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Could we have any assurance upon which we can rely, we
would be willing to wait a reasonable time. We have a
right to know upon what he founds his suggestions. But it
is staying the hand of the law. We shall prepare our affida-
vits in the case of the Commissioners and ask your Honor to
compel the immediate attendance of the warden with his
prisoners.

Alexander Rogers, Esq., deputy State's attorney, said;
The only question in this case is, is the warden in delicto for
non-return of the writ. There is no return of the writ.
There is not a legal presumption that the men are in his cus-
tody, nor has there been any delinquency. Mr. Rogers jus-
tified the warden in delaying his return, and suggested that
the proper course would be to wait for it.

Mr. Schley.—If the counsel knows that a return will be
made, he ought to know what the return will be.

Mr. Rogers.—I do not know what the return will be.

Mr. Schley.—Then I shall persist in my application, and
will prepare the affidavits, &c., for a writ to compel the pres-
ence of the warden and those in his custody.

Mr. Schley then occupied considerable length of time in the
preparation of the necessary papers, setting forth the facts in
the case &c., which were sworn to in court before Wm. H.
Hayward, Esq.

Before presenting the papers Mr. Schley inquired of Mr.
Alexander what assurance he could give that a satisfactory
adjustment of the difficulty was being made ?

Mr. Alexander.—I will say now, what I said before, that
an arrangement will be made that is satisfactory, but further
I say nothing.

Mr. Schley.—The first motion that I have to make is that
your Honor issue an order to the deputy sheriff to produce
the warden and all the parties immediately in court. Mr.
James is evading the writ. Has he a right to take the
ground that he will, upon his own motion, keep in cnstody
three citizens without any reason assigned, and for some pur-
pose not assigned ? He has been within the walls of the
court-house within the hour. Is this not contempt of your
Honor ? Is it not contumacy ? What right has he to take
outside counsel without consulting your Plonor ? He has a
motive, for it is known to everybody. Three important per-
sons are stayed in their action, and are kept in prison for the
purpose of preventing their action. The law would protect
him if he obeyed the law. But is he not in sympathy with
others ? Mr. Schley next discussed the acts of Assembly
relating to the subject, and said : In this case the order of
the Governor disrobes the old commissioners of all official
authority, and they are now acting without authority. But
we cannot act upon these matters until the parties are pro-
duced.
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