Evening journal., 1897-02-10
CENSURE ALL AROUND.
The Court Thought it Had
Been Trihed With
IN THE ELECTION GASES, PER Sc

IN THE ELECTION GASES, PER Sc
COUNSEL MARVEL MADE A PER-
SONAL EXPLANATION TO THE
COURT AS TO WHY HE HAD SAID
THAT WITNESS HAWKINS WAS
ABSENT OTHER TRANSACTIONS.
When Superior Court reassembled
this morning there was a goodlyattenu-
ance of members of the bar. The court
handed down a decision ON the motion
to strike ont certain pleas in the case
OF the Norfolk Lumber Company vs..
William Simmons. The decision was
that the second plea of defence should
be stricken out. 1t is merely a techni-
cal pleading.
MIR. SMYTH'S WILL.
The case of Sallie e. Smyth VS.. Mary
Ella smyth and Elizabeth A. Smyth,
named as executors in a certain paper
writing purporting to be the last will
of David p. Smyth, was brought into
court.
This was an issue from the register
of wills on the question of the authen-
ticity of the will. II was sent to Su-
perior Court for a jury to decide the
question. Lewis G. Vandegrift, repre-
senting the register of wills. All the
counsel being present, and ell agreeing,
asked for an order returning the Issue
to the register.
From this the inference is taken that
the contest over Mr. Smyths will has
been settled
COUNSEL MARVEL'S STATEMENT.
Josiah Marvel asked leave to address
the court in a personal explanation.
He said that on account of the various
statements and misstatements that had
been made, he wanted to assure the
court that in his two years of practice
before it he had dealt with the court in
the utmost good faith. Yesterday.
when he found that Deputy Sheriff
Ratledge had failed TO locate Milton II.
Hawkins, he Immediately formed the
opinion that the witness was out of the
city, knowing him TO be in the insur-
ance business as the travelling repre-
sentative of a company whose head
agency was at Crisfield, Md. This, to-
gether with the information of his
clients, which he also believed as given
in good faith by them, led him TO sug-
gest the affidavit upon which the post
pOnement was granted.
THE COURT INDIGNANT.
Chief Justice Lore, for the court
said:
Mr. Marvel, you knew that your
statement that the return Of non est
had been made was not true, and still
let the court remain under that inn
| preston"
Mr. Marvel-"When the sheriff told
me that no return had been made. ther
l said Iwill tell the court that no re-
turn has been made; and then the
statement was made to me that th'
courts ection would be based upon th'
affidavit alone
Chief Justice-"The court did moi
state that to you. The courts action
was based largely upon the return OF
non est, showing the exercise of due
diligence as stated by you. We did not
examine the record We took youl
statement. as we win of any reputable
attorney, of this bar. and make no in
! quiry, unless we feel that we are com
| PEELED to-
Mr.. Marvel, we accept your expla-
nation, as we are bound to do that OF
any attorney of this bar"
Here the chief justice intimatod that
hereafter all subpoenas or returns
would have to be examined in
| grave manners like the election cases
AT this juncture. Tilghman Johnston
arose and said: Your honor, I appeal
that this thing ought not to be done
IL is not right to hold this whole ban
responsible for the mistake Of on,
man
1T shall not be done. siri" exclaimed
Judge Cullen, who had dissented iron
such proposed ruling by the chief jus
tice, and seemed somewhat exercised
by Mr.. Johnston's objection. The chic
justice said he would not reflect on any
member of the bar.
HERE 1 AM'-MR. HAWKINS.
Milton H. Hawkins. whose absence
yesterday caused the postponement o.
the election cases, was seen by an Even
ing Journal reporter this afternoon anC
seemed indignant that he had been pu
in the newspapers in the light of hid
ing from the courts.
81 am here, said Mr.. Hawkins. "anC
was not six squares from the Cour
House when all the alleged excitemen
of yesterday occurred. ! have no d,
sire 20 be pulled before the public in ;
false light I did not know that
would be needed yesterday in the ele,,
tion cases or / would certainly have
been in court. ! told some friends OF
Monday that I was going away oil
business and many people had the i'm
preston that I had gone