"Judge Turner!
oh, Judge Turner! Judge Field says you are an old jackass." A shout
followed, and the Judge seemed puzzled whether or not he should send
an officer after me, or punish his excitable friend for repeating my
language.
I remained in my office the remainder of the day, and many people who
were present in court, or heard of what had occurred, called to
see me. I immediately wrote out a full statement of everything that
happened in the court-room, and had it verified by a number of persons
who were eye and ear witnesses of the affair. Towards evening the
deputy sheriff met the Judge, who asked him what he had done with me.
The deputy answered that I had gone to my office and was still there.
The Judge said, "Go and put him under lock and key, and, if necessary,
put him in irons." The deputy came to me and said, "The Judge has sent
me to put you under lock and key; let me turn the key upon you in your
own office." At this I became indignant, and asked for his warrant or
commitment to hold me. He replied that he had none, that only a verbal
order was given to him by the Judge in the street. I then told him he
must go away from me and leave me alone. He replied that, "as he was
acting by the orders of the sheriff, whose deputy he was, in obeying
the Judge, he must do as he had been directed." He added, "I will lock
the door anyway," and doing so he went off. I immediately sued out
a writ of habeas corpus returnable before Henry P. Haun, the County
Judge. The writ was executed forthwith, and the same evening I was
taken before the Judge. There was a great crowd present. I called
the sheriff to the stand and asked him if he had any writ, process,
commitment, or order by which he held me in custody. He replied that
he had none. I then put on the stand Samuel B. Mulford and Jesse O.
Goodwin and several others, who were present in the District Court
where the scenes narrated had occurred, and they testified that there
was nothing disrespectful in my language or manner; that I had not
used an expression at which anybody could justly take offence; and
that they had been utterly surprised at the conduct of the Judge,
which was violent and tyrannical; and that they saw no possible excuse
for it. This testimony was of course of no consequence on the question
presented by the habeas corpus; because, as there was no order or
warrant for my arrest in the possession of the officer, I could not,
under any circumstances, be hel
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