until the twenty-eighth of October, and to show cause on that day why
we should not be again expelled. In the meantime, the Judge made no
concealment of his purposes, but publicly declared in the saloons of
the town that if we did not appear upon this second notice, he would
make an order for our expulsion, and if we did appear, he would expel
us for contempt in publishing the reply to his article, which he
termed a false and slanderous communication. We knew, of course, that
it would be useless to appear and attempt to resist his threatened
action; still we concluded to appear and put in an answer.
Accordingly, on the day designated, we presented ourselves before the
court in Sutter County. I was the first one called upon to show cause
why I should not be again expelled. I stated that I was ready, and
first read an affidavit of one of the Associate Justices of the Court
of Sessions, to show that the Judge had declared his purpose to expel
myself and the other gentlemen in any event, and that it was an idle
ceremony to call upon us to show cause against such threatened action.
As soon as it was read, the Judge declared that it was not respectful
and could not be received. I then began to read my answer to the order
to show cause, but was stopped when I had read about one half of it,
and was told that it was not respectful and could not be received. I
then requested permission to file it, but my request was refused. Mr.
Mulford being called upon to show cause why he should not be expelled,
began to read an answer, but was stopped after reading a few lines.
His answer was respectful, and was substantially to the effect that he
had been admitted as attorney and counsellor in the Supreme Court on
the previous July, and was thus entitled to practice in all the courts
of the State; that the communication in the Placer Times was written
in reply to an article of the Judge, and that he was ready at the
proper time and place to substantiate its truth; and he protested
against the Judge's interfering in the matter in the manner indicated