Year: 1859

him Under the system that prevailed before the adop-
ton of this Constitution the Clerk derived his authority
from the appointment of the Court and therefore he could
more readily realize his relation to it and dependence up
on it. Under the system, deriving his office
the people he is apt to suppose that he entirely indie
pendent of the Court But when his duties properly
considered it will appear clearly that this is not He
is to take charge of the records and papers belonging
the office to which he is appointed which are the pro-
perty of the Court make all entries in the records order
ed by it, and obey the directions may give in reference
the business therein In dealing with the records and
papers of the Court and all his personal intercourse
with it, he must manifest proper Difference and respect
1T, and due submission to its authority Promising these
general views of the duties of the Clerk of the Court
Will inquire whether Mr.. Gather, in the in which
he took possession of this office and the records
papers therein has at all kept in view his relations to
the Court and conducted himself upon his entering upon
heduties of the Office person claiming be the
ly elected Clerk should have done? He elected the
"o ady o. Norcn6er, 1852 The Governor did not issue


commission to him. until the 10TH dqy Of tGt month
And he did not give bond with security, as required
by law until the 25h day of that month This was it is
true within the time allowed by law which is limited to
80 days Until he this bond had no right to de-
mand the charge custody of the books and naner he
longing the Office During this interval of
days Mr. Turner's remaining in the Office and dscbarg
ing its duties was an accommodation TO Mr. Gather he
cause he not then qualified to enter upon its duties
During all this time, and up the first day December
instant when he dispossessed by Mr. Gather hew
according to what regard the true construction of the
CCinnSuton lawfully dischargng all the duties of the
CLERK of this Court filing and preserving its papers and
making entries in its doCkets of the Courts proceedings
IN legal contemplation under the eye of the Court" &


Nd 45O) and regarded the hand the Court He was
SO employed at the moment when Mr. Gather entered the


once ana look possession OF it, and laid his hands upon
the dockets of the Court in the manner set forth in this
pettion and his conduct is equivalent to his having
rudey ORA ged its recodhook from under the eve of the
Court and stricken its hand from its pages 1t is nm
necessary for to repeat the allegations and statements
of the petition describing the manner and crcumtarces
attending his entrance into the Office his claim
ing the exclusive occupation of it. and order.
ing out those who were present therein They
show, in my opinion, a case of eross personal
rudeness to the individual then acting as the CLERK and
in my view of the Courts connection with tho ofFna |
Huifl
there by and through whom the was then conduct
ing Its proceedings, of disrespect and contempt of this
Court In his abrupt, rude and violent proceeding on
the part of Mr. Gather he disregared the
made with his counsel, from whom, by appointment he
was to have received further advice later hour of the
uSy On wlch ne so acted and who had intended in
OF continuing difficulty with Mr. Turner to have brouobt
the matter respectfully and in proper to the
CONSIDERATION OF this Court for such action upon
consideration it might have thought proper TO take for
the purpose of placing its records and papers his pos


Whilst feel perfectly satisfied that the course which
have Indicated to he pursued by the Court in reference
to newly elected Clerk who exhibits to it commits


oh from the Governor is but paying to the
acts OF that high officer, quite as well satisfied that
the manner in which this newly elected Clerk has taken
possession of this office IS highly dsrespectul and con-
tenPuous and as cannot permit this case to mass as
precedent from this Court and from the office connected
with IT, for like conduct the part others who NAV
rom tlme TO time hereafter be elected to supply the
place OF those who at present ncumbents in such Off
ces and must say, that should regard any Judge as
ueau 10 m true sense of what is due the dignity and
authority of the Court which he presides who
would not stamp such proceedings with the seal of opro
batlon ana visit the party resortng the like with
such punishment as it might properly infct I shall
therefore pass such order may necessary to enforce
his forthwith in this Court to purge
the case OF the contempt that he has committed.


WIN GEO KREBs


Charles F. Mayer, Esq, one of the counsel for
Mr' Turner, asked if the Court would proceed at
once to pass the order.


Judge krebs replied that he would mass II durinc
the morning. but would be satisfied if Mr. Gathers
counsel would say to the Court that they would
present Mr.. Gather before the Court in the morn
ing.


r.. c. Barry, Esq, assured the Court that Mr..
Nalther would be in Court as desired.


MT Mayer asked, merely for information, what
would be the nature of the order the Court was
about to pass-whether it would direct Mr. Gather,
IN purgng himself of this contempt to place matters
III the same condition in which he found them?


The Judge stated that he had not vet decided
upon the exact purpOrt of the order. He might
impose line upon Mr.. Gather, after hearing an
explanation through counsel of his conduct; but the
Court would not hear any further argument upon
the facts in the case.


The docket and seal will remain in the custody of
the Court until Mr.. Gather purges himself of the
contempt when they will be delivered up to him


W m, Louis Schley, Esq, has been appointed
office Clerk by Mr.. Gather


C0UEr Of COMMON PLEAs.-IIon. William L. Mar
SHALL Judge


The following occupied yesterday:


Charles Morton Stewart Us. Robert Turner A
motion Tor new trial by plaintiff. Motion over
ruled Jno Stewart for plaintiff. Barroll for de-
fendant.


UNITED STATES DIsTEIcT CoURr.-Hon VIM Fell
Glles, Judge. VIM Meade Addison, ESQ.,, United
States District Attorney, prosecuting.


The United States as. Francis Bartlett first
mate OF the ship Euterpe. Indictment for infctinr
cruel and unusual punishment on John johnson, one
OF the crew of the ship Euterpe, on the high seas
Before reported. This case was given to the Jury
at one nciock, with instructions to bring in seal
e" verdict, II they should not agree before the ad-
J9urnment of the Court. The Court adjourned
about o'clock, and the jury, agreeing soon after,
sealed their verdict and will come in this morning
= IeackIe Wallis, Esq, for the defence.


SUPERIOR CoURr-Hon. r. n. Martin, judge


The following occupied yesterday:


Wariord. An action 6t eiectment, dRGidsf the win
of the late Rachel Coyin. Before reported Not
concluded