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Show THE HERALD AGAIN IN COURT. ; It has pleased tho district courts of this Territory at sundry times, to ad- , vortiso tho Herald, which has been always done gratuitously, and for which , we confess our obligations. Tho latest : tiling of the kind occurred yesterday morning, wlion tho prosecuting attorney attor-ney cited a paragraph from this paper, and was in favor of having tho IIkkald editor excluded from tho court room; but tho judgo gravely intimated that his somnolency on or off the bench, wo proouino, was not disturbed by this paper, for which wo entertain duo feelings of thankfulness; and ho then had his littlo (ling at tho Herald by announcing that its editor preferred fiction to fact. We aro accustomed to those slight judicial and official ebullitions, ebulli-tions, but iiavo no other desire than to roport tho proceedings faithfully and honestly, ruuoguizing our duty before a higher tribunal than that of tho third district court the groat public. Tho offending paragraph, which appeared ap-peared in our report of yesterday morning, reads thu?: taining in advance the demurrer which tho prosecuting attorney intimated he would interpose. Now, were this an error it might havo occurred in tho transcript of any reporter's notes, for tho words "in advance" ad-vance" aro tho objectionable ones, and would not have given riso to a proposition propo-sition to cxeludo the reporter from court by any other than a man moved by a bitter and vindictive animus. But as no verbatim report of the then proceedings pro-ceedings has been published, our reporter re-porter has refreshed his memory by consulting his short-hand notes and comparing them with other phonographic pho-nographic reports made at tho timo. The prosecution had stated a demurrer de-murrer would be interposed against the plea in abatement, and tho defenso had amended that plea, so as to recog nize ueo. 11. Maxwell as assistant prosecuting attorney when before tho grand jury, whon tho following colloquy collo-quy ensued: The Court. What havo you to say, gentlemen, to the allegation that the deputy prosecuting attorney was not sworn? Maxwell. It appears on record. Tub Court. Havo you anything further to say, gentlemen? Kitcu. Wo have not on this plea. The Court. If you choose to submit sub-mit it without argument I shall overrule over-rule it. Fitch. I understand, then, that your honor sustains the demurrer oj the prosecution, and to the ruling ot the court in that particular wo except. This was assented to, and a few moments later Major Hempstead said: "Having disposed of the plea in abatement and the demurrer to it, wc havo now to interpose a motion tc quash the indictment," This demurrer demur-rer had no existence in fact, whatovci it might havo in the "fictions" of the law; it had not been hied; and as ii was sustained, we submit to the verdicl of the public if his honor did not sus tain it iu advance? Wo disclaim, anj intention of misrepresenting or at tempting to create a feeling agains the fairness of the court. The simpli fact was, tho court decided to over rule tho plea in abatement on tl.i reading of that plea, and as the in tcntion to impose a demurrer was onlj expressed by the prosecution, and th( overruling the plea by tho court wa merely what tho demurror would havt aimed to secure, (he statement tha the inten le 1 demurrer was sustained in advance is simply a statemmt ci fact, without prejudice against ai.j person or official. And the man wh( could take umbrago at tho paragrapl would, by so doimr, lead an unprcju diced person to bclievo that he wa! imbued with a deep prejudice thai caught at anything in the least degre appearing to touch him. "Hit birth flutter!" |