Year: 1868

rostpOneuent OI the NlcCardle Case Till the
September Term.
WASHINGTON, March 81, 1858.


In the Supreme Court TODAY Associate Justice Mel
son said that a motion had been made to advance
the cause er parte Martin and McGll and the court
had come TO the conclusion not to entertain the mo-.
tion. 1t was therefore denied. He said this was a
case which had been several times before the
court. 1t was on appeal from order from the
District Court OF Florida sitting as circuit court
in criminal case of murder. In which 1t was al
legged the court had no jurisdiction. 1t was proper
to suggest that the remedy If the REALTORS are ent
tied TO any, by writ OF habeas corpus from this
court, through the District Court sitting criminal
court and certiorart under the fourteenth section
OF the judiciary act Of 17S9 This was the conclu
sion OF the court. 1t remained for the counsel to
proceed accordingly II they saw proper. The above
Is Is o.; aa6eas corpus case from Florida. the parties
points similar to those in the McCardle case
Judge Nelson said that motion was made yester
day oy Mr Black for leave to argue the McCardle
case under the aspect 1t presents in view OK the
recent act OF Congress. One of the counsel, Mr..
Black, WAS not now IN court, but the conclusion OF
the court was that, II there was objection, the
court would hear the argument at the opening OF the
court on Wednesday. 1t should here be stated that
he did think that the recent act OF Congress with
drawing from this court jurisdiction in this class of
cases was OF any effect In reference to the McCarde
Mr.. Carpenter objected to the argument on We'd
neSday (t0-norr0Wl. AS II was case OF much i'm
portance he should like more time.
Justice Miller asked Mr.. Carpenter what time he
wanted.


Mr.. Carpenter replied that II the subject went over
tomorrow 1t would necessarily go over the term.


Judge Nelson said the court would let the question
stand till counsel (Mr. Black) came In.


After pause in the proceedings OF the court wait
ing for the arrival OF Judge Black, Mr.. Sharkey SAID
he saw no necessity for arguing the McCardle case
any further and so far as he was concerned he
should merely like the privilege OF filing. a few
authorities for himself In the absence Of Judge
Black. He was willing to submit 1t on q memOran-
DUN.


Judge Miller asked Mr.. Carpenter whether he was
satisfied with that course.


Mr.. Carpenter did not think he was. The matter
ought to be presented on both sides.
Judge Miller understood Mr.. Carpenter to suggest
yesterday that the matter should be argued, but
that the court should settle the matter for ITSELF


Mr.. Carpenter replied to Judge Miller that he did
not suggest what course should be pursued.
Mr.. Sharkey remarked, Judge Black is not here.
Judge Clifford asked, Why Is he not hereY
Mr.. Sharkey said he had got out Of sick bed to
come here. He repeated he had little memoran-
dum and handed TO the court. He did not wish to
interfere with Judge Black


The court after consultation said, inasmuch as the
counsel are not now prepared to argue the question,
and as the court was now approaching the end of the
session. 1t must OF necessitO go over till the next
term. This was the opinion OF the court.


After hearing an argument In the case OF the Chi
cago and Rock Island Railroad Company VS. Daniels,
by his next friend, the court adjourned until next
Monday. when, after the delivery o. opinions the
present term Will be closed.