The New York herald., 1845-11-12
WARRINGTON, Nov. 10, ls45.

WARRINGTON, Nov. 10, ls45.
United States Circuit Court u S. Francis Tho
Prosecution Instituted By Col Benton 70, Lii
BEL
This is an interesting case involving the reputation Of
some of the first families of Virginia" Maryland and
Missouri, directly or incidentally.
It will be recollected that five six years ago
Hon Francis Thomas at that time member Of Congress
from Maryland and since Governor Of the State man
of high personal reputation talents and influences inter
married with Miss Sally, daughter of Gov Mcdowell Of
Virginia Ia brother-n law Of Col Benton that year
or two afterwards there separation between Go
vernon Thomas and his wife, from the nfacton Of the
conuga law OF exclusive possession supposed by tn
unhappy Governor, under the visitaons of jealousy
"That green.eyed monster"
An inevitable division between the respective faml
of the parties the result of this separation rather
of the charge upon which it founded, especially af
tel various unsuccessful efforts at reconciliation had
proved Intellectual The outraged wife returned
father in Virginia outrage husband he imagined
himself be- returned SOLITARY and alone" to his
dence in Maryland In the summer OF A. Governor
Thomas passing through the valley OF Virginia
visit to his wife with view to treaty of peace, he
ensued ndecsve in its results except in widening the
chasm between the principals in this unhappy contro-
versy .
March last Gov. Thomas published pamphlet, entitle
The Statement of Francis Thomas"-a statement
from the nature of its revelations 1t charged upon the
heads Of the families OF Gov. Mcdowell and Col Ben
ton, conspiracy to inveigle him Coy Thomas into the
marriage with the daughter of the Virginia Governor;
wanton infdelity on the part OF his Gov Thomass)
wife, the marriage and far from an unsulied repu
tation BEFORE OF which the parties in the conspiracy to
the marriage were, was further charged in " the
state men" FULLY informed The statement" embraces
a number of letters, from witnesses in the premises
published with the view of subsantiating the Cover
nors ~
Combinations, strong as holy writ
town where Mis-. Thomas has been residing since the
separation and where she is intimately known met al
ter the publication Of the statement" aforesaid and
sed resolutions denounclDg it false and endorsing
the fair of Mrs T. in terms OF unqualhed appro-
baton.
shortly alter notice was given by advertisement
through the public press by Gov Thomas, Of an appeal
before Court for divorce, which met we believe
by similar notice from Mrs Thomas, in Virginia, and
by the nsutng this prosecution for libel, by Colonel
Benton
the Circuit Court of the United States sitting for this
District Judge Cranch and Justice MorseIl presiding
Counsel foI the prosecution, James Hoban ESQ., District
Attorney and p r. Fenda late District Attorney. For
the defence Gen. Walter Jones, Hon. Reverdy Johnson,
IT, S. Senator from Maryland and Hon Albert H. Consta
be member elect from Baltimore Of the House OF Rep
resentavcs MIR Johnson not presently Among the per-
sons witnesses for the prosecution present. were Col
Benton lady and three daughters zone OF Aem the
accomplshed and amiable lady OF the gallant Frcmont
another exceedingly attracve.but beg pardon Mr His,
oran we are mum) also Gov. Mcdowell and lady, and
Hon William Taylor "a relative Of the prosecuting
nartvA ali of Virginia Gov. Thomas also present
There large congregation OF spectators drawn TO-
gether from the novelty OF the case-tne hgh position Oh
the PARTIES and the wonderful disclosures expected to
be made
Gen Jones' for the defence, asked for continuance
or reinforcement of the cause the appeal that several
material witnesses for the defence in Virginia and Mis-
souri, were absent.
Mr. Hoban argued against granting the request laid
before the Court ~. Co.. co
Gen. Jones replied, and read leter rom aau Wos.
Thomas suggesting with the assent OF me p.oseous
party proceedings 20 ,s tasos hs oso m
Nissonr; nirs linn widow OF x.Scnator Linn Col.
Benton having refused WIN nms ae
fence ON the subject, it was submitted a'oo'os! "
After some conversation, Judge Cranch ordered the
tnonement of the case till tomorrow, against whch
e counsel will have prepared the ahida-
% Sc in favor of the motion for Defence for tho con
,;nuance OF the cause till the next term OF the Court
We shall give some further particulars of this Meter
tomorrow We expect the cause will be postponed OF
in the language OF the Court continued till the next
term There is no hnchng on the part Of Col Benton
All the parties and witnesses, pro and con- we believe
are democrats, that politically as well as socially
is a family quarrel