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Domestic News April 29, 1839

Morning Herald

New York, New York County, New York

What is this article about?

Superior Court session on April 27 before Chief Justice C. J. Jones addressed contempt of court due to absent witnesses, issuing an attachment against Stephen Guion in the case of James Morse and Micajah Cox vs. Jesse Winslow, Jr. and Thomas Winslow. The court calendar increased by nearly 30% due to delays.

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Superior Court,
APRIL 27—Before C. J. Jones.—Contempt of Court.—A number of cases would have been cleared of the calendar of this Court if the witnesses had been in attendance. His Honor, the Chief Justice, took the occasion to say, that if proper proof was exhibited to the Court of the service of a subpoena, he should feel no hesitation in issuing an attachment against any of the offenders.

In the case of James Morse and Micajah Cox vs. Jesse Winslow, Jr. and Thomas Winslow, Mr. Brewster said that he was ready to proceed to trial, but wanted the testimony of one Stephen Guion, who had been regularly notified to attend as a witness.— His Honor asked for the proof of service, and immediately directed an attachment to be issued against the absentee for contempt of Court.

A few such examples, and this evil may be remedied; but we are sorry to say, that much time is wasted because certain of our judicial functionaries are not sufficiently firm in enforcing the dignity of their mandates.

As this was the last day of the term, and very few causes having been disposed of, it is calculated that the calendar has increased nearly thirty per cent, from one source of delay and another. This evil must be attended to.

What sub-type of article is it?

Legal Or Court

What keywords are associated?

Superior Court Contempt Of Court Absent Witnesses Attachment Issued Court Delays

What entities or persons were involved?

C. J. Jones James Morse Micajah Cox Jesse Winslow, Jr. Thomas Winslow Stephen Guion Mr. Brewster

Domestic News Details

Event Date

April 27

Key Persons

C. J. Jones James Morse Micajah Cox Jesse Winslow, Jr. Thomas Winslow Stephen Guion Mr. Brewster

Outcome

attachment issued against stephen guion for contempt of court; court calendar increased nearly thirty per cent due to delays.

Event Details

During the Superior Court session, Chief Justice C. J. Jones warned of attachments for absent witnesses after subpoenas. In the case of James Morse and Micajah Cox vs. Jesse Winslow, Jr. and Thomas Winslow, Mr. Brewster requested testimony from Stephen Guion, who was absent despite notification, leading to an immediate attachment order. Few cases were disposed of on the last day of the term, wasting time due to unenforced mandates.

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