Year: 1859

CRCUIr Court BALTIMORE CuY.-Hon. Wm.
George Krebs, Judge.


In the matter of the alleged contempt of Court bv
Thomas B. Gather, the Court Thursday passed
the following order:


In the Circuit Court for Baltimore City December 18th
1853.


Ordered. That Thomas B. Gather Respondent in tr.
foregoing Petition appear in Court the 10th
inst at II o'clock to answer for contempt of Court
committed in the manner in which he entered took
its records and papers the day of December inst
as stated in the foregoing proceedings.


WIN. GEO KREBs


On the opening of the Court yesterday Robert C.
Barry, Esq, one of the counsel for Mr. Gather,
offered the following answer to the order of the
Court


The Answer of Thomas b Gather to a rule or order,
passed by the Circuit Court Baltimore Citv in the
matter of the Petition Of VIM. II II. Turner, against
him, the said Thomas B. Gather the said rule or order
bearing date Of the 18th day of December 1859
In answering said rule order, the said Thomas .
Gather respectively saves all exceptions to the
dicon of the Honorable the Circuit Court Baltimore
City, and of his Honor the Judge of Court to pass
said order, or lay said rule, and he is advised and
respectfully insists, that nasmuch said Turner
had no title right, decided by said Honorable Court
the said petition ought to have been dismissed on that
ground, as well as the ground of want of jurisdiction
o. sad honorable Court to entertain the said petition
Nevertheless the said Thomas B. Gather in compliance
with the eNlgency OF SAID rule, or order appears
Court here, as wei IN his natural capacity in his Of
fetal capacity, the Clerk the Circuit Court for
Baltimore City, and in his official capacity he is read
and willing, and hereby submits, perform obey and
submit to any lawful writ process order rule or com
mand of the said honorable Court and without question
ing the power authority said honorable Court ia
take into its possession out of his possession
the dockets of said Court and the seal said Court he
promptly obeyed the order of his Honor, yesterday an
| nounced; that the said dockets and should be
brought from the clerks office, and be placed on the
trial table in the courtroom, and where they now re-
main, from unwillingness the part him the
Thomas B. Gather to to be wanting in becoming
respect to this Court wanting in courtesy his Honor
the Judge of said Court And he is desrous to
upon the untrammeled performance of the duties of his
office and hopes and believes, manner in which
VHvill hl +t,.
pecatons Of the public and be satisfactory to all per
sons having any connection with the business of said
! Office.


And to much OF said order or rule as reouire,
him. the said Thomas B. Gather, in his natural capacity
to answer for alleged contempt of Court committed
therein assumed he, the said Thomas b. Gather, says
that the circumstances under which he
the dockets and papers in the Clerks Office fully and
truly set forth and stated in his Answer the said ur
tGn of the said VIM II. H. Turner and which crcum
stances therein set forth and stated he the said
now rees upon IN answer to said rule Order in the
same manner as if the here repeated And in
thus referring to his said Answer petition the said
Gather states that he does refer because he under
stood from the Honorable the Jude Of the Circuit Court
delivered yesterday that in acting upon said petition
and the then before him. the statements of said
Answer were not regarded or considered.


And this respondent states that he intended dis
respect to the Honorable the Circuit Court Baltimore
City to his Honor the Judge of said Court taking
possession of said office, in the taking pos
session OF the same in retaining possession his
acts and proceedings after he had taken possession He
took possession because he believed that he entitled
to possession and because he believed that Mr. Turner
with whom he supposed he had alone to deal had not
treated him corteously properly in relation
livery of possession of the apartment for the use
of the Clerk, and the books papers, &C. appertaipinp
thereto And the said Thomas B. Gather further states
that there done by him. presence of said
Court in taking possession of the apartment and the
books and papers therein, act done by him.
or Others at his instance by his procurement near
to the said Court obstruct the administration OF
justice therein Repeating, that in whatsoever lie did
the idea OF committing any contempt of Court
entered his imagination, he declares that he had nc
such purpose, intention notion.


All which is respectfully submitted, this 10th day
| december, 1899 THOMAS b. GATHER.


After the reading of the answer by Mr.. Barry,
that gentleman stated that he had no remarks to
make, but would merely submit it in that form to
| the Court.


Judge Krebs then called Mr.. Gather to his desk
and administered to him oath, to answer correct
! ly all interrogatories which should be propounded
| to him by the Court.


Judge Krebs.-Mr. Gather, you say in vour
to the petition of Mr.. Turner that upon the
day when you took possession of the office, YOU
had agreed to call upon your counsel at o'clock
for final advice and direction.


| Mr.. Gaither-l did, sir.


| Judge krebs.-And that YOU intended so to do
but having casually met of the counsel for the
! petitioner, remark was made by said counsel
which at the time, and under the circumstances
had the effect to irritate and excite you to sueh
extent, that, under the influence of this excited feei
ing and yielding to a sudden impulse without an,
| previously formed intention, you walked into The
Clerks office and demanded possession from Mr..
Turner. Will you state to the Court who