The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-04
singular Trial In Washington e cite snent
In the Court Room.

In the Court Room.
M, USTr' s,A.s' S Ssaur Ceysr-wA.mr1oros.
the the opening opening q the Court this morning Mr. Key
Crtendsn OF the counsel for would
not be able to attend till the hour eleven The Court
said that till that hour they would hear other business
Neither Governor Thomas either Of his counsel yet
appeared Attwenty minutes past eleven. James Car.
lislo Esq., and ed that he had received letter
to state to the Court that the accused desired that res
pe Of one week might be granted because the accused
nspols which could be postponed as the constitu
ton of Mary land required the Legislature to adjourn
sary for his defence were obs ID to attend at AnnspoI.
and coud not be at both places at one time General
stated further that imperative and important duties Do;
could not appear before this Court Accompanying this
letter was an affidavit OF Gov t. TO the facts concerning
ms necessary attendance at Annapolis These papsrshe
read Attached to the sfidavt the proceedings that
mad been held in the legislature.
MI MAuLssy, one Of Gov TIA counsel came into the
our curing the reading Of these papers, and Mr. Car
sis then said as the accused repres entsd his
hexon with the matter was at an end
Mr. MAuLsBr stated that the accused asked a post
ponement for week only for day under any
anu aii circumstances they would proceed with the
The DisrRcr ArronrKy objected to any postpousuept
He stated that the witnesses for Tie United ststss
had come over two thousand miles were now In At
tendance at great and Moreover
said he have obliged to bring from their home:
in Virginia, number of irsil women (FragIs, you
meant, no doubt, Mr.. Key D-who also In attend
ance and anxious to return to their homes.
Mr.. FErDALL then proceeded with a most indignant
tone to inhct casgaon upon the author Of this
mos atrocous libel" and spirited remonstrsnce against
the continuance. He commented with much force upon
the various attempts to avoid trial the part Of
Thomas He alluded to the delay occssoned BY the
issuing OF commission to take the deposition of Mrs
Linn, and Thomass then declining do This he pro-
nounced fraudulent attempt to delay the case, and
missed by appealing the President and to Governor
Mcdowell tho first to order note prossqu and to the
cluded the Hon. w. c. Preston of South Carolina I'D.
dressed the Court in opposition to the postponement
was asked the absence Of the accused at hnnapo
Mr. r. asked why was he absent He knew the case
was pending, and that it wa, fixed for this day He
was he absent Because he wished to avoid tho trial
He knew he was to be prosecuted here, and he has
all the witnesses that should be here to attend his pro-
secution and prays the Court to postpone the case
now before Congress was. dssolvsd This LIBEL may Il
please the Court wa. published during the session Of
here, and that was the period selected by this
libeller to publish it in all the deep blackness Of it,
malignty The tables Of the members of Congress
loaded with the libels till the hall became Allsd with
frd atmosphere arising from this detestable and nfa
He selected this season because then only gum
that terrible nooriety which the sessions of Congress at
the seat of government afford. This prosecution for
technical purposes only, bore the name Of certain
high and distinguished citizen Colonel Benon but
i he alone were concerned, this case would never
have been called; this Court would have been
troubled with attempt to wipe out imbecie effort
to backen his character Thomas might aim his ar
lair, to crush him with his paw The trial here
is the character of the victim of this unmaAly
a length Of time held her up before the world.
with her soul torn and mangled by his infamous
lie view He hoped the court would not suffer this
cruelty to be practsed any longer lend the aid to
aT in as This
circulated by every means that power and money
obtain by bastard and villanous calimniator and
when come into court to give him that trial he has
asked for met day fixed for the trial,
by repetition of this malicious libel in his various am
davs, which MIR. r. denounced bolstering the in
famous charges by perjury; and now when come at
his time. the day fixed at his suggestion he In
order escape the tria breaks the war out in some
place. and after summoning away tho Witnesses
asks the court to postpone the case Mr. r. concluded
now in hopes said hs that on TSur.day matt when
and wind carry off those who engaged here at
present. the joyous and triumphant verdict OF the inno
cence OF this long abused lady be borne to the ut
most extent of this Union.
MIR. MAuLssy replied that he felt much embarrassed
He stood here without the leave of his senior
sell yet felt it his duty to reply to the deeponed feeling
and eloquence of the hon gentleman who had just adj
dressed the Court Sir said stand here to represent
as heightened and honorable any concerned
in this prosecution consider, however what has been
said the language Of the counsel oply therefore, not
have any weight with the Court upon the motion now
before it, We have invited such disc ussons tho
prosecution has voluntarily upon every occasion com
menced them. They have charged perjury, and the
most dsgaceiu epithes applied to him. black caumnis
tor and wretch and he engaged forty miles away
another place. A man who is here to defend himself
from the punishment attached to the offence with which
he is charged and only asking that the trial may be
ponsd for week think he might be spared the cpl
hets applied TO him. The libel has been denounced a
black, mslicious, &c do no, undertake to say that
is libel but do undertake say that the counsel
have right to say that it is black vndictivo sc and
am wholly at loss to understand the motive objec
to be accomplished by those who have Instituted thi
prosecution, which induces them thus address tn,
Court, or how the accomplishment OF these purposes
TO BIO obtained by the discussion Of tnis matter bsnI
The proper duty Of judges jurors and Witnesses who
entirely charge not that the motive s tc
prejudice any one, but I can other, although
INIT Mt diet,p had
without having any particular object Both gen,lemer
hav said that If there any certainty that the trial
ton to the posponement The application is to post
pone, and that the point before the Court and thor
opinions that Gov. Thomas wished escape from any
trial aid that on Monday next he would come with
| some other application Tor posponemenI and continu
have no weight upon the question before the court
Those discussions which have ensued In which
the subject matter Of this case has been comment
| ed upon, at tho several meetings Of the court, have
been against the earnest deprecaons of the defendant
and his counsel and it only in defence Of his client
against the upjus, i'm putaons that had been thrown
by Messrs Preston and Fendsll, that Mr.. NJ spoke oil
these matters at all The whole purpor of the remarks
upon the issuing of the commission take the depos
ton of Mrs. Linn, and afterwards Gov. T's decnaon
of taking her evidence (as she assentod to here,
only another link his scheme perjury and fraud
TO escape trial. The matter having been alluded to
Mr. Mausby Eel. II to be his duty to give the why
Gov. T. asked to have a commission TO take Mrs L.,
evidence by depogiiiopj was that Gov 4. inform
cd by good authority, and Gov. I. informed Mr. NJ that
the prosecutor the had threatened that
here that he would rip up certain private circum
stances In her family affairs tina, would forever disgrace
her, and
| Col BENTON, with much exciemen,)--F false.
MIR. MAuLsBrlf SIR the truth fasity. OF the state
depends the assertion OF tho distinguished gen
tleman who pfonounces false, having been informed
| of IL by my client as true, shall so state II.
| Col. BENrov-Fsse
Judge MoRsrL- - Order in Court.
! Col. BENroN-False! false
! 1 The CouRT- Order. Let there be order In court
Col BsNroN here rose, aud after converting few
|
|
! Mr.. MAuLsLEy resumed, and after slluding TO some
other topics, urged the postponement till Monday next
stating that that day Gov L would be ready for trial
provided that three OF the ladies' summoned for the pro-
| secution, were in ate ndsnce
The CouRr, BY Judge CRANcH-In order that all par.
ties may be ready TO proceed with this trial. the case
postponed till Thursday next when will BIO persmpto
ry called and must be disposed Of
TO TAILORS.
On k,ahinna for l2I1 nj