Alexandria daily advertiser. [volume] (Alexandria [Va.]) 1803-1808, 1806-04-12

aud retired, the counsel Of Mr.. S. G. Og-
Rden stated to she court, that in behalf OF
his bail, Yho had been bound by recogni.
zanee for his appearance and atte ndance
at this time, they had brought him into
court and now moved 70 surrender him In
their discharge. This was consented to
by the attorney of the district; aud the
surrender and discharge of the bail being
entered, the district attorney moved the
court for the commitment of Mr.. O. TO
the custody of the marshall. This applica.
ton was opposed BY his counsel, who con-.
tended that It could not be granted unless
seme ground was then shown to support 1t
that the defendant being now in dlferen,
court from that in which his recognisance
was taken, this cen,t must act upon infor-.
nation then before it, without regard TO
what had happened elsewhere and that It
was Inconsistent with the principles OF Il
berty that any citizen should be imprisoned
without knowing precisely the charge made
against MIN.
The district attorney replied, that as the
original cognlzance had been taken before
the sane Judge who was then on the beneh,e
andswassheretorc perfectly acquainted Eith
all the facts, it would b1 absurd for him to
cali for new information, 10 govern his dis
erosion, and that whether he would order
a cemmitmeneo or NOT was matter merely
of discretion. OF this opinion was the
Judge, and the commismen. was order.
ed.
Application was then made FOR a hsbsas
corpus which the Judge allowed, and the
marshal Immediately made return there
30, stating the commitment, &c. Upon this
the counsel for Mr.. e. moved for his dis.
charge. because itsdid not appear upon the
face Of the return that he was confined up
90 charge of having comnitted any Crime,
but his commitment could be considerable
no other light than as a general svarfaat,
whichwas odious to the law and dangerous
to the citizen {: that the court had no pow
or TO remand him to prison unless 1t ap.
peared that he was charged with crime,
and upon oafh. The judge replied that, he
knew VIVA, the prisoner was confined for.
and that was cause enough to remand him,
which he did: that liberty was to be sure,
sweet, but the coert would sit but a few
days, and an itnprsonment for that time
would be no great hardship.
Application was then made 20 admit Mr..
O. to bail, TO which the judge consented,
if bail was given for appearance &c. IN.
10000 dolls. The sum was objected 10 as
excessive, but being insisted on, bail was
given.
Another application was then made to
the court by Mr.. O's counsel, the argn.
menis on which was postponed to this.
day.
Extract Of another letter from ". FORK,
dated AprilS, 1906.
You are already informed of the proceed.
ings of the circuit court in relation to Mr.,
S. G. Ogden, SO far as his being held un-t
dor recognisance with sureties Ia 10000,
zdollarsfor his appearance, Sc. After this
last step, his counsel prodacea and read
his deposition and that OF colonel Smith.
Mr.. O's deposition stated, that he had bsen
arrested by warrant issued by Judge FALL
mage, which was to this purport, that
--'' Whereas there was stong ground
to suspect thai S. g. Ogden had been con.
cerned IN preparing and providing the,
means of fitting out certain ship called
the Leander, upon an enterprise hostile to
some foreign natien, name snaknoovn) at
peace with the United States, the marshal:
Of the district was commanded to take
the said S. g. Ogden, and bring him forth
with before the judge &c. Mr.. O's depo-,
sition further stated that this warrant was
served upon him about nine o'clock in the
morning, and that he was not permitted BY
the eaioer who served it, to speak with any
person whatsoever, bur was told the orders
of the Judge were to bring him before him