Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-05-08
Correspondence Of the BALI. Sun !

WARRINGTON, May 9Th, 1886.
u. S. Francis Thomas.-Their honors Judges
Cranch and Morsel met the office of the former in the
City Hall, and entered into full enquiry and examination
OF the question involved in the motion before them.
The court room was denscy thronged throughout
the morning. At IL o'clock tho court sent down
word that at two o'clock they would deliver an
opinion and ordered recess I'LL that time. AT 9
o'clock, Judge Craneh delivered the opinion of tho court
refusing commission TO take the deposition OF the
Witnesses They stated that IN their opinion the court
no power to issue commisson in crininsl case when
the witness within the jurisdiction of the court and
that this court has coereive power in the OF Missouri
aud oil over the Union.
Gen. Jones moved that time be given the accused
To hle new affidavit showing grounds for continuance
I'LL term. This motion, as understand it, differ,
from the motion which has been argued, in this tho former
motion was for continuance till the prosecution would
consent 10 take the deposition OF Mrs Linn by
and the present for continuance the grounds Of the
absence ct a material witness Mr.. Cntenden Mr.. Fem
dali and Mr. Key all conended that the present motion had
been argued already, they could difference Messrs
Jones and Mauby both denied that present
been argued before, aud explained the difference. The
court decided that time should be accused
hic an affidavit showing cause for a continuance.
Mr. Fendall renewed the motion for an attachment a.
gainst the Hon. Mr.. Relic, OF Missouri aud asked n the
court had any doubt oft power the attendance
OF member Of Congress. The replied that il had
such doubt Mr.. Fendal then entered into IN elaborate
argument to show that the court had tho power to coerce
the attendance OF member lie read from Story on the
Cons 327 showing the privilege Of members OF Congress
in the words that the privilege was given to MEM
beis OF Parliament then from let Espinasse Rep rs; Lord
y Mylne 639; Lord Welesleys case decided in 1881;
Milne Craig 2l6; Mr. ChsTetons Ia member of Patlia
menD case decided in 1887; Attn Yates Rep Of Mr.
Clay, member Of Congress; 4h Dallas Rep Sal; LIST
Blackstone Isl; Jelerson's Manuel, title privilege.
Mr.. Maulsby replied To the mputauons thrown out do
ring Mr. Fcndas speech that Governor Thomas had in
dueed the dsobedience Of Mr.. Ree to the summons Of
TIM Court and pronounced them be unqaIifedy false
lie read then affidavit made by Governor Thomas in
which the Governor that the statements made by
Col Benton in his affidavit arecslse in every material par
ueuar lie also read letter from DR.. Relic in which he
explains the conversation between Thomas and Relic to
have been merely request OF Relic that Thomas would
spare Mrs Linn IN her present of health from per-
sona attendance At Wnshington; which request Thomas
replied that the matter the hands Of his counsel
Mr.. Crittenden then followed a warm support OF tho
power OF the compel the attendance of the witness
who has thus indeceny treated the process the court
with contempt.
lie conended that no member Of Congress could plead
privilege as matter of right plead it excuse
unless his legislative duties pressing and the pIb
lie interests important require his attendance TO
Them lie said that he absent from his post yet his
duties did not require constant attention, did he
think that the public interests would suffer much ii Dr.
Relic would oblige the with his attendance for half
an hour in the morning.
The court will decide tomorrow. v.