The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-03-11
United States Francis Thomas. Indictment for
ibel.

on the part OF the prosecutions and Walter Jones Ohio
Scott and William p Nausby, esquues, counsel for the
defendant, appeared in court; and being asked by the
court they We're ready TO proceed in the trial OF the in
dctmen against Francis Thomas MIR Jones. one of the
counsel Tor defendants presented to the court paper sub
scnbed by all the defendants counsel accompanied BY
oral explanations, to the following effect
81 am now authorized 10 announce TO the court the
fact that this k some case is at an endhat all the
deteslable topics involved In forever sienced IN this
court.
g 1t remains for to explain how controversy 80
prolonged and intamed deplorable in all its incidents
and relations, has to a conclusion summary.
'lhe fact may appear somewhat startling at the first
view, when confess that we, the elected counsel OF the
defendant have acted this matter without his assent
or knowledge; nay more--tha have taken our
ourselves the responsibility of disposng of his
way which he would probably have disowned and re-
Whether any precedent may be found for the OF
discretionary authority 80 absolutely Independent. OF a
clients will, | know not but we hope il may be COM
mended to the appreciation and SANCTION OF the court by
the peculiar and extraordinary circumstances under
which have been called to act, and by the benecent
purposes which it is sole aim to accomplish no less
Tor the particular good OF client, than TO satisfy
some more comprehensive claims OF humanity and JUS
lce.
''When was first called to professional concern in
this case, was almost stranger 10 the defendant
had read nothing, and heard but ttle of the unhappy
and unseemly consequences OF his marriage. For the
twoyears during which the prosecution has been going
on my professional consultations with hun have been
principally the midst OF the agitatons and excemens
provoked by controversies occurring in the preliminary
Stages OF the prosecution.
at was not long, however, before | conceived some
doubts, Every far short, indeed OF any definite opnon)
of his competency either to perceive to judge ration
ally and saney, the facts and conclusions which he
founded his suspicious and accusations OF his wife.
found that his character and general powers OF mind
correspondent with all had before heard OF him a
OF many virtues, fine talents, and understanding
all such general subjects steered quite clear Of the
cuar grief that distracted it, not only sane, but solid
and brilliant This made it much the difficult,
and required much the longer and closer observation
and draw the uDSOund threads the
ure OF his mind. But when the clue once found,
the discrimination between the sound and the unsound
by contrast
Sin short it only step by step, and after long watch
ng carefully and closely the results of repeated eXami-
nations and examinations of his various statements,
that came at last to conclusion entirely clear to my
own mind, 10 justify me in taking II Tor the basis OF
any definite procedure in his case In that conclusion,
the two worthy and able gentlemen now present, who
have been associated with for his Defence entirely
concur and their opportunities for Judging dscreety the
condition of his mind have been quite equal If not supe-
nor, to my own
sour conclusion is distinctly this that all his past and
present suspicious OF his wife but the unreal phan
asms OF mind under the domination OF as yet invlncibe
deuson that particular sublect-a delusion which,
however partial and limited in the extent OF its morbid
ELECTS places him, to that extent in the irresponsible re-
aton to penal justice which results from that cond on
OF the human mind from the ancient times referred
to the judicial visitation OF God but with what proprety
either in philosophical in religious sense so refer
red undertake not 10 !.
''We desire to have conclusion distinctly stated
and understood to this effect also: that, notwithstanding
this deuson on particular subject the general powers
OF his mind have remained unmpaired and clear when
undsturbed by the ense activity OF the morbic causes
TO which we have acverted
at may be objected by some perhaps, that we have
taken upon ourselves latitude OF discretion not abso
utey necessary to the end in view, since might have
put our clients defence this plea OF mental delu
sion, and have left it for the jury TO Judge its validity
in that course-the possible collisions between counsel
and their CLIENT he laboring to illustrate the efforts
of his counsel to acqut him. and dscamng the only plea
which could give him possible chance of acquttal
sstng to hold himself responsible for the offence charged
against him and, whilst he labored to saddle himself
with that responsibility, punging deeper and desper at
duty to him the benefit of this defence, in some
form, imperious and absolute; the very nature and
terms OF the defence involve papabe absurdity IN the
supposon that client could dispense from duty
so imposed. We left, then, the option of only two
modeswe must act either without his consent, agains,
his will Overruling considerations of expediency and
decency determined our choice of the former.
eve given to understand that the prosecutors will
accept the certified result of our investigations salts
factory to all the demands of justice which was
the purpose of this prosecution to enforce We, there
fore ask leave OF the court to place record the Official
declaration, presented OF reasons for renqush-
ing the justification contemplated by our client, as de-
fence against this prosecution"
United States VS. Francis Thomas
eve have thought duty, under the extraordi-
nary circumstances OF this case TO withdraw all partlci
patton part counsel for the defendant, any
OF the charges promulgated in inferred from the paper
wherein he stands indicted against his former wife, the
present Mrs Sally {. p Mcdowell and to state unequv-
ocay our reasons for doing.
Aier the most anxious and careful investigation into
the alleged facts and circumstances in which those
charges, and the shocking suspicious entertained by the
defendant OF her purity, originated, thoroughly
convinced beyond any rational doubt, that there is
evidence justly and fairly considered, to justify them or
to give them any color of probability, to Justify any
suspicion, grave light of their reality; and that all
those suspicious, and all the gross charges growing on
OF them, originated in unhappy deuson, destitute Of
all real foundation in fact but exertng irresistible sway
over the mind and Imagination of the defendant and
which, while they were accompanied with many vasca-
tons OF mind, evncing the deepest for the con-
sequences OF his suspicious he found himself at different
times, impeed, by the overmastering power of morbid
delusion aone TO uphold before the public.
ln the hope that this declaration may the double
purpose OF bringing the defendant himself TO caImer
reflection, and to more wholesome exercise of the
native powers OF his understanding to rid himself
grels and dsappolntments of lady deeply injured in
her prospects and happiness when her real character
and conduct both maid and wife, made her deserving
in opinion of all the felicity and all the fair fame that
can fall to the lot of feel that are trans
crossing professional duty but are obeyng those calls
y to disregard, when sincerely subscribe this declare
ton. "WALTER JONES'
GOTHIC SCOTT
''WM p. MAULSBY
"March s, 1Si1"
Mr. Preston, after congratulang the court on the ter
ments to the counsel the other side for the honorable
and proper course they had pursued read the following
paper
Z" United States vs.. Francis Thomas
My appearance on the part of the prosecution in this
case was exclusively for the purpose of vndicating the