The Whig standard., 1844-03-18

CRIMINAL COURT.

the case of the United States Us. John B. Weller,
the Court was engaged in the consideration OF the
case of the
United States ps. Charles J. Krebs charged
with open and notorious lewdness with Mrs. So
phia A. Rosenthal The indictment charges sever
counts--three against the statute law, and four
against the common law. The parties in this
case are both married.
Mr. Bradley appeared for the defence, and the
District Attorney for the prosecution. The Court,
however, without any decision in the case, passeo
it over.
The case Of the United States Us. John B. Wei
ler, indicted for assault and battery upon A. F
Shriver, now came up.
Mr. Shriver was then called to the stand, and
gave statement of the alteration in substance,
as follows: That on the morning of the day re-
ferred to, he was accosted by Mr.. Weller in Tho
Hall of the House of Representatives in relation
to his reports, or about statement no had made
on the previous day in the Baltimore Patriot pro-
nouncing it to befalse. Whereupon he replied,
ifhe (Mr Weller) said that he lied or told lie
that he was himself liar; that when Mr.. Wei
ler came up to him he was leaning against the
sofa in the rear of the Speakers desk that upoI
his giving the lie to Mr.. Weller, he (Mr. W.
struck him, but he did not fall from the blow re-
ceived. Mr.. Weller, however, finally got him
down; that one or more members Of Congress
and others had corroborated his statement; that
after giving him the lie first, he (Mr W. left him.
but came back, and asked Mr.. s. if he was going
to pocket the insult; did not recollect being tolt
by Mr.. Weller that such statements would leaf
him into difficulty; that he was regular re-
porter, but did not confne himself to simple
statement Of facts (meaning mere report with
out comments J that in the remarks he made hi
intended that they should apply to Mr. Weller's
statements and language; could not recollec'
the language he used in the letter, but thinks hf
did not use the words "bully" and "blackguard;'
that if he had made misstatement, he woul'
cheerfully correct it. He desired to say to tht
Court that the present proceeding against Mr..
Weller was not voluntary on his part; that he was
summoned before the Grand Jury in relation Il
the case and that he had no desire to seek re
venge or satisfaction in this form.
Mr. Hamme,t, member Of Congress, sworn.
Did not know Mr.. Shriver; all he shoul6
say Of the transaction would be from memory
that Mr. Weller pronounced the statement il
the Baltimore Patriot, by Mr. Shriver, which
reflected upon him, to be totally untrue; th; ,
he (Mr. Wy was wholly misrepresented in tha
communication, and that il was injurious to him
that if any other statement was made concern.
ing him, he should hold him personally respon.
sbe; that upon Mr.. Wellers stating the affair
TO be untrue, Mr. Shfiver replied it was lie
that Mr.. Weller fell upon Mr. Shriver, and got
him down heard the first remark of Mr. Weller
calling Mr.. Shriver liar, and, also, that asking
Mr.. S. if he was going to pocket the insult.
Mr.. Payne, another member of Congress,
sworn. When this transaction commenced, he
was seated in chair by the fire; heard Mr.
Weller, however, ask MIR. Shriver if he was the
author Of the publication referred to; Mr.. Sh'i
yer replied he was !; Mr. w eler then said that the
publication was false; thereupon, Mr.. Shriver
said it was lie, and the blow followed.
Mr.. Shrver then came to the stand. MIR 5.
desired to say that, in regard to the statement
that he had said that Mr.. Payne and Mr. Belser
were present at the alteration, 1t did not ema'
nate from him.
Mr. Hoban the counsel for Mr. Weller) here
read the statement which appeared in the Baltl-
more Patriot; and, in the course Of the day. Oh,
served that the paper itself, without any exten-
uating circumstances, would produce breach
of the peace
Mr.. Fendall replied. He had no doubt that
the statement alluded to would produce angry
feelings; he would wait to see if testimony could
not be brought to corroborate the report Of
Mr.. Shriver.
Mr.. Hoban then said that it was not SO much
the report itself, against which he complained,
as the comments or epithets accompanying It,
There being manifest anxiety, on the part OF
the defence, to conclude the case this day
Mr.. Fendall then said that, waving the tru h
or falsity OF the statement made by Mr. Shrlver'
tharN