releasing Field, he did it ignorantly, not intending any
contempt by so doing;" and thereupon the District Court ordered that
he be released from confinement, and that his fine be remitted.[2]
Of course there was great excitement through the town as soon as these
proceedings became known. That night nearly all Marysville came to my
office. I made a speech to the people. Afterwards some of them passed
in front of Turner's house, and gave him three groans. They then
dispersed, and in returning home some of them fired off their pistols
as a sort of finale to the proceedings of the evening. The firing was
not within three hundred yards of Turner's house; but he seized hold
of the fact of firing, and stated that he had been attacked in his
house by an armed mob. He also charged that I had instigated the crowd
to attack him, but the facts are as I have stated them. There was a
great deal of feeling on the part of the people, who generally sided
with me; but I did nothing to induce them to violate the law or
disturb the peace. Even if I wished to do so, prudence and policy
counselled otherwise.
When Turner caused the names of Mulford, Goodwin, and myself, to be
stricken from the roll of attorneys, we, of course, could no longer
appear as counsel in his court. I at once prepared the necessary
papers, and applied to the Supreme Court of the State for a mandamus
to compel him to vacate the order and reinstate us. I took the ground
that an attorney and counsellor, by his admission to the bar, acquired
rights of which he could not be arbitrarily deprived; that he could
not, under any circumstances, be expelled from the bar without charges
being preferred against him and an opportunity afforded to be heard
in his defence; that the proceedings of Judge Turner being ex-parte,
without charges preferred, and without notice, were void; and that a
mandate, directing him to vacate the order of expulsion and restore us
to the bar, ought to be issued immediately.
In addition, to this application, I also moved for a mandamus to him
to vacate the order imposing a fine and imprisonment upon me for the
alleged contempt of his court, or for such other order in the premises
as might be just. I took the ground, that as the order did not show
any act committed which could constitute a contempt of court, it was
void on its face, and should be so declared. My old friend, Gregory
Yale, assisted me in the presentation of these motions. In deciding
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