Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1902-11-29

Of the United States Court for several
hours Yesterday and last night. The hear
ing will be resumed at ten o'clock this
morning. The courtroom was packed
and jammed and every available inch OF
space was occupied, and In the audience
were many of the bestknown men IN
the State, eager to learn the outcome OF
this fight being made against the new
organic law of the commonwealth.
In an issue OF such dignity it was
eninently fitting ard proper that the
Chief Justice of the United states. who
has always been assigned to this circuit,
should preside.
Only twice before in the history of Vir-
ginia has a case of such class and char
acter been entered upon the dockets of
the Federal Courts in this city, and in
each OF these cases the Chief Justice Of the
United States was assigned to preside
over the issues.
The first was in the case of Aaron Burr,
charged with high treason. whose trial
was presided over by Chief Justice Mar
shall.
The second was the threatened trial of
Jefferson Davis on the same high
charge which, however, ended in smoke,
the Federal authorities dared not risk
tlls reversal Of the judgment they had
first won by the arbitrament of force and
arms to a verdict rendered IN the light
Of history and reason. Hence Chief JUS
tice Chase, who would have presided at
that trial, was relieved of the great re-
sponsbility.
4 0IOInentous Issue.
WhatevcI may have l",on the serti
mental results of the latter a"e. h:.d
it ever been brought 20 trial, neither of
these cases compare with the present IN
the momentouS practical consequences in
VOWED TO the people Of Virginia in the
issue now to be tried.
Mr. John S. Wise has attempted what
that great prophetic and profound think
er. Edmund Burke, said could not be
done He has indicted a whole people
and community.
It was such an issue and such a scene
that attracted to the United States Cir
cult Court room yesterday afternoon an
audience that was limited only by the
four walls of the building.
Early in the day the crowd began to
gather, principally OF colored people, at
first, and pre-empt the seats in the court
room without the enclosure. By o'clock
this part Of the room began rapidly to
fill up. At 2:15 the seats within the en-
closure which had been reserved for mem
bers of the bar, out-of-town lawyers,
members Of the Legislature, representa-
tiVeS of the press, and others were rapid
ly filled up, and at 2:So. the hour origi-
naily appointed for the fireworks to be-
gin, the courtroom was packed, stand
ing, ard the crowd ovurfiOwed beyond the
doors.
To- NJ Ger II
There were present practically the en-
tire membership Of the Virginia General
Assembly, the leaders of the local bar,
and many distinguished citizens besides.
District Attorney Allan at this time oc-
cupied the seat at the table reserved for
the plaintiffs counsel. along with the ne
gro attorney, Hayes, out 1t was given
out that he was not professionally inter-
ested in the case.
Attorney General Anderson and Mr..
Frank w. Christian came in promptly at
the appointed hour and occupied the seats
at the table reserved for the respondents
counsel.
Delayed Until ) O'Clock.
Announcement was made at this juno
ture that Mr.. John S. Wise, who had
missed his train, was speeding for Rich
mond on a special and would arrive at
o'clock The proceedings would there
fore be delayed until that hour.
Chief-Justice Fuller meanwhile was
waiting and catching his breath in the
Judges room. He arrived by the Sea-
board Airline at 2:05 P. NJ. and was
driven directly to the court room.
AT 3:14 o'clock Deputy Clerk Dean an
llounced the arrival of Mr.. Wise, but an
other delay of thirty minutes accom-
panied the information. Mr.. Wise was
covered with the stains and dus- of
travel. and asked for an hour in which
to make his toilet and change his clothes
He was granted half an hour for the pur-
pose.
The Court Convenes.
Finally, at exactly $3.50 o'clock. the
Chief Justice. followed by Judge Wad-
dill. filed in The hubbub suddenly ceased,
and the court crier announced the Chief
Justice of the United States in the Gus
tonary formula, while the assembled
multitude stood in respectful silence.
Acknowledgement Anderson promptly
began the proceedings with a preliminary
statement of the matter in hand. The
respondents were ready with their an
swer TO the bill of injunction, he said.
and asked if the court would have the
plcadings read, or if that would be dis
Densed with.
Chief-Justice Fuller said that it would