The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-05-06
WARRINGTON, Monday, May 4. ls4s
Gaze of Rxan<is TX0mas

Case Of Ftsncis T1omas
morning Cen Walter jones resumed his srsument IL
favor OF the motion for continuance He commented,
win considerable severity upon the insinuaon made BY
the counsel for the prosecution, of collision the
part Of Thomas with the absent witness, Mrs Linn He
reviewed tho character of his client from his youth up
to the time OF this alleged libel and commended that
that time his character honor integrity and for mo-
raj honesty evidenced by these bestow
compshed young lady whose reputation the point of
this He further remarked that could be-
lieve that Coy Thomas with such character at stake,
stoop to the and petfogging of inducing Mrs
Linn to fegn sickness and the three Of Saint
Louis to damn their professional character by becoming
partcipators in the fraud He said further that he i'm
Puted no blame to the counsel for the prosecution they
had acted only upon the information of their CLIENT but
he would should this be gone into prove 80 con-
clusvely the innocence of Mr. Thomas of any thing APP
preaching to colusion, that the honorable shall
blush for their informant He alluded further to the
disadvantage under which his client would labor be-
cause this case founded upon isolated letter.
not upon all the facts and circumstances relating 10 the
affair.
Mr.. TnoMr.os.-By the gentleman's leave, will re-
peat what SAID IN the opening That We do not wish
this enquiry to be confined tho charges made in the
libel but court full investigation Of every material al
legation both in the pamphlet and libel Further we
wish that the whole life of the young ladyfrom her
tgated
Gen. JosEs-May it be glorious lfc THE General
then went into examination Of the suciency OF the
AFFIDAVIT conendng that the sufciency thereof fully
ing been examined both by the bench and bar '.'
General THoMPsoN-l wish to state that my objection
to the affidavit Is that was made six months ago This
second application for continuance upon the same
afdavt and require that the defendant shall show that
he believes now the evidence Of that lady be material
cused may have-I wish | were allowed to use more
emphatic term than may havc-recoived information that
.hs lady so lar from proving seduction would prove
Mr.. FEspALL-The accused may amend his affidavit
General JosEs-No, sir; will never amend an afi.
thank the gentleman and through him the prosecutors
for granting US privilege which they cannot deprive
speaks Of, am as entirely ignorant the uncon.
eerned individual am perfect blank upon the subject
urged that they were entirely sufficient. under the
statute OF 1887 the practice had grown up under the
provisions Of that act He alluded to the character and
Importance OF Mrs Lnns evidences and commented upon
the language of the counsel for the who had
clearly established the matcriaty Of her evidence by
taking her testimony by deposition He then appealed to
me equitable discretion OF the Court by referring to the
IN delicate health and the return Of the attachment
certified by the three physicians that "Mrs Linn was la
boring under the effects of acute bronchitis and that it
would be hazardous to her life take long Journey,
Ho repeated to the Court that the defendant only asked
commission to take the deposition de bene esse in which
case the deposition could be read unless the ac
cused should to the satisfaction of the Court at the
time OF trial that the witness absent from some in
eytable cause He then conended that there many
whcn imminent and menacing in this case
would influence the Court to grant this commission
in accordance with the spirit of the whole of the Eng.
giving this commission till they were satisfied that an in
snperable and ever continuing difficulty existed; but
that that difficulty might become insuperable they
would grant the commission. The General then ex-
dience of the process Of the court and argued that
there was difficulty, and that no man could swear that
or say such difficulty might be overcome. The
courts Of Virginia had denied the authority Of this court
to coerce the attendance Of witness. Who could say
that Mrs Linn (who reluctant come here or her
friends might not invoke judicial enquiry in Missouri
n n
authority court He further alluded to the
side would permit her to avoid the unpleasant duty Of
her. IN the presence Of miscellaneous throng repeat
ing circumstances connected with the matter Of seduc.
ton. And then passed high eulogium the benefits
Of taking evidence by deposition He admitted that the
ground taken by Mr. Crenden that rpa roce testimony
particular evidence taken upon was
to be preferred He made eloquent appeal the prose-
these alleged bels withdraw their technical objection to
the obtaining Of the evidence of this lady He urged
that the great glory which would attach to them-upon
the conviction of the accused-would depend on their
own conduct and that in proportion they inerposed
technical objections that glory would be diminished
Gen. Jones here went into mastery examination Of the
various authorities upon the issuing commissions to
take depostions supporting at much length his former
hnued his argument, brilliant eulogy upon the high
qualities OF Lord Mansfield, whose dctum had been ami
upon BY the counsel for the prosecution He
look up the constitutional objection urged by Mr. Crit
enden and said that the 9th article Of the amendments
70 the constitution granted privilege accused par
to claim or deny it. That when it said every man &C.
cused OF an offence shall be confronted with tho wit
nesses, did not say that he thought proper his
witnesses might not be excused from personal atten-
dance He continued his speech till after O'clock
having been over three hours speaking.
The CouRr said they would continue the cause till to-
morrow in order to examine and read the authorities
and would then deliver opinion.
Mr. CRIrrENpEN asked leave to present affidavit of
Col Benton setting forth what could be proved by the
prosecution in relation to the alleged collision
Mr. MAuLsBY objected, because he opposed to the
introduction of any collateral in the deliberations
upon this motion The Court might he said examine the
affidavit and they thought proper then to give any
weight he would not complain He regretted that the
affidavit had been made, because he MR. ny knew that
it was erroneous.
Col BEsroN-OWith much excitement) Swear the
witness Swear the witness,
Gen. THOMPSON explained the nature of the affidavit
He said its object was to show that the Hon. Mr. Relic
he brother of Mrs Lnnhad made declarations that an
arrangement had been made by Gov. Thomas with Mrs
Linn, by which the attendance of that lady was dis
pcnsed with that Mr. Rele refused to attend the court
and this was an affidavit setting forth Mr.. RPS
81 the above fact, and also contradictory
Gen. JONES replied, that the prosecution fighting
one Of its own witnesses and he objected that fight
bearing upon the case Of his client
Messrs THOMPSON and JONES here got into warm dis.
CUSTOM during which Col Benton continued to exclam
aloud" swear the witness"-' swear that witnessr-
pointing TO some in the crowd until he was silcnced
by Judge Cranch commanding order in court The ex-
element within the bar and around it, only quclled