Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-05-09
Correspondence of the BALI. Sun
wAsulSeroN. Nav 9Th. 1874

Circuit CouRr.-CAsEcF THoNAs-The court this NOR
ming refused TO order thai the Hon J. H. Relic be attached
Tor refusing 10 obey the summons ni the They con-
sdecd they had the power do while Congress was
IN session. Mr. Fenda then asked the court to address
etcr to the House OF Representatives, asking that Mr. R.
| night be excused IN order 10 attend this court.
Mr.. MausbY then read affidavit made by the aeon.
sed setting forth the nd which he asked con,inl-
anee The affidavit states, substance that he had been
always anxious TO brng this Trial, aud had used
every endeaNor To have his witnesses present. that the re-
turns Of the marshal of Missouri fully showed that the ab
sonee OF the lady produced by OF the accused
That Mrs. Linn would that the young lady was Sc
dueed in the house of Col Benton and his wife, they know
ing OF the Tact procured her marriage with the defendant
Furth'r na Mis-. Lion would prove long series OF wan
ton, unehaste aud lacvous conduct the part Of the
young lady with divers men, at divers times. lie denied
even thing contained the aidavits OF Col Benton and
the Hon Mr. Phelps, and pronounced them unquaifedy
false and that he could proceed Trial with any ex
peeanon OF Just hearing OF the case, without the evidence
OF Mrs. Linn.
Nh snaa objected TO the continuance and asked the
court To near counter iesnmony-hrst the nsufciency
OF inc aidaN Second y, he wished prove by witness
IS IN court that Thomas has been 10 brng this
case TO ta but, ON the contrary, has made
10 the President OF the United Sntes order nee pro-
scout and mus defeat a Thirdly that the remrns Of
the marshal the process OF the were fase and
that they had witnesses in whose evidence would
establish coluson between that person and Mrs Linn;
he the marshali no! beng within $50 miles Of st Louis
when he made the return. FoBrthy they would prove by
witnesses then in court that Mrs. Linn had made sworn
statement that she could not prove the alleged
but would PROVE cntTaly the reverse
9th That they could prove that the accused himself did
not believe that any such seduction could not be proved
but that he had believed long after he had parted with
Miss Mcdowell, (his wife, that she was entirely innocent
- wit at the time made application 20 the ady's friends
for Reunion with her and that he then soemny declared
his belief Of her purity and innocenes.
9th That the accused had threatened to kill or murder
not by lighting duel, but in some other pro-
seeuto Col Benton; because that individual had advised
the lady aud her friends not TO consent the reto.
Cen Thompson urged another objection the adayi;;
who eVtae the.
CURED, was, from her connection with the affair." ncompe
tent TO testify she being expected prove seduction of
tue lady by Dr. Linn consequently rendering her husband
infamous.
sir Fendal then offered another objection that in the
former affidavit the accused had alleged that lady from
Virginia. Mrs Cooke, who was thea absent, would prove
certain iactsi but now that lady Id court and was rea
dy to swear ha she nothing Of the information attn
bued to her.
Gen. Jones objected any evidence being heard by the
court upon these points, Inc objected Ia them various
grounds at this stage OF the and denied that they had
admitted that the seduction committed by DR.. Linn.
Mr. CriItenden made strong appeal the court adj
init this evidence with view that they showed conclusive
y ha the alleged grounds by the accused for
sontnuancs, wholly with foundation. lie was will
ling that tue evidence OF these Witnesses should be pre-
scented by afhdaviis or taken IN open court.
Cen Thompson followed, aud commented upon tue point
argued by him-the ineampeteney of Mrs Linn. IL was
then agreed that the would decide upon the admss
by Of the proposed evidence before The sueieney the
affidavit should be argued.
The ruled that the practice Of tic court had been
admit counter iiavts notion for continuance
upon tho point OF competency OF the absent
They could, under the Of Assembly examine the party
TO the motealiy Of the evidence therefore re-
fuse TO hear the proposed testimony.
Mr.. Criitsndon then proposed examine the suceney
Of the s5avit. First, due diligence in procuring tho
attendance Of the witness; the Of Mrs. Linns
denco and materially, urging that the language used
was too general; that Tie affidavit did forth
by whom the seduction committed that " the par
hcular facts-whbt Mrs. Linn, saw, what position she
found the parties IN where at &C were stated perhaps
the prosecution might admit thom and satisfactorily explain
them.
Mr. FendaIl followed in examination Of the affidavit de-
msndng that the accused should whom Mrs Lnns
delce would charge With the seduction; he said that
the refusal 10 do because he Ignorant for
would part with his vito for the that Thorn
charged without knowing nqurnz who the seductr
lie argued ut considerable length 10 shew that the
affidavit not sufficient.
General Jones spoke In reply for nearly two hours.
His argument complete review Of everything that has
been said for the last four days.
EGFARTE BEfL-The court ordered that Bell be given
TO Madison Jeers, the agent Of the State Of Marysnd 10
be conveyed TO Anne Arundel county be tried for aid
ing sayo-the property Of Gov. Pratt-to escape from
her master Yours, &c.