The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-05-09

! wAs.,.ersm. May :. is4s
tn. Court this marnns decided hat hou.,
titled to attachment against Mrs. Linn and conse-
was returned The Court remarked that from the
Of business here, and the term to be held In Alexandria
they would be unable to attend to try the before the
hear the After delibeation, Mr. Crenden named
the second Monday in November next for the trial of the
cause
Mr. CRITrErpEN then read and fled on the records of
the Court, agreement that commission take the
position taken in St. Lou. within forty days from nm this
day; and that Thomas should give three days notice 10
The time was extended to y aays;
Messrs Jones and Mausby having asked that II be ex.
or decline the proposition The winesses Wsre
then discharged till the second Monday in November
next An attachment was issued against Mrs. Linn
| quiring her attendance on that day.
vernon Thomas. hled yesterday = 'N''' '''' y "
Francis Thomas, the defendant in the above named
cause makes oath in open Court that he has good
that Mrs Elizabeth Linn Of Missouri he witness named
IN his former affidavit filed in this case) is competent
that he cannot safely 20 into .he trial Of the said case
without Aer testimony and further, that he has good
to think and believe and does verify think and be-
material and will enable him to the substantial
truth Of the fact to be stated and in the
G. p Mcdowell 8. G. p. Mcdowell in the said indic
ment named, whilst boarding in the same house with and
under the immediate protection Of her and uncle
the said Thomas Benton and wife, their knowledge
of said seduction before the marriage of this defendant
with the said 8. C. r. McDowe after which they Kthe
said Thomas H. Benton and his wife Gas he expects to
prove by competent and credible evidenccl promoted
said marriage conccang from him all knowledge they
had of the dshonor Of their said niece and further he
expects to prove BY the testimony Of said Mrs Eliza,
and dcmeanor Of said Sally c. p. Mcdowell in her inter-
course with particular at that time boarding at the
ma hnV aNat tho co~te
and alleged in said writing as stated in said indictment
by the testimony Of the said Mrs Elizabeth Linn came
to the knowledge of the said Thomas H. Benton and
able prove by the testimony said Elizabeth Linn that
the said Thomas H. Benton has exercised his influence
his part that she could and would testify facts and
his knowledge of facts duplicating him in the premises
The information which this defendant has received Of
the facts and circumstances which is in the power Of
said witness to in the premises material for the
purposes aforesaid though quite direct and credible
produce firm conviction in his mind that her est-
mony material enable him prove the facts above
stated has not supplied him with such Of the minu@
details Of her testimony would be necessary for him
to specify and state particularly all special
cumsances attending her knowledge of the main facts
above stated which authorised her to declare after
his separation from the said s. c. MCDOWELL that she
knew enough to justify said separation but he repeats,
doubt own mind that her true testimony is material
to enable him to and If obtained will 60 to prove
the facts Substantially above stated And this defendant
y taken every precauton, used every endcavor, and
pursued every step which the law and the Of the
law put in his power to the testimony OF the said
witness both at the last and at the present terms of this
court he refers to the proceedings already known the
court as showing not only the utmost legal diligence
his part but diligence and precaution going beyond
what the law would have strictly required Of him and
testimony Of said witness the next term Of this court
he intends bona de and has for instant atered
power and all the which the law places Mt his dis
posa to procure and need be- enforce the attendance
in any reason anticipate any obstacle or impeachment to
success Of such his endeavor unless be acct
the process Of the law necessary enforce her attend
ance some failure of duty in the minister's Of the law
that the said Mrs Linn is most unwilling witness,
and he is given to understand by affidavit of Mr..
Bogy filed BY the prosecutor in the case that she has
declared her resolution against attending the court
as witness; by what means, or with what success
she may be able to resist evade the Of the
court s impossible for this defendant to anticipate with
ceranty all that he say that matter that he
hopes and presumes the process Of the will have
Of its effect he is quite and positively determined,
that it shall be from fault neglect his part
positive and unequivoca terms that he has to
any sort Of arrangement or understanding with the said
her behalf dispensing with her a. witness. or
with attachment other for procuring enorc
on uc S he as
positively denies having ever said to person
toy or snv thny s ANA re- snd 1e ns
quvocay declares tt utter groundessness and false
hood of the suggestion filed by the prosecutor, of his
having made such arrangement and utterly denies the
truth Of the hearsay Of Phelps lin his affidavit filed
by the prosecuor to what passed between this deen
dant and Dr. Re All the steps hitherto taken during
the present term concerning the and attach
mcnts for Mrs. Linn and Mrs. Taylor, exclusively
of the spontaneous dicaton Of this defendants counsel
and mostly during his absence from the city, and
fully approved by this defendant when this nature ends
and prospects Of those steps explained this
by his counsel in his recent argument the motion just
decided by the court having before his arrival in this
city on the 3Oh March last received letter from Dr.
pressing instances for relieving Mrs Linn from compul
sion to attend witness and urging among other rea-
sons her i'll health which letter this defendant had not
replied to- He did, after his interview with his
counsel wait upon Dr. Ree in order to give him YER
bal answer to his letter. and in the conversation that
sued between them, this defendant simply and concsely
recapulaed to Dr. Relic the explanations just received
from his counsel to the state of the in reference
to Mrs Linn and pointed out to Dr. Relfe the
quence Of what he had stated that it. seemed at
tachment could be Immediately issued This defendant
utterly denies that word passed in that any other
conversation with DR.. Relic, which imported in
tended to import any such arrangement understanding
between them, any such arrangement understand
ing between this defendant and Mrs Linn suggested
| by the prosecutor as aforesaid
[sgned.l FRANCIS THOMAS.
Sworn to in open court this 9Th May, 1896
| Test w. Brent Clerk.
| BALTIMORE, May 8, 1886.