The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-05-04

WAsnINGToS, May 2, 1916.
Case Of United States Us. F,uneis Thomas.

Case Of United States Us. Francis Thomas.
| Upon the motion of Gen. Walter Jones yester-
day, Tor commission TO repair to st. Louis, to
take, IN writing, the testimony Of Mrs. Linn, in
tins cuse, Mr. Crittenden spoke for nearly two
hours against the validity of the motion, arguing
ior me bringing of the witness personally before
the court and that the appeal for deposition
was constructive OF a desire Tor delay
Mr.. Maulsby, Tor the defence REPLIED In support
OF the motion, and argued that the notion SO far
from contemplating delay, was designed TO secure
the speedlest prosecution OF the trial.
MIR. fendail, Tor the prosecution, put in an ella
borate rejoinder to MIR. Maulsby, contendng from
evidence OF various precedents and authorities.
which he cited, that in no criminal case could
written testimony be taken, except by consent
[During Mr. Fendals argument, a countryman
coming into the court, and observing that there
was a vacant seat by the side of the two Judges
very innocently walked up and sat himself down
las sober as ajudge." His tdmr pas created general
merriment, and when appraised by the Judge that
he was not n necessary dffachS to the bench, he
disappeared without the least remonstrance.l
Mr. Fendall was closely cross-examined in his
argument by Gen. Jones, as he proceeded IN 1t.
No ladies We're in court to-day, their presence as
witnesses not being required. And it may not be
improper to state, that before General Waddy
Thompson began his argument yesterday, in
which he narrated the unpleasant sort of testimony
which the absent witness would be required to
give, the ladies' who were present in the morning
had under the permission of the court, left the
court mouse, lnelr altenuance Delnp no longer
needed.
Mr. Fendal, in closing his remarks, suggested
i'll eloquent terms, thai while sosmuch was de-
manded in behalf of the delicacy of the absent
witness, in respect to her appearance before court,
something was also demanded of consideration
toward the several ladies who have appeared be-
tore court, from time To time in behalf of the pro-
secutlon. Was this trial to be put off from time to
time, and they to appear from term To term before
this court, and the effect upon their feelings TO be-
counted nothing Mr.. f., as he Went along,
gave some hard hits at the horror Of that horrible
pamphlet
Mr. Maulsby read several letters which hari
passed between the parties upon the institution Of
this suit, i'll regard to the course OF procedure, by
deposition from absent witnesses on the part OF
the defence, which General Jones proposed to
use, in his concluding reply for the defendant
The letters were read by Mr.. Maulsby, because
OF the weakness of his associates voice, from an
attack OF bronchitis, under which he is suffering
couple Of witnesses from Annapolis, on be-
half of the United States, were, ON motion Of the
district attorney, allowed to 90 home, to return on
Monday morning.
Gen. Jones then took up his final appeal for the
motion for commission to St. Louis to take in wri-
ting the testimony of Mrs Linn. He first remarked
upon the exraneOus matter introduced into the ar
gments on the other side; and then with great de-
liberation proceeded to examine the grounds of
the arguments against the motion for commits
sion, by General Thompson, Mr.. Crittenden, and
Mr.. Fendal We leave General Jones upon the
sfloor, to close for the mail
1.-THE motion before the court involves a CONT
nuance or postponement of the till next
October The court on Monday next will doubt
less render in its opinions and decision and the
probability is that the case will be postponed to
the next tcrm.1