Show 4 f t tim reto 0 etez kres 1 HIRD hudnal JUD nAL AL DISTRICT kurt COURT WEDNESDAY august 10 1859 totite lovenea ty vy the uie marshal Vilai dilative lve ive to the tse tase ot of Wll williams IIams liams vs hennefer hen nen nefer neter mr wil wit eki eai was enable unable to furnish the bin of 1 as promised having been so unfortunate as to tose losi Ws journal and day book of that year years and therefore he lie asked leave to withdraw the tha papers to amend them was granted aran ted by the court mr ur blair biair gave notice that at an early day he be would file motion A or the discharge of t thomas colbourn Col ool bourn boorn the aise sise arse of charles U M drown vs william A hickman was called elied and by consent of parties tried without a J jury ury ary M jo riah flah arnold was sworn and examined on the part of the plaintiff and wm win and louis hatch natch morris mecham and terry for the defendant mr williams addressed the court for the plaintiff and mr miner tor for the defendant the defense claimed that the note had bad been paid in california and that plaintiff lad bad neglected to destroy the note on his return to G 3 L city judgment for the plaintiff mr blair biair moved for tor a severance of trial triai in the case of the pe people ale kle vs henry E phelps and henny henry spiers and that irs he tried that afternoon court directed a venire ventre to be issued for twelve qualified persons persons to serve as jurors re turn tarn abie able at 21 2 12 1 2 P pm m sto to which whick dourthe court took a recess 2 13 13 12 pm couri court court resumed its session the case or of bradford leonard vs john bair bain argued on i yesterday Tet set erday was called up and judgment rendered as per prayer or the petitioner for mr biair blair gave notice that he would file a motion for a new trial in the case of drown vs hickman be also withdrew his motion for a severance of trial in the case of the people v vs phelps and spiers the prisoners henry E phelps and henry spiers were arraigned for trials triai trial charged with robbing charles P F mccarty in oct last of dollars the court then proceeded to impanel a jury and the I 1 result was as follows royal barney accepted archibald N hill accepted ami aral R jackman had bad formed an opinion john R clawson claw son challenged peremptorily by defense daniel wood wow challenged peremptorily by defense lewis robison Rob weon teon accepted john quincy knowlton accepted samuel snider accepted chester cheater loveland Love landy laudy accepted 3 SD D sirrine challenged peremptorily by defense charles 31 donelson had bad formed an opinion joseph woodmansee accepted court ordered the marshal to summons tal esmen to nil fill the panel charles A kinkead ein Cin kead challenged lo 10 for tor r cause by defense john M moody challenged peremptorily by dele delt defense uses mr williams said eald it load had been bus customary tomary to adopt the common law rule in regard to the number of challenges for jurors and he wished the court to make a luling to the same effect liis 1113 honor tersely replied I 1 rule that the statutes con troi the common law D IV SIrrIne 9 accepted henry woodmansee accepted lutker accepted reber heber P kimball challenged peremptorily by defense court issued an attachment for jd mr r id mccarty the pros proa witness in the case before the courty courts court he having wilfully neglected to appear marshal dotson returned in a few minutes and brought with him mr louis simmons who after being sworn stated that he bad beard heard mr williams tell mccarty to go away to some alae south of where be he was then sta standi ns la in main street on hearing the foregoing statement the judge felt and expressed presed ez himself indignant at mr williams unwarrantable proceeding to the gentlemen accepted as jurors juror his honor remarked gentlemen of the jury you have not been sworn or im panne led kd but hot the prisoners have been ar arraigned and you will not ba be wanted till tomorrow to morrow at 10 os clock the marshai marshal ra will take taue custody of the prisoners and deliver them oyer over to the jalle jaile rot ruf this county to await the order of this courts courty court and meantime the court will enter a rule against thomas S williams returnable tomorrow to morrow morning at 10 to show cause why he should not be at this juncture maj Mr williams came into late court and aad wished to know what was before it his honor replied the court has acted upon the apse case and will show you the affidavit on which the ruie rule has been entered ruu nuu ton soa will be served with a rule and then you can answer after examining the affidavit mr williams denied the c charge barge and said he be was amply able to defend himself i he then proceeded his case lui lut the judge ordered j him to take his big seat ills nia honor lala gala ho bb ud did not prejudge the cage clee but he felt it t to be his duty to protect the dignity of the court mr williams asked the court to allow the old recognizance to stand for the prisoners till tomorrow to morrow morlin merlin but the court refused the prisoners having been arraigned the court required the witnesses present for the prose cution cation to enter into recognizance for their appearance tomorrow morning mr williams preferred to enter inta int new recognizance for the prisoners till tomorrow to morrow but hta hla honor refused to take ity its K stating that be he intended to haye hare them taken care of in such a way that he would know where to find them tomorrow to morrow court adjourned tilleo till tomorrow to morrow at 10 am le 10 am court met pursuant to adjournment mr ur williams stated that he be was ready to defend himself elt eit elf on the motion to disbar him mr williams was sworn after which he made the following statement I 1 will win state to your honor that so far M M my y aiding or assisting in any way shape torm form orman or man ner net in the escape of the witness mccart McCar tj it la Is untrue 6 which I 1 am ready to show and prove by witnesses and I 1 am willing to leave it to the witness himself to say whether I 1 furnished him any means aid or assistance direct pr indirect 2 to help him to go away and I 1 will say that I 1 would have given a good sum out of my own pocket to have had bad this witness here last evening mccarty mccarly P A jackmann Jack jackman many durphey and Bd edmundson were sworn and examined for the dei sense tense of mr williams after which his honor sald bald the report was made to me on yesterday and under affidavit that you yon mr williams had told this man mccarty 3 in a public place places to go down yonder or to go to the livery stables and get pet a hone horse now I 1 take it as you have said sald and as your witnesses have testified that it was a drunk en spree that the parties were engaged in you tou must see that under these circumstances it was very difficult to ad minister the law in a court of justice and I 1 could not do otherwise than enter a rule against you but hut I 1 am perfectly satisfied that you yon have exculpated yourself from the charge therefore you are not disbarred dis barred mr mccarty against whom an in attachment was issued on yesterday was fined the costs of the proceeding eding the court resumed the of the traverse travers ejury jury josiah arnold challenged peremptorily by defense charles M drown accepted 9 V jones challenged peremptorily by defense matthias cowley excused by the court morrison Morr ibon lson mecham accepted acce pled pied ibe the jury were sworn by tours fours the judge instructed the jury in relation to the trial of the cause before them hosea stout stouty esq conducted the prosecution gen wilson being sick and not able to attend court and opened the case to the jury and mr williams opened tor for the prisoners charles P F mccarty richard james M and joseph whitmore were sworn and lesti testified fied fled on the part of the prosecution atter alter which the court took a recess for half an hour 2 rpm PM couri court resumed its fission and proceeded to hear bear the testimony for the defense miner allner and williams addressed the jury on behalf of the prisoners and mr stout tor for the prosecution while mr stout was peaking speaking to the jury juryj mr williams interrupted him several times for which the court ordered him to take his hla seat the grand jury came into court and pr seated two bills 0 of f indictment the judge then charged the juryj in the case of phelps and spiers instructing them in lathe the important duties they baddo perform pointed out bothem to them the law Is w u pon upon the subject and cause before themy them the provision of the statute relative to a jury being agreed the jury retired a little after seven and returned into court again at ten minutes past nine to get some further farther instruction from the judge the judge informed the jury that it was their special province and particular duty to decide upon the case according to the nature and strength of the testimony and not his bis at all the constitution of courts are such under our government that it Is your province to deal with these matters of facts tact fact to hear the evidence and decide what its effect Is the jury retired and shortly afterward ent sent into court to have parties dispersed that were hanging around their room i the judge ordered the marshal to disperse all parties found around the jury roomy rooms room and ia athey 11 hey were gain again found attempting to invade the sanctity of t the J jury ry room to arrest errest them and bring them before him at five minutes to eleven the jury were called into court and asked if there was any probability of them agreeing in a verdict the foreman replied in the negative mr pearson was sworn as baill bailiff irto to take charge of the jury for the night and the court adjourned till tomorrow to morrow morning a at 10 FRIDAY 10 am court met pursuant to adjournment mr ferguson sied filed an answer lo 10 the case of burr barr vs young and others grand jury came into court and his honor thus address ed them gentlemen of t the 11 e grand jury on yesterday I 1 addressed you some remark remarks sp and I 1 understand that in the minds of some they were taken as a reproof they were not so intended bame by me the circumstances were extra extraordinary 2 and went to show the condition of things outside this house bouse and my remarks were not intended for any other purpose for you could not possibly have instituted an fri til inquiry into the subject that I 1 thin then addressed you upon but I 1 did think it a proper occasion in a public charge given publicly to throw the influence of this court in favor of law latr and order that Is exactly what I 1 meant and nothing more I 1 said that a man maa that you yourselves had bad found a bill against bad been brought herey berey here and that he lie had bad been shot down in the street that all the rights of the law had been overridden I 1 did not make those these remarks vindictively towards any ones one but to vindicate the common coman forum of justice which under our government I 1 regret that uch such an impression has been made ad tipon upon the minds of some ot of the members of the grand enry for tor had bad they considered it they could have ha seea seen that no im ira had been thrown upon them I 1 intended to give the grand jury Inform information atlon regarding the occurrence but I 1 did not cot intend to impute anything to them for they have hare discharged theis their duties with great assiduity and dispatch and have kept proper rel rei relations iong long with the court yet this man having been brought upshere up here by proceedings that they had bad instituted I 1 did not think it proper to discharge them until the full course ot of the law lav bad been instituted in circumstances like these eliciting private feeling and aad causing a general excitement the surest way in ment dent of calming all such uch turbulence and aad of putting a stepto top to all such deeds Is to make the uw law as vigorous as possible po filble and to let it go to its utmost pitch we cannot approach the dissection of these things in a court of justice surrounded with alt sit its sac lac redness with passion we must approach them with the calm deliberation of re reabon reason ason and iet let justice be done sitting here under the authority of the united states sute I 1 haye hare to tossy bay say to you that I 1 am for law and order I 1 have bare nothing more to bay eay to you gentlemen of the grand jury mr wells said lo 10 explanation tor for the grand jury we did pot not come into court on yesterday y e ii berd i y with I 1 the expectation of being discharged and we think the court is laboring under gome some mistake ills nis honor aepli the report was that you yon had no further business mr wells answered it was a mistake the grand jury did not wish to make that report the grand jury rett retired redy after which the traverse jury were called all present the foreman presented their verdict in substance as follows we the jury find the prison prisoners ersy henry E phelps and henry spiers guilty as charged in the second count of 0 the indictment and we assess the term of phelps imprisonment at three years and that of illers spiers at two years in the penitentiary at hard labor the rhe jury were polled and all answered affirmatively the prisoners were remanded to jail to await sentence llis his honor then discharged the jury mr biair BlaIr made a motion for a new trial in the case of drown vs hickman Ulc kman I 1 mr de wolf asked leave to withdraw the suit cult of halliday vs james M dyer which was granted court took a recess till 3 pm court resumed its session miner and william williams filed a motion for a new trial in the case of the people vs phelps and satere asked to have the prisoners brought into court on the arrival of the prisoners 2 mr miner proceeded to argue the motion for a now BOW trials trial and contended that henry phelps was indicted by the grand jury but that henry E K phelps was the person found guilty morris mecham and D W sirrine were sworn and examined relative to the conduct of the jury mr Mecham a sald said id he be could only testify to having seen one person at the jury room window windows and that was mr miner several questions were asked in relation to the separation of the jury at the end ot of which his honor said I 1 understand the whole operation gentlemen it is known to tome me that the jury separated they sent me a sealed verdict verdicts and it is well known to me that the jury formed their verdict sealed it up and sent it to me by the marshal marshals and they came into court this morning to formally present thenn their finding mr miner offered to make a statement to show why he ass was near the jury room roon window ahe the che judge remarked dj well sir air I 1 intend to disbar you no man shall practice at this court that will do such things while I 1 preside here ton shall have an opportunity to defend yourself at the proper time mr stout called upon mr lewis robison Rob lson laon who testified that be he saw mr williams at the jury room window mr williams called mr ferguson to prove that a buffalo robe was brought iky liy witness to mr robi then asked mr robison line fide did not intend to ile lie there and wear jury out the judge told the witness that he need not answer that question and then said to mr william youn tour are assailing the integrity of that jury they have some responsibility and you cannot ask questions that will disgrace them now bir sir it Is very strange to make such remark to say that mr robison intended to wear them out by hanging on it is a very improper question to ask god only knows what hia hla wasy was wag and to say cay what his intention was is saying baying something that nobody but god knows except be manifests it by his acts we do not sit bit to try what mens intentions |