Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1847-03-11
NUMBER 50.
RICHMOND DAILY WING.
Prom the National Intelligence
united states, W. Francis Thomas
CIRCUIT CoURr. wAsuiSeroS COUNTY. d. C., MAHcH, =,
1917. INDICTMENT F1R LIRRL.

CiReur CouRr, WAsuiSoroS COUNTY, ID. c., MAEcH, =.
1877. INDICTMENT LBEL.
Gen JoSL OF counsel for the defendant said that n,
mao announce to the Court the end VI th.
and deporabe controversy, and that the conclusion wa.
arrived ut without consulting the defendant upon IN,
responsibility OF his counsel The learned gentle an did
not know that precedent could oe ound for this pr
eeeding but hoped that under the extraordinary eireum
stances OF the would with the APPRECIATION OF
the Court Two years had elapsed since tie publication
by the defendant OF the obnoxious paper on which this in
oictment was instituted and taking IL IN come on with
e subsequent collateral circumstances after the
iul and deliberate investigation the counsel for the d..n
dint had come to an undoubted conviction perfectly and
ehufev satisfactory 10 themselves cause
that the whole controversy had originated what by the
common designation OF the day, known and m sht b,
eahed visitation OF God. The gentleman prosecuted
man OF many virtues, OF fine aud indeed eminent talents.
with an understanding upon general subjects not only zane
out brilliant and soiid but his entirely convin-
ced that the particular his unhaunv
he mas been and sufferer under this visitation OF Cod
while the general powers his mind are clear aud
unimpared there s morbid deiusioa uaceabo throuR
OUT he history OF this unhappy difference, diseased
condition Of the mind this particular subject which
cannot be Questioned. We that while he entet,sin-
ed Tor his wife the most dotius Affection his mind va
ciated between it and this particular deIuson and that
hls state OF mind still exists fear is beyond dispute
We are aware, may plelse the Court that in this view
oil the case we have taken extraordinary dcreon
ouisel'es We IN ghi have into the upon the
plea OF mental dsluson but that would have the
progress Of Tue case TO constant Interruptions great d
hcuues We think the we have taken ia IN,
readlest and the best tor the ends Of Justice: Sbi ~ .
also state that have taken the liberty 10 ndoot ~
our own fesPensibiiy and without consultation with tho
oeiendant We hope this will be considered "a, ~
ample answer to the sole object OF the prosern,ion -bo
counsel Tor the defendant therefore, ask lave To submit 20
Sou,' written defamation abandoning all the purposes
OF the defendant OF establishing the truth Of ia cbn,g,
against the prosecution IN this cause:
UNITED STATES vs.. FRANCS THexA.
we have thought i duty under I'm. eY,,,ordr,r,
circumstances Of this case, 10 withdraw all n,r.,, -
our part rs counsel for the defendant IN any Inc ~ fo
s Upon ne OF the truth Of the Charges pro
indicted against HE former wife The presen, Mr., san. =
Z. mcdowell and to state Sneqlivocay our reasons for
so Going.
AeF ihe most anxious aud careful into the
alleged facts and ccumstances IN which those charges
ana he shocking suspicious entertained by the
e' purify originated we are thoroughly convinced be-
Jond any rational doubt that there is no evidence usv
and ay considered, justify them or to give them any
., ptooao'y' or TO justify any suspicion, grave
light OF their reality, and that all those ssuiciors and ali
ihe stoss charges growing Of hem originated in an
unhappy delason destitute OF all real foundation in fct
ou exerung irresistible sway the mind and apins
hon OF the defendant, and which, while they were accom-
panied with many vaciiauOns Of mind eyDcny IN. den
est sorrow for the consequences Of his suspicious he nnd
himself AT different times, mPeled by the overmasterng
power OF marked deluson Alone uphold before The nub
he r"''- O''O'e '"e pun
In the hope Tho, this declaration may serve the double
purpose OF bringing the defendant himself caiuer re
uo and 10 more wholesome exercise of tie native pow
ers OF ms understanding rid himself Of his unbappy de-
usion, and also OF bayng the gries and
OF lady deeply injured her prospects and hapuipes
when her real character and conduct a. maid and
wife, made her deserving. in opinion of all the felci-
v and all the fair fame that TALL to the lot Of woman
we feel that We ransg ssing no professional duty hut
are ooeylng hose calls Of honor and which
gentleman Is at liberty disregard when he sincerely sub
serioes tins declaration WALTER JONES,
OHIO SCOTT,
mAEGH . ioI1. WIN. p. MAuLSBY.
hR. PREsTS after congraiulaunS the Cou- on The Ter
mnauon OF the cause and rendering his
10 the counsel on the other side for honorable and mo-
per course they had Parsued, read the following pspe
United States VS.. Francis Thomas.
NY appearance on the part OF the prosecution in this case
was exclusively for the purpose OF vndcang the
OF Mrs. Sally Z. P Mcdowell from all cb,1ses and
taons at time made and for the purpose of puttn her
inEocency and purity before the court and country and inns
purpose being accomplished by the declaration of the learned
counsel for the defence the record feel mo- ttbr in
tses! IN the aud consider my functions in ~ AZ an end
VIM. c. PRESTON.
Nh. FESDGLL briefly stated that his professional eoppex
ION win the cause was the that OF the honorable
gentleman who bad down. and expressed MS con-
curIenee IN the views presented by Ms. P.
The District Attorney, ME KEI then read 10 the Court
the following paper and remarked that considering the Oh
ee' OF the prosecution nave been fully Accomplished he
thought to be his duty TO enter ns rosega in the case
81 have to say TO the honorable Court that this ndct-
ment not Instituted BY me with anv view =, obI,,
redress for injury done myself my wife i'm the pub
cation .! the letter complained Of lbe!ous bur eIeu
sVey 10 get an opportunity Of trying truth of the se
eusauons made by Francis Thomas in his pampLet Of
lei9 against ms thea wife, the niece OF my wife Asa
proof oi this rs record will show that this indictment on
the letter was not instituted until March lsl5 whom the
pamphlet was published the letter itself hay. been nah
hshed nearly one year before that time. This pamphlet
was an ampAheanon, asgravauon and extension Of the
letter and specifications under the letter. with a5ditions
OF the general charge contained in the letter and directing
the same Poineey against the then Mrs Thomas niece
OF the VIE Of the prosecutor To Try these accusations
against hsr was tue sole object Of the UNDERMINED m in
shutting the Indictment. These accusations heinz now,
Opposed OF in Satisfactorily 10 the injured I,dy ana
her friends have cay this honortbs carr b,t tho
end aimed at BY ms IN me indictment y 5ccomt
have desire proceed further with the case and
leave It TO the United States Attorney dispose OF il a.
be thinks proper. THOMAS II. BENTON"
The Court sgnfed their appfobalon Of the digestion
OF the District Attorney and expressed their pra1ca,on
that end put the They directed the nollo
prosequi 10 BE- entered and several papers offered b
Gen Jones' Mr. Preston. and the Dsuet Attorney to b
filed