has no jurisdiction whatever. This fact seems to
have been forgotten by the parties."
The following is the order then entered as directed by Justice Field:
"Whereas it appears from the report to this court of the
Examiner in Chancery in this case appointed to take the
depositions of witnesses, that on the 3d day of August,
instant, at his office, counsel of the parties appeared,
namely, William M. Stewart, Esquire, and Oliver P. Evans,
Esquire, for the complainant, and W.B. Tyler, Esquire, for the
defendant, and the defendant in person, and that during the
examination before said examiner of a witness named Piper, the
defendant became excited and threatened the life of the
counsel of the complainant present, and exhibited a pistol
with a declared intention to carry such threat into effect,
thereby obstructing the order of the proceedings, and
endeavoring to bring the same into contempt; and
"Whereas it further appears that said defendant habitually
attends before said examiner carrying a pistol,
"_It is ordered_, That the marshal of this court take such
measures as may be necessary to disarm the said defendant, and
keep her disarmed, and under strict surveillance, while she is
attending the examination of witnesses before said examiner,
and whenever attending in court, and that a deputy be detailed
for that purpose."
[1] Senator Stewart, who was one of the counsel against her in the
suit.
CHAPTER V.
DECISION OF THE CASE IN THE FEDERAL COURT.
The taking of the testimony being completed, the cause was set for a
hearing on September 9th. After an argument of thirteen days the cause
was submitted on the 29th of September, 1885. On the 26th of December,
1885, the court rendered its decision, that the alleged declaration
of marriage and the letters purporting to have been addressed "My Dear
Wife" were false and forged, and that the contemporaneous conduct
of the parties, and particularly of the defendant, was altogether
incompatible with the claim of marriage or the existence of any such
declaration or letters.
A decree was ordered accordingly, and the court made the following
further order:
"As the case was argued and submitted during the lifetime of
the complainant, who has since deceased, the decree will be
entered nunc pro tunc, as of September 29, 1885, the date of
its submission
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