Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1842-05-19
From ne National fntelI.geneer.

We understand that, in consequence OF
an affidavit made on Wednesday, nth
INST. before the Hon. B. Thruston, one of
the Judges Of our Circuit Court, a war.
rant was issued charging that "there is
probable cause 10 believe that the Hon.
RI. A. Wise and the Hon. Edward Stan
ley, members Of the House Of Representa-
tlyes, are about to commit breach Of the
peace by fighting duel, and that prepar-
atoms arc now making by said parties to
commit such breach OF the peace" The
warrant was issued on Wednesday even
ing, and search was Immediately made
by the officers that night, but neither OF
the parties could be found, and il was I'm.
ders,ood that Mr.. Stanley had left the
city.
Some time on Thursday afternoon the
Hon. Mr.. Wise was arrested and on the
return of the writ by the Marshal before
Justice Morsell the same evening, P. K.
Fendall, Esq, District Attorney, appear
ing for the United States, Mr.. Wise ex-
pressed his willingness to give security TO
keep the peace witun the District Of Co.
iumbia, should the Justice deem such a
course necessary on his part, but at the
same time denied the right of any Judge
or Justice in the District to require him
to give or sign any bond obligng to keep
the peace out of the District.
The proceedings in the case, however.
were postponed, at the request of Mr..
Wise, until the next day, (Fridav,) at ten
o'clock, for the purpose OF hearing testi-
moDy.
Yesterday, at the time appointed, Mr..
Wise again appeared before the Justice,
and, in the presence OF several members
of Congress and large company, enter.
ed into an able argument and defence,
contending that he could not be held to
bail, and pleading his privilege from ar.
rest as member OF Congress, the war
rant charging no actual breach of the
peace, but merely probable cause to be-
Iieve that one would be committed. To
this argument the District Attorney made
a very powerful and courteous reply. At
ter which, the further consideration Of
this interesting case was, at the request of
Mr.. Wise, and with the assent of the Dis
trict Attorney and the acting Justice,
postponed until this Saturday. morning,
at ten o'clock, to be further argued at the
Court house before the Hon. Judge Dun
lop.
CASE OF Nix. WIsE.-The Circuit
Cour, OF Washington did not finally dis
pose Of Mr.. Wise's case until nine O'Clock
on Saturday night, having been in session
from ten in the morning. Judge Dunlop,
after hearing all the arguments of the
counsel, expressed his intention to require
Mr.. Wise to give security to keep the
peace. Upon which 1--WE quote from the
National InteIigencer) Mr.. Wise called
the attention ofthe Court to the bond
which had been prepared by Mr.. Justice
Morsell, requiring him to keep the peace
towards all the people Of the United States
and beyond the District of Columbia.
The Hon. Judge then said he should not
require such bond and, finally bond
was prepared and Acknowledged before
the Court, requiring the lion. II. A. Wise,
under the penalty Of three thousand dol
lars, for the space of one year, to keep
the peace towards all the citizens of the
United States within the District ofCo.
Iumbia, and not at any time within that
period to leave the District with the inten.
ton or purpose of fighting duel with
Edward Stanly. And the Hon. r. NJ. T.
Hunter, G. B. Cary, w. o. Goode, Wal
ter Coles, Edmund w. Hubbard, K. w.
Thompson, and Thos. w. Gilmer, having
entered themselves as securities for Mr..
Wise, the latter gentleman left the Court.
room with his friends.