The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-05-03
WASHINGTON, May l, 1876.
Colonel Benton Us. Err Governor Thomas-A Dread
flA and most Ik4ing Case 10 al Concerned.


was resumed this morning before the Circuit Court
OF the United States for this District, Judge Cranch
presiding. To the general reader, it may be ne
cessary to explain this case. Gov. Thomas, OF
Md, some eight years ago. married Miss S. p c.
Mcdowell, daughter of Gov James Mcdowell,
of Virginia, brother-in-law of Col. Benton. A
year or two after his marriage, Gov. Thomas be-
gan to make serious complaints of the fidelity Of
his wife--a family feud ensued-and sometime
after personal alteration between Gov Thomas
Of Md, and Gov. Mcdowell, Of Va, at Stanton, in
the latter State; the said Thomas being on Jour
ney to Lexington to visit his wife, who had return
ed to her fathers protection. The strife continue
ed; the spirit OF hostility between the families OF the
Two governors becoming AT length as MEMORABLE
rs the animoslty between the Capnlets and the
Montagues. In March last, Gov. Thomas pub
hshed a pamphlet, the details of which would be
wholly unfit for newspaper publication; but the
statements of which, substantially, are as fol-
lows -
That the wife of said Governor Thomas lad
wantony infringed her conjugal obligations since
marriage with the said Governor Thomas-the
pamphleteer details many conversations, incidents
and accidents 10 establish this charge. He next
charges that his wife, before her marriage, must
have been Justly liable to the strongest suspicion
and TO prove IT, he publishes number of private
letters IN his possession. He next charges that Col.
Benton and Gov. Dowell, with full knowledge
OF the truth of the foregoing allegations, had
paimed upon him the lady virtuous woman
that he was duped, imposed upon, and by con-
spiracy, drawn into marriage with the aforesaid
daughter OF the Governor of Virginia. The state
ments OF the pamphlet are compilation of pri-
waite suspicious, private letters, and private asso-
cations, for the publication of which there can be
no apology. Upon this pamphlet, embracing
these charges, Immediately after its issue, Colonel
Benton instituted suit before the Criminal Court
OF this county against the said Thomas for libel
from time TO time, owing to the absence of
witnesses, the case has been continued and
agreeably to the last postponement, the was
again resumed to-day, having been transferred
from the Criminal to the Circuit Court
The counsel for the prosecution, are Messrs
+. IS. hey, District Attorney, and p. X. Fendall,
Gate District Attorney,) Hon. J. Crittenden, and
i hon H. Waddy Thompson; Of s G. The counsel
Maulsby, OF Maryland. Among the witnesses for
the prosecution, present this morning. are Colonel
benton and lady, and two of his daughters, Mrs.
Lieut. Fremont, and Miss Eliza Benton, Colonel
benton is, however, not to be understood as n wit
ness-he beng the prosecutor,) Hon. James Nc
lowell, Qate Governor of Virgina,) ana lady, and
M MRS. , q. 7; Mcdowell, Qate Miss Thomas, Gen.
l. and wife having been by proceeding on the
one part IN Maryland, and on the other in Virginia,
recently divorced) and G.. w. Jones. Several
witnesses were present for the defence, but the
material one, Mrs. Linn, (widow of the late Sem
ator Linn) was absent.
Gen. Jones, for the defence, rose to plead for
continuance or stay of the proceedings, and for
me appointment OLA commissioner, meantime, to
repair to ST. Louis and take the testimony of Mrs.
Linn. Gen. Jones stated that at the preceding
term of the Court, the Marshal deputed' to bring
on this witness had reported her inability to travel,
from the delicate state of her health and that three
physicians had certified to the fact The Marshal
IN his last return had communicated the fact that
her health was still in very delicate state /; and
that she could not consequently undertake the long
Journey from st. Louis to Washington. General
Jones' with his usual delibeiation and critical re-
search, pleaded for several hours the established
usage OF commissions in such cases, citing
He conluded by an appeal to the fair efforts that
mad been made by the defence to have the absent
witness attend and to the fact of the difficulty and
the uncertainty of enforcing the demand for the
witness against the jurisdiction of the State,
the rights OF citizen sufficient cause for the
commission requested.
Gen. Waddy Thompson said he should remove
this last vestge of the defence. The prosecution
had been challenged by the defence to pursue this
investigation, and the defence had ever been and
Were now ready to meet that challenge. General
Thompson then argued to the effect that Mrs.
Linn had not made her appearance because she
did not intend to come. The marshal of Missouri
was not sufficient authority that she was ill. The
defence, by more compulsory process than that
they had adopted, might have had the witness in
attendance. With some strong general observa-
tons upon the necessity of the attendance of Mrs
Linn, Gen. Thompson said, he would, with the
assent OF the court state some facts bearing upon
this case. The defendant arragned for the libel
now TO bel tried, had charged upon Col. Benton
and lady that the daughter of Gov. Mcdowell was
seduced before her marriage to said Thomas, in
their house, and that they knew it, and that as a
further and material fact, she was seduced by DR..
Linn, the deceased husband of the absent wit
ness. She is now called upon to give that testimo-
ny before this court She has written these letters
She has mangled more than one heart. The re-
putation, not of the lovely and innocent lady ac-
cused, alone, but of all her family, all descended
from patriotic blood, depended upon the issue of
tins cause ; and we want the presence of this
witness. We want the privilege of a cross exam-
nation. With some further observations to this
point, Cen Thompson said that he doubted not
this witness, if produced, would eventually
retract these allegations as she had done
before and confess, in the sincerity of her
heart, that she was sorry, deeply repent
ant, of the wrong she! had done to this young
qon IN a private parlor or bed chamber at St.
Louis, because hints might be given, and testi-
mony evaded or perverted, which otherwise would
present very different character. Here, all the
facts would be elicited-here we should ascertain
whether her allegations are from personal know
lede, or whether she has derived all these things
from another person; If they are from another
person, we desire to know who that person is.-
We think we know, but we want the testimony
we want the witness and the proof. Gov T. Their
required to the authorities to establish the ground
oil the necessity and the authority OF the court, IN
coercing the attendance of the absentee. When
he had concluded, at quarter past 4, the Court
adjourned till tomorrow AT nine.
This is one of the most unpleasant cases ever
brought before judicial tribunal as the foregoing
facts will show We believe Miss Mcdowell, late
Mrs. Thomas, to be an innocent and deeply nurcd
woman-that the absent witness was Unnecessarily
Jealous OF the husband of which she was so justly
proud--that the defendant, man of high charac.
ter and eminent talents, has exhibited the ex
travagance of man deranged, rather thar
the proof and temper of husband outrag
ed and that all parties, by general consent
had better drop this disagreeable business
Public opinion sustains the character Of Mis-.
Mcdowell, and public opinion will absolve the
statement OF Francis Thomas" as the result 0
an alteration of mind. Mrs. Linn 10 too hghl,
esteemed to be overthrown by the result of thu
trial, whatever it may be and we believe tina
she so highly esteems her own position, and is Sc
sensitive to an appearance in court, that she vii
see Judge and jury in Halifax before she makes
her appearance and if one word from a stranger