Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-04-14

By the following extract Of Letter fron
New York, dated April 9Th, it appear
that Mr.. Jciferson's district judge aut
attorney are still going ON in way e
furnish ample amusement 10 all such a
Can find amusementin proceedings which
refsct disgrace upon the whole country
as well as upon the particular agents ant
thoseunder whose authority they act.
You are already Informed tina. the
grand jury have found bills against FIVE
persons, of whom, S. w. @. and COL s.
are two. The latter being in execution
under the process Of the supreme court d
the state, the whole Of the morning has
/ been occupied by the court in cndeavorine
TO fall upon some plan to take him from the
custody of the sheriff, and to bring him
before the court to charge him on the in.
dictment. The defendants counsel have
remained perfectly silent, giving the dis.
trict attorney, however, and the court TO
understand that they proceeded at their
peril. and the sheriff declaring that he
would not give up his prisoner uni ess in.
Identified by somebody. a,
At last an act of congress was found
empowering hejedge Of the circuit cour,
TO issue dabeas corpus ad testfcandum,
directed 10 the sheriff, sc. conm adding
hin TO bring the prisoner into court, &c.
This was accordineIy issued and this after
noon the sheriff came INFO cour. aecempa
nied By col. Smith. a S soon as he appear.
ed, sae aistrict attorney ordered the clefk
to arra!sn him on the Indictment. 70
tais his couaciI objected, declaring the
whole proceeding was irregular, THAI nc
habeaa corpus ad testiGcandum could re.
gnlarly be allowed, unless there was Trial
to be had on an issue Joined ths, there
was no issue Joined upon any of the in.
dicsmen,s found, and therefore The law
cited did not authorize the judge TO allow
this wri, tina, it the writ had been ssu.
ed regularly, twas mere ad testi6ean-
dun, and to petver, it TO any other
use, would be a trick upon the party
and upon the judge who allowed II: that
it would be highly derogarory to the dig.
nifty and justice of The country to descend
to a trick in order TO execute It's laws
After some argument the Judge declared
he would not suffer the defendan. 10 be ar.
raigned whlle attending under habeas cor.
pus ad testilicandum, and he was accord.
ingly dismissed /; but before he had time to
get out OF the court room, he was arrested
by the marshal on warrant founded on the
indictment, and was again brough, before
the court. 1t was stated that he was now
before the court, not by virtue ofthe habe.
as corpus, but under the warrant, and of
that opinion was the juge. Col. S. WAS
then charged and plead in abatement, in
writing, that there was illegal evidence
laid before the grand jury when deliberas.
ing on The bill found, and which he stated
to be the examinations aud deposi,ions to.
ken in March. MIR. 0. filed similar plea.
lhe court were then about to adjourn,
when the district attorney moved the court
thar Col. S. being now before the 4
court be committed TO the custody Of the
marshal. The court ordered him te be-
committed aceordingiy-The sheriff deciar-
ed he was his prisoner. The Judge replied,
:" | cannot help that; sit here 70 see the
laws of the United States executed; Ihave
therefore ordered the prisoner into The Gus.
tody of the marshal. IF you claim him,
yeu and the marshal must settle tka.'be.
tween you; have nothing to do with It,"
In other words, you are two executive Of
6eers, you may contend for The prisoner,
and the stronger take him !1.... The sheriff
however, set off with Col. S. with as aauch
speed as possible, and before the marshal
could get out of the cOurs, was beyond his
reach. thus ended his,dsy 8 business.
Extract 81 letter from a gentleman Of OBJ.
:servatfon at Nezv Orleans, to his cores
pendent IN Lexington, dated January