Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-05-07
corrsp,a asnse OF III. p.l,Inor, Gun.
wAsnixoros. May 9Th. ls46.

WAsniSsros. May 4ih. ls46.
CiRcurr CorRr-U. S. v. FRlscs TuosA..-At 10 o.
clock Gen. Jones resumed his argument in favor con
tnuance, with power to take the deposition Of Mr.. Linn
by commission lie alluded with much severity upon the
insinua,ion made by the prosecution, that Gov Thomas
had been guilty OF collision with the absent witness. Tie
reviewed the character OF his client up Of the
alleged libel the purity OF which he argued admitted
by the posccutors IN giving the hand the young beau
ufu and accomplished lady him In marriage and asked
triumphanty. could any believe that such
aeter stake he would be guilty Of the low and pctog.
sng act OF inducing this lady fegn sickness the
three physicians Of Saint LOUIS damn their
professional charseters by certifying the fraud lie I'M
puted blame TO the opposing COUNSEL but told them
II this matter was gone into they would blush for their
formant
lie was sludng to the disadvantage under which his
client would be during the iTia OF this case, would be
confined To the alleged libel and open the door an
investigation ct the whole affair when he interrupted
by Gen. Thompson who remarked that the did
not wish this enquiry to be confined the libel court
cd fu investigation OF every material contained
IN the pamphlet aud libel further that they wished the o
OF the young lsdyrom her cradle the presen day-to
be fully scruuniIed Nd investigated.
Gen Jones.-Msy that lite be glorious one He then
went into examination of the sucency OF tho
on which the continued the last term consn
ding that the suicency thereof had been established
by Its approval then; after having been examined both by
bench and bar.
Cen Thompson again interrupted. to state what the OBJ
lection To that indictment That had been made six
mon'hs ago; this second application for nee
upon inc same affidavit, and all require that the de-
endant shall swear that he believes the evidence of
10 DC material 10 his defence. than
ac~ssd may have wish that the court would allow me
TO use more emphatic wordnsy have received informa
ton that the evidence this lady shall give is NO,
TO his defence.
Gen Jones resumed, by stating that he WINS enir,lv TO-
norant OF his supposed information which the prosecution
had spoken Of lie then into iu examination of
the avements contained in the affidavit and urged that
tney were amply sufficient under the law aud practice Of
the Courts OF the District Maryland He wound up this
part OF his argument by abiding the nature Of Mrs Linn
evidence, and said the had the
IL If
ture too vital and important 10 be taken by deposition He
alluded TO the returns OF the Marshal OF Missouri and IN.
certificates OF the physicians and thereon made an appeal
to the equitable discretion OF the continue the case
lie then took the branch OF The motion as relates IN the
commission TO take her evidence by deposition de B,ne
IN which the deposition could never be read unes
when offered the deiencent could court tho
witness was absent from inevitable cause He fol.
lo"ed TINS up by tracing several eminent and menacing
consequences which might influence the court in granting
the commission The first that in Virginia the pow.
ers OF this court TO compel the attendance of witness
been denied and who could say that Mrs Linn who wa.
unwilling To Gomez or her friends miaht not invoke ia
dica inquiry in Missouri and that the result miyb, NOT h.
asmilnr denial Of the powers OF this court
lie hoped tho court would wait I'LL an nsuperablc
and ever continuing difficulty existed, but when thew saw
mat dhculty OF that nature might occur would grant
commission 10 anticipate ~ lie made an eloquent anpee
10 the prosecution TO withdraw their technical objections
and throw open the doors full enquiry; for be remind
ed them, the great glory which should follow their conyc
non OF the accused depended their own conduct that
IN proportion as they inteTposes technical objections t the
glotb WOulu DC diminished; that, said he
when they reach forth their hand grasp the aure thew
may not Ind portion Of them bghted by their own tech
nica!tes.
lie fully examined all the law apperaining to the motion
particularly the constitutional objection urged by Mr.
Ortenden, maintaining most urciby the court could
anu should grant the commission. Geu ZONES smoke in
all, over three hours today. The court said thew woud
deliver the npnion in The morning.
M Cntenden asked leave present 10 the court AN
adaSt OF Col Benton setting forth what could be proved
by he prosecution IN relation 10 the aedSed COLLISION
Nh Maulsby objected because he odposed 10 The in
PRODUCTION OF any collateral pending the motion be-
fore the court. particularly when he MIR kn. thai
the grounds OF the affidavit Were erroneous
COL Benton, tmucn eTclIedl-SweaT the Yitness Swear
the wiIness 80 '~'
Cen Thompson and Mr. Key explained the nature of the
affidavit to show that the Hon. Mr. Ree-bruher of Mrs
Linn-had declared that arrangement had been made
by the defendant With Mr. Linn by which the attendance
OF that lady would be dispensed With that Mr. Relfe re-
fused 10 attend the court, and also that Mr. Relic had
made several statements relation TO the aair (ener.
Jones replied that the u S were ghtpg their own witness
and he hoped they would suffer the fight TO affect his
client Here Messrs. Jones and Thompson got into a
warm and close controversy during which COL Benton con-
unued TO exclaimed aloud swcar the witness swear the
Witness, (pointng TO in the crowdO until he
was sieneed by Judge Cranch who order in
court, and Immediately afterwards adjourned.