOMENT.
II was, | really think, the most cnti-
cal moment | have ever experienced.
The excitement IN the courtroom was
painful, absolutely awful. The negroes
shufiled uneasily and literally CRASHED
their teeth. Every one seemed to antici-
pate wild outbreak the next instant. L
can recall but two unmoyed faces in the
vast throng. and they were the faces of
Henry X. Ellyson and James Neeson.
No one seemed to be at the helm-the
Judge was Judge no longer. The wild
torrent pouring from the lips of the old
man eloquent had swept him completely
away. He had abdicated. He was dis
solved in abject terror. The court adj
journed, he incoutInently fled the city.
( The defendant was not arrestod-neither
( Dioliter nor as Governor Wise had sug-
gested. Both sides gasped, took breath,
| and both stole out of tho courthouse.
| How we got out we hardly knew, but
I the cri is was over and some of us reve-
rently thanked God.
Next morning when both sides had
somewhat recovered their balance and
| the Chahoon party wanted the ear OF the
! Court for further proceedings or enforce
ment of its decision the Judge was no.
where to be found He turned up Mt
Washington, and he could talk of nothing
| but Governor Wise. whom he declared
| 10 be the ablest and most brilliant man
in Virginia. He was, ke said, the idol
of the colored people, and would I'M
doubtedly be the next Republican can
didate for Congress from the metropoli-
tan district Of the State.
SPIRITED RECEPTION OF "wRITs OF AS
sIsTANCE."
| The Court having refused 10 consider
his proposition of formal disobedience
and formal arrest and his counsel adj
yising that there was no other sure way
of having the decision of Underwood
reviewed by the Supreme Court. Mayor
Ellyson disregarded the decision, ac-
tually holding his court the very morn
ing after 1t was rendered, with the view
OF forcing the other side to have him ar
rested for contempt.
About p. NJ. on Saturday, April I'd,
United States Marshal Boiling came TO
the Mayors Office in the City Hall with
a paper which he termed "writ of as
sistance." He declined TO arrest the
Mayor, but served a copy of this paper
upon him and demanded that he surren-
der the property of the city to Mr..
Chahoon. This the Mayor, after cou-
sulting his counsel, courteously but
firmly declined to do, and the Marshal
retired, 30 he said, to summon q force
adequate TO the execution of the pro-
cess About halt an hour later he re-
turned with three or four others and re-
newed his demand, which being again re-
fused he again withdrew. Ii being
understood that Candy had declared he
would not interfere until the officers OF
the court had made JOna:fde attempt
TO execute its process we redoubled our
guards and our vigilance and held our
place and the city's property, Mayor
Ellyson remaining at the City Hall Sat
urday night and all day Sunday. About
half past l o'clock Monday, April 4th,
two deputy United States marshals APP
peared with an amended "writ OF as
sistance," and in the course of serving it
upon Mayor Ellyson laid hold upon his
person. Captains Dabney and Epps,
who had refused captalncy from Cha
hoon before one was rendered him by
our side, we're in an adjoining room, and
seeing this proceeding through an
open door and somewhat mistaking
its purport, sprang into the Mayors
office, and it came near being the last OF
one of those deputies. Cheerful |
Charley" Epps arrested him and forgot |
TO make it case OF "DlOtiter mdnus |
imposuh." Indeed his grasp far more
closely approximated Governor Wise's
style of arrest, for Charley's vice-like |
hands gripped the one the back of the !
deputy's coat-collar and the other the /
seat OF his psntaloons, and in q jiffy he
would have pitched him headlong over
the railing to the floor below had not
the Mayor interfered. With some lit
tie difficulty he quieted his oyer-zealous
friends, the deputies disclaimed any in
tention of arresting or harmiDg the
Mayor, and this third effort to execute
the "writ of assistance" like the two
preceding, ended in smoke. Mr.. Ely
sons assistance" was little too pow
erful and energetic for the marshals and
they did not make fourth attempt.
A REMARKABLE TRUCE
Chahoon's contempt motion at Alex
andria WAS never separately argued, but
there was desultory discussion OF the
entire case before the Chief Justice at
Washington on the 7th and Sth Of April,
pursuant to Mayor Ellyson's notice OF
motion to dissolve and pursuant also to
an arrangement effected through the in
strumentslity OF Captain Drinkard. This
discussion resulted in remarkable agree
ment OF counsel, which we insert entire
as follows:
IL TEE CIRCUIT Court OF THE UNITED STATES
FOR THE EASTERN DISTRICT OF VIRGINIA
II EQUITY.
George ChahOon rs. II. X. Eyson a. ais.
Motion for dissolution of Injunction in
same case. Motion for attachment against
defendant Ellyson for contempt. and
motion of writ of assistance in same case.
At the suggestion of the Chief Justice,
in view of his pressing duties in the Su-
preme Court. and the length of time which
will probably be occupied in the argument
of the motion TO dissolve the injunction. 1t
is hereby consented by the several parties
that each of said motionsA be- and they are
hereby continued until the first day of the
r. 4 q -. -.