50

Mr. Alexander said he thought his suggestion would be
satisfactory. We have said nothing to delay—we played no
cards for delay.

Mr. Latrobe.—Yes, you have thrown a whole pack of cards
in our faces.

Mr. Alexander.—If there is any proposition to be discuss-
ed let us know it.

Mr. Latrobe,—May it please your Honor, there is evidence
enough before you in the passage of time to justify us in ask-
ing an order to bring into court the parties. The warden is,
perhaps, within the sound of my voice, exulting, with oth-
ers, in the euchre which has bean so successfully played.

The subject of the order and the legality of amending pro-
ceedings in a case of habeas corpus was further discussed by
Mr. Alexander, Mr. Rogers, Mr. R. Stocket Mathews, (coun-
sel for Mr. James,) Mr. Horwitz, Mr. Latrobe, and Mr.
Schley, at great length, the entire argument occupying sever-
al hours. Upon its conclusion, at 2 1/2 P. M., Judge Bartol
decided that he had no power under the law to compel the
warden, Mr. James, to make a return to the writs of habeas
corpus within less than three days from the time of their ser-
vice, which would be on Thursday morning at 9 o(clock. He
then postponed the further hearing of the case until that
time.

THE WARDEN MAKES A RETURN.

THURSDAY MORNING, November 8.

Judge Bartol appeared in the Circuit Court room at 9
o'clock, as also the counsel for the petitioners, Messrs. Schley,
Latrobe, Frazier and Horwitz, and Messrs. Stockbridge. Stir-
ling, Mathews, Alexander, the State Attorney Mr. Maund,
and his deputy, Mr. Alexander Rogers, for the respondent.
Precisely at '.) o'clock, the warden of the jail, Thomas C.
James, appeared with Messrs ThornsonJ Valiant and Young,
who were warmly greeted by their friends. The court room
soon become so uncomfortably crowded with spectators that ap-
plication was made to Judge Martin, of the Superior Court,
for the use of his court-room, which was cheerfully accorded,
and the hearing, at 10 o'clock, was adjourned to the large
room of the Superior Court.

Considerable time was occupied by counsel in the prepara-
tion of papers, and it was not until 11 o'clock that Mr. Rog-
ers, of counsel for the warden of the jail, (Mr. James,) rose
to read the returns to the writs of habeas corpus, as follows;

THE WARDEN'S RETURN.

To the Honorable James L. Bartol, Judge of the Court of Ap-
peals of Maryland .

The undersigned, the warden of Baltimore city jail, in com-