Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-05-08
correspondence Of the Baltimore SUM-

WASHINGTON, May 5th, 1916.
UNITED STATES U.s. FRA NCIS THO
MAS.-Thel honors, Judges Crancn and Nor
sell, met at the otfce OF The former in the City
Hall, and entered into full enquiry and eIam-
nation OF the question involved in The motion be-
fore them. The court room was densely throng-
ed throughout the morning, Al u o'clock the
court sent down word that al two o'clock they
would deliver an opinion and ordered recess
till lha, time Al 2 o'clock, Judge Cranch deli
yered the opinion OF The court, refusing COM
| mission to take the deposition OF the absent wit
ness. They, stated that in thsir opinion the court
had no power to issue a commission IN cri-
m inal case, when the witness was WITHIN The u
rsdiction OF the court and that this court has CO.
ercive power IN Inc Slale OF missouri, ana al
over the Union.
Gen. Jones moved that time be given the ac-
| cused 10 file hi. affidavit showing grounds Tor
| continuance till the next term. (Ihls motion,
as understand it, differs from the motion which
| has been argued in ths-the former motion
was for continuance till the persecution would
| consent TO take the deposition OF Mrs. Linn by
commission; and the present Tor continuance
| on the ground Of the absence OF material wit
messy Messrs Crittsnden Fendall and Key,
All commended that the present motion had been ar
| gusd already-they could see no difference
| Nes.rs. Jones and Mausby both denied that the
nresent motion had been argued before, and ex-
plained the difference The court decided that
lime should be given TO the accused 10 file af-
davit showing cause for continuance.
Mr. Fendall renewed the motion for an attach
ment against The Hon. Mr.. Relfe OF Missouri, and
asked ii the court had any doubt OF its power 10
coerce the attendance OF member ofCongrsss.-
The court replied that it had such doubt MIR.
Fendall then entered into an elaborate argument
10 show that the court had the power 10 coerce the
attendance OF a member He read from Story on
The Constitution 1877, showing the privileges Of
members OF Congress was in the same words that
the privilege was given TO members OF Parliament;
then from Is, Espinasse Rep To- Lord Abingdons
case; Isl 3 Russelrs Chancery Req. |; 9 Russell
< Mylne 639; Lord Wellc.ey's case, decided in
1881; 9 Mylne & Craig 3l6; Mr.. Charlelons Ga
member of ParliamenD case decided in 1887; 4lh
Yale.' Rep, case of Mr. Clay, amember of Con-
gress; 4lh Dallas Rep. BAL; Isl Blackstone 1877
Jeferson's Manual, title privilege.
MIR. Maulsby replied TO the impuaons thrown
out during MIR. Fendall's speech, that Governor
Thomas had induced the disobedence Of Mr..
Relic TO The summons Of the Court, and pro-
nounced them 10 be unouafedly false. He read
then an affidavit made by Gov. Thomas in
which the Governor swears that the statements
made By Colonel Benton in hi, affidavit are
false in every material particular. He also
read letter from Dr. Relic, in which he
explains The conversation between Thomas and
Relic 10 have been merely request OF Relic
that Thomas would spare Mrs. Linn in
her present state of health from personal atten-
dance al Washington; 10 which request Thoma.
replied that the matter was in The hands Of hi.
counsel.
Mr. Crittenden then followed in warm sup
port Of the power Of the court 10 compel the atten
dance OF the witness who has thus indecently
treated the process OF the court with contempt.
He commended that no member of Congress,
could plead privilege as matter OF right, mol
plead il as an excuse unless his legislative du-
lies were so pressing, and the public interests sc
important, as 10 require his attendance 10 them
He said that he was absent frsm his post, ye
his duties did not require a constant attention
nor did he think that the public interests woulc
suffer much if DR.. Relic would oblige the cour
with his attendance for half an hour in the morn
ing.
The court will decide to- morrow.
CIRCUIT CoURT.-The proceeding. in tn,
libel cause were resumed yesterday. The Cour
decided agans, The motion OF Mr. Fendall 10 bring
up The Hon. Mr.. Relle, member of Congress
under an attachment. MIR. Fendall then moved
The Court 10 address letter to the Speaker of th,
House OF Representatives, requesting the attend
ance OF MIR. Relic as witness in this cause
|
fendan, then submitted an affidavit showing tn,
grounds on which he sought the continuance o
The trial. and what he expected 10 prove, in justi
hcation OF The alleged libel, by Mrs. Linn o
Missouri. The affidavit was read in open Cour
by Mr. Maulsby, and appeared 10 create mucl
sensation. MIR Fendall offered counter afida
Wit and argued against the continuance Of th
cause. The Hon. Waddy Thompson and Mr.
Criuenden followed on the same side.
MIR. Fendall prayed the Court 10 hear the les
lmony of certain witnesses 10 whom he referred
{ who would contradict the statements contained
in The affidavit of the defendant. This the Conr
, refused The counsel for the United States the,
argued 10 show the insuficiency Of the AFFIDAVIT
filed by the defendant for continuance of In
trial. General Jones replied at length, and will
considerable energy. He concluded at half pas
four o'clock when the Couu adjourned.
In the case of Enoch G. Bell, free negro, de
manded by The Executive OF Maryland as a fugi
tive from justice, the Court decided, finally, Il
give up the prisoner TO The officer who brough
over the Governors requisition and who ha
been one week awaiting The final decision OF tn
!: CouH. National Intstltgeneer, May7.