Page:Federal Reporter, 1st Series, Volume 4.djvu/203

 EX EAETB GBISSLBE. 189 �Drxjmmond, C. J. The only question in the case is whether the petitioner was legally arrested, fined, and imprisoned for the act which was done by him, as it appears from the evi- dence before the court. The facts seem to be substantially these : That the relator was appointed by this court a super- visor of election under the acts of congreB8„and qualified as Buch, and went before one of the boards of registration in the first ward of the city of Chicago, to discharge his duty as fiuch, and remained there during the most of the day on the twenty-sixth of October. The registration took place in the usual way under the laws of the state, and about 8 or half- past 8 o'clock in the evening, a man who called himself Miller presented himself for registration, and some questions were put to him by the judges and answers made, which threw some doubt upon his right to registration. They were of such a character as to induce the i;elator, as supervisor, to object to his registration, and in consequence of that an altercation arose between the supervisor and Dwyer, who came with Miller, as to his right to vote. Dwyer claimed to vouch for Miller, and that he was entitled to registration. The super- visor insisted, on the other hand, that he was not. �There seems to be but little doubt that, prier to the act of violence which is complained of, there was offensive language used by both parties. The superviser, while insisting that Miller should not be registered as entitled to vote, may have and perhaps did act in a manner somewhat offensive. He is obviously a man of quite excitable temperament — he showed that as a witness on the stand — and it is possible, therefore, he did not act in as discreet and prudent a way as a man of different temperament would have done. It is also true, I think, that Dwyer became excited and used improper and, perhaps, opprobrious language to the supervisor ; but it is to be recoUected that while we can consider, for the pur- pose of determining what color is to be given to a transaction, the language which is used, we have to look at the acts them- selves, in order to determine wl^ether they are legal. And we must consider the different relations of these two persons, who have both used violent language to each other, and the cir- ����