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im and ect of complaint. It is precise! ch lan, Rot measure tAnguare or oxtimate its precise THE EVENING STAR, | 226225; : oy For “AUCTion SALus” advertisements eco fourth page of to-day’s Star. LOCAL NEWS, THE COURTS. The Bradley-Fisher Diificalty. Svrnewer Covrt or Tae Disrarer ix Gew- ERAL TRRM—Chicf Justice Cartter and Associate Justices Olin aid Wylie—Zbis morning, Mr bradley was before the Court in General ‘Term, to answer the rule laid on Bt few Gays since requiring Bim to show ¢ why he should not be punished for coatempt. Judge Fisher was not upon the bench. There ‘was quite « large Dumber present at tbe open. ing of the court, imeluding many members of tbe bar. Mr. Bradley stated that, as he understood the Court the other day, there was but a single ich they wished to have discussed, ‘Was as to the legal aspect of tne case— he holding that at the time the order was made the court was funcius officio, and so had no power to make the order. The jury had been eischarged, and then termimated the court, and it was adjourned by the statute itself. The Chief Justice remarked that the Court felt inclined to leave any and all points open to Gircussion if the counsel desire it, and it Goes not wi+D to restrict a full and fair dis. cussion upou each and every point. If the Court erred at all, they preferred to do so by the widest Intitude for ‘nat he did not so un- tthe Court desired onl; pomt referred to discussed. Hence he had not brought in authorities on the other points, and Gov. Walker had not prepared himself to ciscuss the other pornts. Jtdge Cartter—We did not wish to be un- “derstood as foreclosing discussion. Judge Wylie remarked that, as a member of tne cour, Be did not wish to be understood as desirous of restricting the discussion. Goy Walker addressed the Court, saying that De bad not been present when the case was before the court previously, and therefore came to argue the legal construction of the statute. It issn actto prevent any delay or failure of justice m the District of Columbia. ‘The question. then. is, how far, for what pe- Tiod of time the court ts continued by this special enactment. Now, the sole contingeacy upon which the term can be continued is& yry trial, and not one Ronr beyond—the trial of that issue then pending before the juary—and the moment that is determined then the power | ef the court at the new term must cease, for the purpose of the statute is completed. When | the jury is discharged is the moment of time fixed. The court ceared to have apy power whatever as a judicial tribanal at that time. Now, contempt in court ase In court, just perjury would be, and iat of John H. Surratt, case is entire! it is very nataral that the Judge sh bave taken any particul ir notice ot th St the close ef such a jong and tedious trial. But with sil due respect for the Judge for whom 1 have a high regard, I think t proper course would have been to enter arule to show cause why passed upon him. Contempt is an offence Against the law, against a court of justice. boca partof the ad the macare of the ‘There is a period fixed by the iaw, that period = the discharge of the jary, then the sole pur- pose for which the Court was continued is €uded, aud it is in factan estoppel of the pow- ers of tbe Court. I should have ceen pleased | to speak farvher as to the other points im this | case, but not Laving been present in court only | beard from others that the only point indicated | fer discussion was the construction of the | | | | s/arute, | must say before I cleseto your Honors | do not appear in this case as counsel oF my iriend Mr. B. but entered it merely to conciliate, but not Raving been altoge:her able te do s0 will only say that (Mr. B)in his an- swer filed says “thatir be Das said or done Sny‘hing unbecoming a gentieman or law Abiding citizen he withdraws it.” Mr. Bradley read his answer to the rule, as | follows | the Honorable, the Justices of the Supreme Court of the District of Cotumtia:—Joseph H. | Bradley, one of the members of the bar of said | court, makes this bis retara to the rule served | on Bim to show cause «Why he should not be punished for contempt of court, by reason of Said offensive conduct and language to one of | i's members, and relating to the official acts of said justice,” the facts constituting whieh im- puted offensive conduct and language are set eutinssid rule. This respondent takes thi Oceasion to express his satisfaction a: the op- portunity thus afforded bim to present to this court and the public bis version and statement Of the facts involved ic this “investigation, * | snd (bus to purge bimself from any intentional Gisrespect, comtumely, or contempt toward | this court, or any member thereof, in the trans- | sections referred to. And at the outset | be, in the most distinct, explicit and and disa- any intention, or that he did ingly or wittingly doany act, or use any age directly or indirectly to impuga the juctof Mr. Justice Fisher in his official Bor did he, so fa: unequivocal terms, disclaims vows ice In Bis said office, orin any matter tonch- ing oF relating to any judicial act of said Jus- tice. To the contrary, though he says he hath ever demeaned and meant, aud intended ap Bimself towards said office as Judge, w: the respect and de- corum which is due tothe judicial officer from ali, but especially from every member of ihe bar of th % he avers. and will en- Geavor to sbow to the satistaction of this Court that Re did so demean himself in respect to the instances set out in thi ie. This resp ndent bow proceeding to make his return to the sev- eral matters of fact and aliegatioa requiring | ~invVestigation,” and set out and contained in | the said rule and the recital thereto, proposes to divice the rule into several distinct y the more ready comprehension of | the whole subject involved im this supposed contempt. He must therefore assume that the order of Justice Fisberis takem by the court to be part of the charge against the respondent, and not the finding and judgment ofa court competent to pass said judgement. In any other case, and treating abd considering that & final judgement by a court having jurisdic- ton of .the subject matter, and person, this re- *pondent bas not been a member of the bar of this coart since the moment that judgement ‘was pronounced, and the present proce sding cannot be maintained. Taking this view of tbe case, this respon- Gent understands that it is charged: First. “That on the second day of July last, this respondent did immediately atter the court had taken a recess until the following morn- ing, as the presiding justice was descending trom the bench, accost him in arude and in- -altipg manner, and charged Rim with Raving oifered bim (Mr. Bradley) @ series of insults | trom the bench from the commencement of tbe trial.” Secend. “That the Judge disclaimed any in- tention whatever of passing any insult, and ®seured Mr. Bradley that be entertained for him no other feelings but those of respect. Mr. Bradley, so far from accepting the disclaimer, thereupon threatened the Judge with personal chastieement.” > Third. “That immediately after the judg- ment of the Justice wa) pronounced, ordering the name of this respondent to be stricken from roll of attorneys practicing in this court, this respondent asKed—‘Has this coart been adjourned !’ and being answered by the Judge in the negative, he ssid -—-Then before it does adjourn I desire to say, im the presence of this audience, that the statement you ha: made is utterly false from ing to end. Fourth. “That on the same day ana imme. diately after the adjournment of ssid court, this respondent followed the ssid Jastice into one of the etvest onze, tn this city, and then and were sanded Bim the letter or nove set out im ae” To enc! a every one of these allegations tbe respondent answers not guilty of any con- tempt And proceeding to answer them severally im detail, Be says: The Court nad been aged for nearly @ month in the trial of the case of the U which bad been commenced in the March term of said Court and continued over under the act of Congress, and after the legal expiration of that term and afier the commencement of tbe June term of the Court. The trial had been @ most fatiguing and exacting one: the Court room been crowced to repletion, and both a St Justice and the counsel engaged in emuse bad been made sick in Addition to the exiraordinary wear and tear which the case itself baa produced. On the frst of July, a witness on the stand. had made 2 most uni assault upon Mr. Mer- Tick, one of the counsel for defense, Sod his detendant Bad. after tbe adjournmeat of the Court, visited the presiding Justice and Drought |e facts to Risattention. and bad with bi & most santas agreeable snd a — the nextday, Leonie ange Jai a ‘nt, a8 be and otpers who comme! pam may jo bis Bearing auderstood if, immedi- aely afier the Steer oon ‘phane ap: cidenta of whieh this Dad reasom to complain. but Tully stated im the tot a "our: adjourned on wat « ef Jus! was sitting wa aftr joined by there coa Gent was sitting side of the court. into Mr. Philly PRibps Went towards, nd, "5 tne res, bts t be. Hieves, owt of the front door of the ding. ‘This thea went to the court-room and was taiking with Mr. Phi: paying off the witness, when came into the court-room, passed by this Tespondent, and Sscended the steps toward the Lewes of the way only—reached forward bis hand under the des of the beaco, took what this respondent believes was an ombrelis, and turned and was descending the steps towards this jpondent. Before he re. turned to the court-room, the Judge had lett tbe court-bouse. the prisoner had Bone dack to Jul; the crowded audience, except & few who sull Hpgered, most of them about the doors, had dispersed. Some of the w: ithesses, who Were waiting to be paid off, still remained. As the Jvdge approached this res later addressed bim these wo: what do you mean by treating me as you hive done to-day?” These are the identical words be used. and the only words he did use at that {ime. Ot this he is positive, distinct and clear. ‘The Judge replied in great excitement, im respondent’s face, and With insalt, as this respondent unders( bim, for he immediately said, “You :msult me, sir. I am too eld. ana Ry bpm aer Bt this bar and in this community yuch that 1 cannot submit to such indignity.” These words tnis respondent remembers. He may have added, “No man shalt insult me with impui ity.” but of this he has no distinct recollection; but he distinctly states and avers as 8 fact, to the best of his recollection and belief, that was said at any ume bj during that imterview about ‘i words which this respondent the judge bad treated him with in Judge, it said dignity, but not one word was said which could be tortured imto a reference to the official conduct of the ju ards this respondent, except as to hat passed that day, until the j ing ‘was sice, thi be stance, t leave. ts in here. I ~ st your age.” ae beat " my receliection, 1 added) “Step out with me. out, if you dare.” T respondent replied, “I cannot decline that invitation, we will go into:a pri- vate room and settle this matter between our- selves,” and stepped towards the Judge, when he was seized by Mr. Phillips and several of- ficers and forcibly restrained, and while he was thus held, the Judge, extending his clenched hand towards him, said, « You knew where to find found.” ollected, "or “where I am to be ‘The precise phraseology is not ree- at it Was one or the other.) “Il am every form for what I say or scoundrel and a coward.” Enis jent replied, «+I cannot bandy epithets, wait, and turned and left him; parsed slong in front of the bench to the north side, satdown by the Chief Justice, and so little disturbance bad the occurrence created, that although it all passed within eight or ten feet of Dim, it had not attracted his attention suf- ficiently to invuce him to look around. ‘Thus this respondent has replied to and answered the first allegation, and if his ver. sion and statement of the facts are ‘rue, it will sufficien'lv appear not only that he did not Accost the Jucge in & rude and insulting man- ber, nor charge him as stated therein; but it is | clear that he did not offer the Judge any in- sult or dignity, or offensive conduct or lan gbage, ip reference to any official but whatever did pass between them of an of. fensive charactor was a considerable time after the court had adjourned, fined to personal acts and language as indi- viduals, having no reference to any official matter, Dutgrowing out of what occurred at tbat ume. He maintains that he had a perfect right to seek trom the Judge an explanation of his con- duct. The Judge bad a perfect right to refuse it, and put his refusal on the ground of his othcial character. Had he done ¢o no further inquiry wouid Lave been right. Butif instead Of doimg so he entered into an altercation with respondent, they stood to each other as indi- vidual citizens, not as judge ard attorney, and ne ther the Judge nor any court coula pre- cred against the party fora coatempt. it was no contempt. 23to the second allegation, the respondent says: He distincily avers that he did not hear Judge disclaim any tuiention of passing 8n insult, nor did he hear him say tbat he en- tertained for this respondent no other feelings but those of respect. He bas already stated tae facts as he understood them at the ume, snd as he bas learned trom the by-standers Who were near him, they understood them in every material point He avers, in the most directand unequivoeal terms. that he did not threaten, nor mean or aptend to threaten the Judge, nor did he say or do anything from which a threat of personal violence to tbe Judge could maturally be ine ferred. avers tat be did not approach or address che Judge with, or for a moment nar- bor such an intention. His object was an ex- planation of what he felt to be an indignity offered to bim in open court, and he wished that explanation to be made in the presence and hearing of some of those who witness d tbe supposed tadigmity. If he had heard any offer Of an explanation, it would have been most, ing to him, and would have faily sat bis desire. division ef the allega- Now as to the third tions, This respondent says the portion of the eport of what passed at the time referred tois imecmplete. He says, as reported by Mr. Sut- On, aud as it in Jact occurred, there should be added to the report as follows: Judge Fisher.—Crier, adjourn the court. « The Crier.—By order of the court, it is now adjourned. “Mr. Bradley.—Now I will say it . * Judge Fisher —You can say what you like. It you wieh to make a speech to the crowd, you cam do so. “Ter. Bradley.—in the first place, 1 say you have no right to expel . wee me. The Suprems Court alone can do that “Judge Fisher (leaving the room.)—Very ‘Weil, take an appeal. That is all.” This respondent will n ‘illingly or know- inely do Judge Fisher any injastice. T' Jucge, in the recital of the order now to be considered, bas shown that he understood the tacts very diiferentiy trom the statement of them just made by the respondent. But it is clear be is mistaken in supposing these inci- dents occurred immediately after the Court bad taken the rece-s, as the presiding Justice Was Gescending from the bench; and at that and caged when point ¢f fact he was not nearhim. The Juagge, as the re-pondent ts informed, is him- self now satisfied it was a mistake. This re. spondent has no design or desire to raise a question of veracity bere with Judge Fisher, but be gives bis recollection and understand- ‘ng Of the facts from nis point of view, and as be poted them down within half an hoor after they occurred. This Court knows too weil from iacts trauspiring every day before it, tbat the most learned and intelligent men will differ in the narration of facts occurring under their immediate observation, 1 bad no interest. tated bis recollection of the facts if he had found himeel! corroborated in every material point by persons who were accidently near bim. No one can consider the extremity of bis surprise when, on the luth ef August, more than & month after the occurrence, at the close or the case, the presiding Justice proceeded to render bis version and recollection of those facts ss set out is the order now tobe —: ered. en Tespondent had a! believed that he was the injured ty. He knew fall well that he had sub- par mitted with great diMidence to the mandates and rulings of the Uourt, and to what he felt aud had beard others hed indignities of- fered to him on the 2d of July in = court; and that Be bad not offered to the Judge any insult or offensive }: for of on account of those matters, but he was amazed to find bimself so charged with such an offence, or thut the judge had so understood him. Having curing that month fully considered the question, be bad come to the couciusien of law which he still bolds, that the Judge had BO jurisdiction to ‘t bim fore eontempt Without notice, and he had received RO Botice of such And he now along we! ot2d Mare! probibited it, and vo that extent. Third. The on! y guage ae is tolerated and allowed in this oar every day in amswer to bills in chancery, and in all proceedings Aseries of facts are intended to Be pet in issue. Indeed the idea of contempt oF disrespect to the Uourt did not ter bis mind, nor did he intend any disre- pect to the Court. What followed that ian. suage and bis return herewith shows he meant no disrespect to the Court, but to put in fesue that statement of facts which he had a right to do it the Court had no jurisdiction. There was no time wed for a selection of phrases. It was to be prompt and decisive, and to deny the facts and chalien, the yuristiction at once. Theacts and language imputed to him involye his character and po- sition as & member of this bar, and he had no notice, nor had enything been said or done which coaid bay at him on his guard. So much for th oral question. But this respondent most respectfully submits it w: nots technical contempt That most eminent lawyer, jurist and judge, the late Chief Justice Taney, speaking of the power of the Uourt to Punish contempt, says: “+ The power, however, is not an arbitrary And specific one to be exercised at the pleasure of the Court: but it is the duty of the Court to exercise and regul it by @ sound and just judicial discretion, whereby the rights and in dependence of the bar may be as scrupulous! guarded and maintai: ‘by the Uourt as the Tights and dignity of th» Court itself,” (19 How- ard, 13.) And it has been said by amos! equally nigh authority: “ The inevitable rale is that a judgment rendered without citation or notice or opportunity for defense, is a nullity; m erroneous nor voidable, but absolutely void. It is @ cardinal principle in the administra- tion of justice that or divested of bis portunity of being ad the op- d. He must either by service of process, publishing of notice, or in some other way be brought into court, and if judgment is rendered agai him before that is done, the proceedings will be as utterly void as though e Court had undertaken to act where ject matter wasnot within its jurisdiction; (7 Howard Miss. Rep. 277.) If this respondent is right and he ts perfectly confident that he is, he committed no techni- eal contempt in the response he gave to the Judge or in the manner of that response. And thus Re trusts he has shown that as to his third ground of the charge he did not mean to com- mit any contempt, and was not guilty of any technical contempt. The fourth accusation relates to his de- livery to Mr. Justice Fisher of the letter set out in the rule and tothe time and manner in which that was done. iis answer to that will be foundin part im his answer to the first head. The letter speaks for iteelf and shows tnat the matter com- plained of had nothing to do with any judi. cial act of Judge Fisher, but was specialiy di- rected to the insult aiready shown to the Court, which immediately followed his decia- ration that be was responsible for what he said. That letter was written on the 7th of August, whem it was supposed the case would be closed. It was to be delivered as soon a: the case was closed. For no man-ef any cha: Acter or sensibility could rest under,the msalt which the respondent, had as he understood it, receivec, @ moment longer than was ind spexsably necessary before seek. ing an explanation and retraction of it it was then supposed that Judge Fisher was surrounded theu by infinences which would prevent or disturb apy attempt to ob'ain such explanation and retraction. Besides it ot deemed advieable to seek those explanat or that compromise and adjustment of private quarrels which too often result in a breach of the peace in a jurisdiction, when the parties mi; ht be made amet able ton criminal proceed- ing befo e the court of which one cf the pai ties was amember. So far as this goes. it is re- pectfnlly submitted that this court has no jn- Tisdiction to try this respondent for a contempt. He concedes that if he had sent a challenge to Judge Fisher, it might have fallen within the Supervisory power of this court But it was not a chailenge, nor meant not intended for ove. It was precisely what has been sited, opening @ way for an Rmicable setilement of a private controversy; aad to remove any doubt n that subject. this responden: had with. diawn it before any action was had by this cc art in bis case, or any intima‘ion given that any action would be taken on it. to the manner and time of delivering the fectr, and that Judge Fisher left the room, as staied in Sution’s report:—This respondent Gid bot know where he bad gone, but was bimeelf on his way to his office when he saw Judge Fisher sitting at the window of a street car bear the corner of his office. The car stood there until respondent reached it, and he en- tered it and delivered the letter to Judge Fish- er with all due courtesy, and without noise or hostile demonstration. If he had not accident- ally seen him, as he has stated. he should nave gone Capers A to his residence us he had already suffered long ery Under the impu- tation he has mentioned. His object and de- termination was to open the speediest way to that explanation and retraction which every bonorable man must be desirous tomake when be becomes satisfied he has done an injury to Qnotber. in this be conceives that so far from mer. iting censure, be is rather entitled to comme: dation, as iid not send a hostile me: but took the initiative step for explanations delivering himself a respecttul letter, when might with propriety have considered the door closed against them, except as the voluntary motion of the party supposed to have done the wrong. Certainly he was not a ty of any ane court in so doing. mn, the Court shall not be ds are sometimes sub- jected, and out of sudden heat produced by Such misunderstanding, he most respectfully asks, and begs leave to insist asa right, that be shall be allowed to produce such proofs as may be within bis reach tc support of hi fatement; and if it be d materi Court has doubts as to the law which thi respondent deems applicable to this case, tha! be may be beard by counsel. In conclosion, and thanking the Gourt for the indulgence they baye shown him and trusting that he has satisfactorily shown that contempt, moral or teehnical, towards the Court, or toward the particular member of it indicated im the rule, in any matter relating to his judicial position, was not intended, he Jeave to say that in mak- ing this minute and detailed statement he bas confined himself to so much and such Parts of the facts re! absolutely necessary to a clear understanding of bis position. He bas fatly and fairly stated the tacts according to the best of bis recollec- on. Batif in any respect he has been mis- taken in regard to them, or if he (however un- intentionally) merited any contempt of the Court, he bas only toexpress his most pro- found regret, and to ask to be permitted, so far as possible, to recall any act and withdraw y expression wDich might be interpreted as indignity to the jodigial tribunals of his country, snd especially those of bis native dis- trict. whose dignity he would desire to uphold on all occasions. (Signed,) Joszru H. BRapiey. Sworn before me, November 4th, 1567. R J. Muios, Clerk. At the close of Mr. Bradley’s answer, Chier Justice Cartter announced the decision of the Court as follows ‘The -ubject of this Joquiry, nt to every member of the 'ul to be talzed about as the organ of the 88 must be ap- bar, is too pain- in detail by the Court; and Publication of its decision, I do not Cg ap to talk much about it. The probability is tnat 1 could not maintain my Own tranquility in doing so. It seems as though we had Indeed falien a very strange times as ® commanity. The history of the last six years bears testimony to this fact. The political experiences of the coun- try are the experiences isobedience to Jaw and authority in almost every branch of government, and that experience has not fully eoace. it remains the inaeritance of -day. The citizens of ‘try are pained by the necessity of witnessing ‘week by week and by day an antagonism between the different departments of the Gov. ernment. each denouncing the other as viola- ting fundamental authority. This example on the part of the teachers ot baad ag apical been followed by the people down humblest individual, and even by =I tentious to g00d morals, unt hear ration Pome 2 in resistance to constituted authori- ty fie force, the Court bas seen Mt to void the con- as it originally & #6 1m (ais rule, and leave the doubts, surrounded and co.ored by excitement, to the explanation ef the con- sciences of the parties, as far as they mav be Sble to remember tbem, or to the explanation of oblivion, which is the bet‘er treatment of occurrences transpiring im the midst of pas- sion observed ‘The court in this rule, 85 It will be in asking the explanation of humility from one of the most distinguished Members of the bar, commenced where that discussion and discre- pascy of recollection left off, when the facts ae well ascertained. 8nd when they are uo- denied. Th» investigation before us begins with tbe Inoguage of the respondent in reference io the order of the justice bolaing the Criminal Con't, is contin’ d 10 that which followed that order, and to no extent embraces matter con- tained in it or any mater preceding {!: though, for myself, 1 must be permitted to remark, in this connection and im relation to that trial,that the power of the Court to protect itself would have been felt long before nad 1 been presiding, or the case would have been ad- Journed for want of power toenforce its pro- tection. The deportment of counsel in that case, antecedent to avy discussion between the judges and counsel, who is the respondeat in this rule, was only to be explained by theex- citements incident to the case, 8ad should have been visited with a prompt admonition. Lan- gunge such as “a witness is in my protection aI will teach you how to respeit him,” is Bot compatible with the protection presumed to be afforded by a Court that presides over a case, and that holds the doctrine tuat wit- nesses, attorneys, and clients are ail under Ks Protection, Such an assumption of the jurisdiction of a court cannot be submitted to by the Qourt ‘Without subjecting itself to well-merited con- tempt; for a court that submits to a contempt Of its suthorivy is and ought to be itself held in contempt; and when & court permits the Members of the bar to assume its tly needs @ protector of its worde. it mani protection. 1 only allude to this inasmach as the facts of that case has to us, not asa part of the present issue here, but as an expia- nation of the morale of the deportment on the occasion of that trial. The case here begins, as I remarked before, ‘with the recital of the order of Judge Fisher, dismembering the respondent from the bar. Woether that order in its inception was justi- fied by practice, by authority, or whether its Judicial obligation attaches to this Court, may be adebatable question, but itis sufficient Jor tis ease to say that that order does not enter into it. It was not transpired antecedent to that order, or what was incorporated into its body that is made the subject of investigation now, but it Js the followipg reply of counsel upon its be- ipg pronounced or entered up. Mr. Brad- ley—“Have you adjourned your Uourt: or. is the Court adjourned? Judge Fisher—No aur. Mr. B.—Then before it does adjourn, 1 desire to say, in the presence of this audience, th the siatement you bi Tead ts utterly tals from beginning to end. Now, whether the Uourt was adjourned or dissolved as the mist of the morning is dissolved, it is clear that neither the Judge . Bradley at that time regarued itas having been adjourned: yet be it uader- stood that their opinions are not conclusive upon the question. 1f there was then no Court capable of protecting itself as a Court, what- ever misconception may have been obtained upon the part of the Justice holding it or of counsel at the bar would not change the character of the case except in its quo_anino. Was there a Court there? It is very ingeniously and metaphysically ar- gued that there was none; that the act of Congress continuing the unfinished trial from one stated term of the Criminal Court isto another merely carries the frial into such court, but does not prolong the court itself; or tbat if if it carries the court into such term, it carries it shorn of the power of self-protection. or at least deprived of such power the moment the jury is discharged, which 1 regard as sy iy Renomous propositions. 1t will be readi ce needed that a court possessing the dig- mity and power to preside over the admin- ‘suation of justice when the life of & citizen is at stake—a casa second in importance to none, and especially the case on trial at that time, would have the power in- herant and incidental toevery court to pretect the majesty of the administration of the law and the tntegrity of the tribunals from misbe- bavior of its officers or contempt of its author- ity. The law is guilty of no suck urdity as putting ite tribunal upon such a grave mission without arming that tribunal with all the agencies necessary to protect the administra. tion of justice trom its original process to its final conclu: The court must therefore continue with the judge, not asa man, not simply asa jndge, bu: court. Itisimma- terial at what stage case, or whether at all, as far as this que~tion is concerned, when this imaginary or real offence on the part of the respondent transpired. The point of time a ich the court ceases to bre: the re- is upon the discharge of jury. The court has no power, after ischarge, to do anything else; can- except complete thé case iy ex- ae cannes FanRir te i cidental offences of contempts arising out of the trial. That view of the cases, itappears to us, 8 elevating the incidents of power to the position of the fuadamental power of the court. It makes this power no longer dependent upon the rightand daty jus t mal tio. we cannot accept these positions a correct. We believe that when Judge Fishe made bis order, and when Mr. Bradley pro nounced its statements false, there was a (ourt discharging the highest functions known to the bench with responsibilities surrounding i: surpassed by none institu'ed by the law. so fur as the parties, who bad moral participa- tiom or prote-sional participate im its trans- actions were concerned. canse it is no trifiing matter to hold the ‘scales in which a man's life is weighed. But passing from that point, for we bave no doubt @bont the fact that Judge Fisher was presiding over the Uourt until he aa- journed it in the ordinary way in which Courts Of justice are adjourned, which is the uniform and only manner known in the prectice of OQourte. Proceeding beyond this point and looking inside of what transpired witnih Court we do not understand it to be seriously contended by the very able respondent to this rule thatit wasno:in fact acontempt. Weun - derstood bim to impliedly admit that it would have been a Contempt provided there had been & Conrt to reduce to contempt, but to insist tbat inasmuch as in nis jadgment there was not any there was no attempt—could not be any. Tt is true that the respondent urgesin bis answer that be entertained no disposition or intention to impugn the dignity of the coart, but for this he assigns the reasons that there ‘was no court, and that, besides, he felt it to be bis duty as a man to meét the falseheod on its utterance, and repel it as soon as it was ut- tered, eo that he might not be regarded as as- senting to it. That 1 understand to be the pre. dicate of the metaphysical purgation of his Proposition, and be refers us to authority on that point. ‘He refers us toa bill in cery a fraud, in which ali sorts of iniquity fraud are charged on the part of a party court. The argument is as we under- stood the eo a Las = Jobn Doe bas a t in a bil in chance: to charge Richard Roe with being rascal, therefore & member of the bar basa right to charge & member of the Court with being a rascal. Knowing, as I do, the clear percep- tions ard great ability ef the respondeft, my admiration of them causes me to believe that ‘be would not rest the case upon th’ y there is no phrase in a cery or in an answer ing of good eatnonts ios charg Gourt with iy ood authority a in o} Court. For whee the rea) etal mee i E i e if rt i I g ; i | f i 3 tre ¢ i i S i 3 if By i z i é i 4 Lig 8 =e & 3 5 i : a fe i +98 a i HY H i Pe i Hi i fl i i & E Itis this. Contempt of coor! tk an incident io the progress of judicial business then before the Coart. 1f there bea case on (rial before the Court at the time alleged comtempt is of- fered. the order for the punishment of the of. Zence dors not constitnte @ neve case, bat is al. Ways enter‘nin’d as part of proceedings of the mse on trial; beuce, in the eye of the law, the lauguage of Mr. Bradley cannot be separated or torn from the case which had been on trial betore Judge Fisher. Now, with reference to the paper that sub- sequently followed, altbongn th: gued by counsel in the nature of a conte: pt of court, though it entersinto avother field of in- | wiry on the purt of the cour, and that is as to the professional depart- ment of the members of its Bar, of which they are made the caard in this by the law and immemorial usage eoensary to discuss it, but it has ot in this matter. It is said that this DAper was not ndiced wiih & view to fighting. I presume it was not. 1tis my impression that two thirds of them are not, unless the party sending such cam get some ad vantage as to dis- tance or weapons and assassinate somebody. ‘The language of it is this: “Sir In the alter- cation which occurred between us, when you returned to the conrt-room after the adjourn- ment, on the 2d of Fe i gen observed that you were sick, and were pleased to add ‘you kKuow where to find me.” That looks a litth like intimidation. It looks a little as if ‘Would come witbin the code «| gentlemen,” (which is the ordinary I beleve) as thongh there were n: cept those who settled moral and metap! cal questions with gunpowder. whereto find me. I bold myself responsible inevery form for whatever I say or do, oF ‘words to that effect, after which you applied t me most approbioi ith There is but one interpretrtion of such an tmidation recetved among gentlemen.” Th: has the ring of tbe old metal in it. “1 told you 1 would wait, and 1 am gratified to find ihat you h@ve recovered, and that the trial of then pending case being now closed. we are now both at liberty. That no time may be necessarily lost, I beg that you will let me know &s soon as you can conveni- ently when it will suit you to meet me out of istrict.” Thatis an old ear mark also. ‘That we may arrange toour mutual satis- faction the point of difference between us with- out incurring the risk and odium that might ac- company any controversy here or in public. To the same view | take the liberty to Band you this note m person. Lam, sir, &c. Now, we are obliged to believe here that ‘was not intended as a challenge, because a gentleman of the bar in high standing, and ‘with whom it is my pleasure to say there has never been any misunderstanding, etther in personal or official rejations, says it was not so intended; but while this may beso, we are sure that the respondent would not ciaim that everybody else would not understand it to be a challenge, and that the Judge who received it might not be very excusable for understand- ing it im timt light. Mr. Bradiey.—May I interrupt your honor to remark that [have mot as yet heard of any one who has read it putting that constraction upon it, . The Chief Justice —Well, 1 am not very fa- Miliar with the code honorabie. Mr. Bradley.—1 did, it is true, read the af- fidavit which led to my arrest, but notwith- sianding this I have never heard any other in- terpretation put upon it than that it was a paper opening the way for matual explan: tons. The Chief Justice, Well. 1 do not know what it means, then. It is not, however. im. portant te (his question, and I would not giv it that construction of @ challenge in & crimi- nal case without knowing that it was so intend= ed. My impression 1s, that it does not mean much of anythivg. It carries about it very suspicious badges that Somebody might mistake for a challenge, in their ignorance ot @ thorough Knowledge of the code honorable. 1t is not, however, said before, strictly involved in the investi tion of this case. We do not base our act! upon that paper, for reasons not only made apparent here but for reasons th: may look to the future. We muderstand that an ivesti- gation bas been initiated and we have felt the propriety of parsing il by. Our action is based upon the first cli as great compelled to do sincere regret: we all estimate the great great power as an advocate of the mt and the —ilarge space he occupies at this bar, when we remember the many geod arguments he has made before us, and the many agreeable relations we have bad. whilst learning, the it becomes almost an impossibility to do our daty, and I wonld not do it without feeling that I would under similar circumstances lay my own head beneath the ax. It must done, however, and therefore the judgment of the Court is that Mr. Bradley be dismembered from the bar of this Court. Mr. Bradley—{ do not know if your Honors please but that I ought to express to the Qourt my thanks for the manner in which this pro- ceeding has been conducted, and at the same tame for the manner in which 1 have ben dis- Missed. 1t was my purpose at as early day as practicable to retire from practice at this bar, it is the manner of my taking off, as ea pear says, which affects me most. 1 have had many pleasant hours with the court, and so fir &s my intercourse with your bono: the bench isconcerned, 1 think it been disturbed up to this time but ip one single instance, which I am happy to say resulted in what I regardas a very warm Srendahip. in taking my leave of the court, if L can be said to toke my leave after having been turned out, 1 desire to return your honors thanks for having dismembered me from the bar. OgrHane’ Court, Jwlge Purcell.—Second general, and second individual accounts of Richard G. Polley, guardian to orphaus of Thos. McG uire, approved and passed. ———— es RonpgRY or a SToRB—For a number of Months past the store of Carter, Yates & Wis- Pall. dry goods dealers. 7th ‘street, near the avenue, has been piliered of valuable goods, iaced in the hands of Messrs. Bigley and oly, detectives. who set themselves to work. and last evening becom- ing satisfied that Francis OQ. Edmonston, one of the.clerks, was the principal im the robberies, (coz bim in charge. He was taker to head- qusriers,and made a clean breast, acknowl- edging that he had given the goods to Huttie Bailey, one of Madam Wolfe's girls, who, with Kate King, had previously been «-spotted” by the officers on account of the stylish dress, &e. The officers took possession of the bag- gage and found about $250 worth of silks, Plaid hich goods, & further hearing by Justice eee G2EMAR CO-OPERATIVE BUILDING ASsocrA- TIon, No. 2.—A new organization of one of those now-popular institations took place last evening, in the Arion Hall, 355 7th street, and many of our most respected German fellow- citizens are members. About 300 shares at $250 per share were taken, and a resolution Pareed to elect permanent officers on Friday, J6th, at the German Hall, 11th street, between ¥ and G streets. The following well-known citizens are connected with the association: Onarles Kioman, Wm. Metzerott, Aug. Se! hausen, F. Tobriner, E. &. Schmidt, Aug. Schmedtie. CHARGE oF Ropssry.—O: H. Lust robbed of @ lot of female wearing aj longing to members of his family. Holmer, @ servant in the house, was Monday last W. ,Tesiding tn, the ‘Sixtn Ward, was Sera however, recovered ity - til this morning, when detectives Mi Coomes, who bad the case in hand, got a clue and found them to all parties. ered service on the 24 instant. MARRIED. oT He At others Canta Sibert orning, ‘by Bev. Dr. wie Huei eae oa ter of David Ue bay! formerly of ——————— ee THOS. RUSSELL & 00., to B.C. Dyer & Co., PERsoms ‘wishing to #1 Who reside on Capitol Hull Yard, will please leave their orders on North A street, second door east of Fourth, Ospitot Hil. and D ——_e___ Ax Error.—The price of our Melton Over: ed with Onssimere, is §>, yesterday's Star. conta, Joun Cocco: street, Agent Eee ited BLACK all wool Cassimere Pants. at * & Oo, 517 7uh street, between Avenue not $5, as A. Saxs & Oo., SIT 7th street. anticline db) nDin, an, ck Beaver Suits fer gen- © One Price Clothing Siore, Maryland avenue. ove to No. Sil telligencer Building, about Janu: ih street, In- Ary Let. Sener oneal Lockwoon, Murty & TaYLor, 3% Penn- sylvania avenue, have opened anew stock of Ladies’ French Castor Gloves and Gaunt. lets. ——_e——_ Lapres ean find at M. Willian’s, 3361Penn- sylvania avenue, Cloths for Cloaks, cost $6, at S4 per yard; Cord and Tareels, cost 75 cents, at 25 cents; Tassels, cost 50 cents at 10 cents: Trimmings, cost from 50 cents te $1, at 10 cenis per yard. The goods are last year's stock. 3 ——_o—__— LADIES, DON'T FAIL to see the new patent Hoop Skirt, the most comfortable and cheapest in the market, at Banm’s Corset and Shoulder Brace Manufactory, 49 Louisiana avenue, — a treet. 7th 81 streets, continues the successful treatment of Bad Nails, Enlarged Joints, Moles, Vascular Excrescences, Warts. hours from § &.m. to 6 p. tablished for consultation. Es: sylvania cloths, Ri of all and Bed Clo. Shuck M: S large ——_o—_—_- We Apvisz oun Reapers to call at A 506 Ninth street, ene door from Pe: and oe ae Jarge and Well-selected stock of te, ets, Oi fogs and Mats of sll kinds Blane: colors, ready-made Sheets and Pillow bing of all descriptions, Hair ‘tresses, Hair and Feather Pil- assortment of Gilt Window Shades, Linens and Fixtures, Table overs of ali kinds, all of the first quality, and at the lowest cash prices. Remember 5's 9th street. eae GovEREMextT Satzs.—1 would call the at- tention of dealers and others to a large lot of new Cavalry Jackets, Coats, Paats, Shirts, Blankets, &c. Pour cops, Durillion: dans Ia chair, consuiter le Doctear White, etabhi depuis 1$6i—a son office N sylvapia avenue, entre Ia qu: teme ru PEx® e, eas TRS can be had in any quantities at Star office counter. A. Adameon, 606 Ninth street, one door from Pennsylvania avenue, 4d Ongles rentres GEORGETOWN ADVER’MTS. o'clock L. KID N BROTH DeTield at Society Hall. corner of Pr streets, TO-MORROW (Sunday) EV o'clock’. General O'Neil and other will address the meeting. Irishmen w favoring the cause are respectfully requesied to It tend. WELI at Old Trinity Ch Mr. JOHN i address the meeting. T a fit ENIN ure he publi C.RYA ic. are invited to N. Secretary. EN at others RGETOWN | RHOOD. will | itixh | [3* THOMAS DOWLING, Acct; Georgetown! | And ot The Library, consisting of Ttaliay no8 ALE . ¥ALUAB ke. FAT AUC AY MORNIN, Ss 1D. gravings @ general painted in oil F valuable Oil Palutings, Drawin, ALso, rare French, atin and Englixh baoks MH. DOUGALL. E 8 DO THO ci {Intel. and Courier.) 1K HOUSEHOLD FrR. E OtL PAINTINGS TION G.N ber 35th at 10 et ce of th treet. y* Leonardo da | «ete A BE of Potomac, statin, Post C GPFAT NEWS IN OLD GEORGETOWN D-ROOM ROOM WANTED—A Gentil: idge mi Georgetown, no 7-3t™ Sellingoff the entire stock of DRY, MILLI NERY, and FANCY GOODS, at and below cost. in order to change business. Allin want of the above goods will do well to call at once. Store will be kept open until 8 o'clock. At i JUTMAN, 117 Bri idge street, Georgetown. D.C AVANA ORANGES, Marshmallow Drops, neh Candies. just received at WALLACE $5 Bigh street. Cocoanuts, . and Whiteman's fine | ‘arome! no2lw*" B* THOMAS DOWLING, Auct.; Georgetown. E£XECUTOR'S SALE OF VERY VALUABLE DESIRABLE PROPERTY IN GEORGE TOWN AT AUCTION AND On WEDNE! streets wide all double two jot fronts by The improv tory Dwellin, SDAY, November 13th, at ¢ o'clock P.m., I will sell, in front of the prenut hat vaiuable Rroperty occupied by the late Philiy Harry. The feet on the north side of Prospect street. between Frederic M depth of 138 feet 6 inches toa ts consist of en ig House. k and Market large ‘Terms : One-third cash; balance in 6, 12, and 18 mont with interest, secured by a deed of trast on the property. Conveyancing and stamps at the cost of the purchaser WM. H. DOUGAL. Execntor. THOS. DOWLING Auct. Este NEW STOCK OF FALL ANDWIN- TEE GoopDs. okt Has re i D Shaw es, an JOHN H. 8MoOT, 119 Bridge street, Georgetown, D.C. celved end Cloak and Sack most di a now ‘offers, at the Tot! xandre on ¥in’s. and Couverseir’s Kid Gloves; Josephs’ kid Gloves Gents at $1.25 per pair. Ww of all reads; Merimac! Ladies, Misses and ‘oolen, Merino and Cotton Hosiery; Blan- it Cig hes; Mareeilies and Al- ne ie Damask other Prints: Irish Linens, Tab) Bird Eye and Scotch Diapers, To Nap: kins; Ladies, Gent § other warm Gloves is; Woolen Yarns, and Notions generally. Alsos large assortment of Virginia Cassimeres, and other makes of French and American Cloths. for Gents and Boys’ wear, with a general assortment of Shirt- Thee, sh "Shirting Flannels, Lindseys aud Domestics. Having resumed business Inet Sprins offered ii we HOICE NEW AND CHEAP DRY GOODS. The subscriber ‘has purchased largely since the Tecent line, and is now sellii oods at lower ex than they have beeu sold sizes the wer. Hie Ehawies lerrimack., 8} inets. imers Merino oc 14-1m* Ww SByeine and Cloths, very ~¥ to. lannels, Blan! yard wide, 125 under Vests and of DRESS GOO! and most desirable sty! the finer alities. ets. Bi 20, 25. ot mings. Gl Hosiery, and None great inducements DS fa large. embraci less Also, Cloaks chef Musil nare to hasers. Git acall. PRENDAMIN MILLER, 101 Bridge st., Georgetown, D.C. a Pare en pe sesso feat, xT eee SES Saeco i cae KR ALL MEN 5 ete Sam: to Spanish, | of HELusoty's enone cash | Mr. Augstin Daly AMUSEMENTS. NATIONAL THEATRE. LAST NIGHT OF JAMES BE. MURDOCH, Who will appear in Shakespeare's gre! Piece, HAMLET Supported by the full strength of the Company. MONDAY, LADY DON In the New Sensational Comody CASTE, With New Scenery and Appointments. it TABLEAUX THE BESSFIT OF THE CHUROU OF NATION Episcopel)at Motzerott Hall. om MONDAY ENING r November lth, 187. at 6h; Tableanx commencing at 7% TS. 50 conte. he Twelfth Ini ntry Beg aod Tuaver & NOYES’ GREAT CIRCUS AND TRAINED AN MALS. OPEN EVERY AFTERNOON AND EVENING. Corwer Lovisiana Avenve ano Eceverta Sterer. ADMISSION... 20 che. CHILDREN under Ww years of age -24 te, not-tt Pos tivEry ONE WEEK ONLY METZEROTT BALL, Commencin, NO ™ ‘ONDAY BER 4 TWO LEVEES ON MONDAY, NOV. 4, 1867, The balance of the week” " THREE LEVERS EACH DAY, oar At 1 & m. ath RETURN FROM £) three years) where the peared bef pearly all the Kings. Queeus, Emperors and Ne- bility ef the Old Wor THE GREATEST WONDERS OF THE AGE! Four bea ical med LADL RE. COMMOEDY AND Miss MIN S87 Ladies and Child y aa. vised to attend the DAY EXHIBITION, aud thas avoid the crowd and confusion of the Eveuing Per- formany ately Admission 2 cents: Children : Keserved Beats, 80 conte; Children tinde conte Evening Performance—Admission to all parts of =, 25 couts; Children wader ten. 15 cents. NED DAVIS. Agent. WALL'S NEW OPERA HOLS ‘Stage Director. Mr. JAMES DUNN tion Drama UNDER THE 6 reat New York fal EK AND RAILROAD SCENES, As played for OVER SEVENTY-FIVE NIGHTS IN NEW YORK. Ticket Office for securing seats now open. be SO-tf ASLIGHT , and its thrilliag Seaeee verre CHILDREN’S CLOTHING x GARIBALES AXD ZOUAVE FROM $6 50'to $25 PLAIN AND FANCY TRIMMED sUITs FoR CHILDREN bree Years (ld and Upward. Me “CHILDRESS FINE OVE Ts FINE BLACK CLOTH BEAVER SUITS Good Black Cloth Frocks SS os soca, ge, Black Cloth Frocks, 610. OYS' COLORED AND WHITE shal: SHIRTS F CHILDRE 38 Piain, Fanc INFANTS’ AN MERINO SHIRTS Boys’ Genuine Buckskin Gauntlets, Boys’ Heavy Cotton Bocks, SOUTHEEN CASSIMERES, i sUiTs GENTLEMEN AND YOUTHS FREE PROM FLOCKS AND SHODDY Sitk-mixed Suite. #20 Double and Twist Suite. $20. Stand, im-mixed Suite, $25. 300d Business Suits. $12 aud $15. Kentucky Jeans Sul! nits, Good Heavy Overcoats. $1 Waterproof Tweed Over THE FINEST SELECTION PIECE GOODS cic ceaatsrd M work, LOW PRICES EDWARD HARRIS’ and other famous Domestic, French. Austrian, an English Coatings. Beavers, Cassimeres, &., made to order at KEW YORK PRICES. HEAVY RIBBED AxD FINE PLAIN MERINO SHIRTS AND DRAWERS, TOR LAMBs-WooL SHIRTS AND DRAWERS, FOR Very fine White and Scariet Flannel Shirts and Drawer Bo try Knit Soc Warranted Buckskin Gloves. Heavy Blue Beaver 8 Youths’ Black Cloth 5: Children’s Biack Suits, Fancy Velvet Vests. Fancy and Plain Siik Vests, e Duck Vests : jard School Suits, $6.50. Suits, @=. ys’ Double and Twist Suits. $10. irginia Cassimere Suits. Boys’ Water-proof Tweed Overcoats. ONE PBICE ASKED. NO LESS TAKEN. GEO. C. HENNING. No. S85 Seventh street, near Mary! land svenge, Corner of Seventh seen ont Maryland avenne, deeddddedddedeeddcededadd AVINGS BANK. “A PIN A DAY IS A GROAT A YEAR.” Oall at the corner of 19TH ETREET AND PENNA. AVEN FREEDMEN’S SAVINGS AND TRUST OO. CHARTERED BY CONGRESS. ‘The Central Office of this Company is new situated above, and is carried on in connection with the Branch. OFFICE OPEN FROM 9 TILL 3. fon Sey ver bacen rertmeuts are made in UNITEP STATES Dag age tee heny ga0.00. HELMBOLDs ©0! Is the