The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-11

two like the Jerseys along the Pacific coast, and
that is all The interval il wilderness, in which
1t Is always necessary for an exploring party to
eat its mules, and dogs, and old shoes on the way,
and 10 come out on the other eide OF the desolate
region, halt starved, and on foot We think there
will be no difficulty OF getting portion Of this
district by treaty Respectfully, THK DoCToR.
The Case Settled.
WAsHINGror, Monday, Marck 8, ls47.
United States vs.. Francis Thomas Indicted tor Libel
agsinst Mr. Benton and 0fhersBefore the Circuit Court
s cne s' couls
filed with eager exprctants hour or two before
the dgnided and ceremonous notification Of" oh yea
oh yea" of the crier. Present-Goverror Francis |
Thomas. the defendant, and bis counsel Gen. Walter
Jones, Otho Scott. and W. ?. Maulsby. Esq Governor
Thomas Is one Of the finest looking men in Court. and
highly intelligent parsonage every For the pro.
and P II Fendall, Esq also, Gov. Mcdowell. Rev. M.
breckenridge. Dr. Tyler, of Frederick, w. Jones' Of
Wisconsin, and Others witnesses Gen Ben.
tom the prosecutor supposed to be the District Aor-
ney's Office TO which both parties in this cause except
Of three hours during which he wsrs
in state OF most gratifying suspense In the court room,
the parties returned and thescriers commenced sence
On motor Of Gen. JONES, Mr. OHIO scerr, of Mary.
land was admitted counsellor for the defence in this
Gen WALTER JosEs for the defence said that he came
in to announce to the Court the end OF this troublesome
and dePorsble controversy and that the conclusion
arrived at without consulting the defendant but
upon the responsibility OF his counsel. The learned
gentleman did not know that any precedent could be
found for this proceeding but hoped that under the
ordinary circumstance Of the would with
appreciation of the court. Two years had elapsed since
the publication by the defendant the obnoxious paper
upon which this indictment instituted and taking 1t
in connection with subsequent costeal circumstances
alter the most careful and deliberate investigation the
vction perfectly and entirely satisfactory themselves
in reference TO this causetha the whole controversy
bad originated in what, by the common designation Of
he day, known and might be called visitation of
God. The gentleman prosecuted, is Of many vr.
tues OF far, and indeed, OF eminent tsentswih
derstandng upon general subjects, only sane but
brilliant and solid but his counsel entirely con.
relations with his former wife, he has been and still
sufferer under this visitation Of God While the general
powers Of his mind are clear end uimpaired there is
morbid deuson raceahle throughout the history of this
unhappy dierencea diseased condition of the mind
this particular subject which is apparent upon the
superficial investigation We that while he entertain
ed for his wife the most doting affection, his mind has
vascillased between this affection and morbid and con
trolling deusion and that this st ate of mind still exists
We fear is beyond dispute We are aware NAV
please the court, that in this view of the case,
we have taken very extraordinary discretion 70 our
plea Of mental deluson but that would have subjected
the progress Of tho case constant interruptions
great difficulties We think the course have taken
IL the readies and the best for the ends of Justice lille
we beg leave to state that have taken the liberty to
suation with the defendant We hope that this will be
considered fair and ample the sole object of
the prosecution The counsel for the defendant there
FORE ask leave upon this conclusive plea to submit
written declaration abandoning all the purposes of the
defendant TO establish vndcate the charges against
the prosecticn In this case.
Declaration NJ Defendanfs Counsel
United States u.s. Fr0ncis Tnouas--We have thought
II our duty under the extraordinary ccumstances of
this to withdraw oil participation on our part as
counsel for the defendant any line Of defence going
upon the maintenance OF the truth promnlga in in
ierred IRON the paper, pamphlet of 1885,, wherein he
stands Indicted against his former wife, present sally
for doing.
Amer the most anxious and careful Investigation into
s.e aeged lac snd on which these char
ges ana the STOCKING suspicious entertained by the de-
isndant Of hsr purity, originated we are thoroughly
convinced beyond my rational doubt that there Is no
Evidence no justly and fairly considered cause to justify
them or 70 gys them any color of probability and that
ali these suspicious, and all the gross charges growing
Of all real foundation in isct but exerting an established
sway over tho mrd and imagination of The defendant
and which, whle,,hey were accompanied with
citations Of mind evncing the deepest for the
consequences Of his suspicious he found himself at DIFF
morbid delusion, to upnoLj before the public
In the hope that this declaration may serve the double
purpose OF bringing the defendant himself to camer re-
hecuon ana 10 more wholesome exercise of the native
powers oil his understanding to rid himself of this I'M
happy deiusen and also OF alayng the gres and dsap
happiness when her real and conduct both ar
maid and wife made her deserving in our opinion of
an me felicity and all the fair fame that fall the
ot OF woman, we feel that transgressng no pro-
fessonal duty, but are obeying those calls Of honor
aud conscience, which no gentleman is at liberty dis
reg"a "neh we sincerely subscribe to this declaration
OHIO SCOTT
Mr PRFsToN next rose, and cong the court
upon the wise and sensible termination of this case in
.ns way " mas relieved your honors Of hsrrass
ing opa unpleasant nvestgationit will empty confirm
he Judgment OF the public mind has relieved me
as one OF the counsel Of deeply injured person Of one
duties that man can be called upon to perform In eli
points Of view, we must all conccde that this Is most
cause is abandoned is the true and the inst and The
nonoraois ground there cannot be doubt, and the
lofty and righteous considerations presented by the
cousei OF me defendant meet with hearty con.
currence. Mr.. Preston returned his grateful thanks
to the kind indulgence shown him by the bench
ana me par IN the preliminary proceedings in this cause
and that there might be 10 Misunderstanding. he also
asked Leave to submit statement in writing which ho
read as follows;
cory rsEsror's sxArEMrrr
United Sfat1s rs Frdnets Thomas My appearance
on the part OF the prosecution in this was exclusive
or the purpose OF vindicating the character of Mrs
81 r. Mcdowell my niece, from all charges and i'm.
putations at any time made and for the purpose Of nut
country. and this purpose being accomplished bv the
learned CONSUL for the defence on the record feel no
iuner interest In tho case, and consider my functions
(signed VIC PRESTON.
wAsHrSoror CRY
District Attorneys Office, March 9, ls47
All ] ask. continued Mr. Preston is, that the record
shall be made up so as TO preserve these papers in per
petual remembrance Of tho transactions Of this day
We were influenced In this prosecution BY no vindic.
tive spirit Our whole and absolute purpose was the
vindicauon OF innocence, and not for vengeance Our
whoAo PuiPoso, uen, mus DenR accomplished, ask
that no further be had in the of
Mr. Thomas.
Mr. FENDALL said he stood in the same relation TO the
case as Mr. Preston and in ell that gentleman had
said he fully coDcurred
MIR. r. B. Key, the District Attorney, then asked to
place 90 file the fol owing statement of Mr.. Benton -
Copy Of Major General Benions Statement1
have to say TO the honorable Court that this indct.
ment was not instituted by with any view obtain
redress for injury done to myself my wife in the pub.
ncauon OF the letter complained Of lbeous but ex.
usvey OF getting an opportunity Of trying the truth
y. no accusations made by Francis Thomas In his
81 leto against his then wife, the niece Of my