Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-01-30

are confined within the body of Washington
county, IN he disTic, Of c llunibia a, the Ma
rine Barracks under 4 military guard withonr
Just and legal Cause. and aye deprived of IN be
nett Of counsel. or beng confronted with their
aceusers. and of being informed of the nature of
their offence. or ofthe cause Of their commitment
Your petitioners therefore request writ of Ha
beas Corpus. in the MS a form directed to l.
col franklin Wharton, or to such other person
as may have the custody of your petitioners, that
they may be proceeded against as the laws di
rect, and have an opportunity OF being heard in
their defence.
! For and on behalf of Erick Bollrnan and
Samue, Swat-wout.
ELIAS Il. CALDWELL,
Attorney.
After offering this petition Mr. C made con
else speech in support OF its prayer.
Mr.. Jones opposed allowing he prayer of the
petition, principally on the ground of its collision
with the motion made by him. hen de endins be
fore the court. the effect of which he commended
would be the same as thar produced by the writ
OF Habeas Corpus. if allowed
Mr.. Dorsey replied, in support of the petition
Mr.. Caldwell again spoke and,
Mr. Jones replied.
Some further conversation ensued between the
| counsel -.when chief justice Cranch declared i,
the opinion Of he court, that before in strictness
| right existed to claim writ of Habeas Cor.
pus it must appear on affidavit that the warrant
Of commitment. or other authority. under which
the confinement had taken place, had been refu.
sed. together with the grounds of refusal.
Judge Cranch added that this decision was made
under the 3Iss of Charles Second, which applied
to this case
A "a m objection was made by Messrs, Cald
well and Dorsey TO the application of this sta.
tute, which was over.ruled BY the court.
short tire after this General Eaton and
Mr. Donaldson appeared in court.
Mr. Jones said that the testimony of Gen. Ea.
ton would be lengthy, and in order to allow time
for his drawing it our, he requested that he might
be INDUCED until Monday.
THIS course was acquiesced in by the court in
respect to both the Witnesses.
MIR. Caldwell then offered the following aft
davit:
District of Columbia Washington County, IS.
On the 2i'h day of January, in the year of
our Lord, 1907, personally appeared Elias B.
Caldwell, who being duly sworn, deposeth and
saith that he called Lit. Col. Frank.
lin Wharton, commandment of the Marine CORPS,
and requested of him copy OF the warrant or
cause Of COMM meni of E. Bollnian & s. Swart.
won't, to which the said col. replied he had no war.
rant of commitment, but that they were delivered
to him in the usual military mode. and that they
were merely I'm r his care for safe keeping.
Sworn to before me the day and year above
written.
WIZ. BRENT, elk.
Mr.. Caldwell added that he had not seen Mr.
BoIlmar, and did no. know whs ther it was his
wish 10 apply for writ of Habeas Corpus He
wou d. therefore. only move for a writ of Ha.
beas Corpus for Mr. Swartwont
NJ Jones intima e hope thar some DAYS
should be allowed for making out the return 10
the writ which might require deibcraii and
legal advise.
This was opposed by Messrs. Caldwell and
Dorsey.
When the courS ordered writ of Habeas Cor.
pus, in the case Of Samuel Swartwout, returna
ME on Monday at one O'Clock.