Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1847-03-13
No. 296.
UNITED STATES vs.. FRANCIS THOMAS.

Circuit Court Washington county, d. c., March 8, le47.
indictment for Libel
Gen. JONES' OF counsel tor the defendant said that he had
the Court the end Of this troublesome and de-
poabe controversy and that the conclusion was arrived at
without consulting the defendant but upon the responsibility
of his counsel The learned gentleman did not know that
precedent could be found for this proceeding but hoped
that under the extraordinary circumstances of the it
would with the appreciation Of the Court Two years
had elapsed since the publication by the defendant Of the OBJ
noxious paper which this indictment instituted and
taking with the subsequent collateral crcum
stances after the most careful and deliberate investigation the
counsel defendant had undoubted convc
on perfectly and entirely satisfactory to themselves in refer
this cause that the whole controversy had originated
in what by the designation OF the day. was known
and might be called visitation of God The gentemanpro-
secuted Of many virtues of fine and indeed eminent
talents with understanding upon general subjects not only
sane but brilliant and solid but his counsel entirely
WINGED that upon the particular subject OF his unhappy rela-
tons, he has beon and sufferer under this visitation of
God While the general powers Of his mind are clear and
unmIarcd, there is morbid deuson tracable throughout
the history of this unhappy difference, diseased condition Of
the mind on this particular subject which cannot be question
ed We that while he entertained for his wife the
dotng affection his mind vacatei between 1t and this par
cula deusion and that this of mind still exists fear
is beyond dispute. We aware, may it please the Court,
that in this view of have taken very extraord
nary discretion ourselves might have gone into the
upon plea of mental deuslon but that would have
subjected the progress of the interruptions
aud great difficulties We think the that have
taken the readiest and tho best for the ends Of justice
while we must that have taken the bey adopt
upon responsibility, and without consultation with
the defendant We hope this will be considered fair and
ample the sole object of the prosecution. The
for the defendant therefore, ask leave to submit to
the Court written declaration, abandoning all the purposes
of the defendant of establishing the truth of his charges
against the prosecution in this cause
United States vs.. Francis Thomas.
We have thought duty under the extraordinary cir
cumstances of this CASE withdraw all participation
part counsel for the defendant in any line OF defence going
upon the maintenance OF the truth OF the charges promulgated
inferred from the paper wherein he stands indicted
against his former wife, the present Mrs Sally G. Mcdowell
and TO state unequvOcally reasons for so doing
After the anxious and careful investigation into the al
legged circumstances which those charges, and the
shocking suspicious entertained by the defendant OF her purity
originated are thoroughly convinced beyond any rational
doubt that there evidence justly and fairly considered,
justify ham give them any color Of probability
justify any suspicion, grave light OF their reality and that
all those suspicious and all the gross charges growing out of
hem originated unhappy deuson, destitute OF all real
foundation in fact, but exerng irresistible sway the mind
and Imagination of the defendant and which, while they
accompanied with many vaca,ions of mind, evincing the
deepest for the consequences OF his suspicious he
OF marked deusion alone, to uphold before the
public.
In the hope that may the double pur-
pose bringing the defendant himself cae reflection, and
more wholesome of the native powers of
Outstanding rid himself Of his unhappy deuson, and also
Of aaying the ges and dsappoinments of lady deeply
ued 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 oil the fair fame that
fall to the lot Of woman feel that Gansgressng
professional! duty, but obeyng those calls 81 honor and
| he sincerely suhscnbes this declaration.
| WALTER JONES,
OHIO SCOTT,
| Manor 8, ls47 VIM. p. MAULSBY.
Mn PREsToS, after congatuatns the Court on the ter
mnaon Of the cause and rendering his Acknowledgements
the other side for the honorable
| they had pursued, read the following paper:
United States Vs. Francis Thomas.
My appearance the par; of the prosecution in this
exclusively for the purpose Of indicating the character Of
Mrs Sally c. F. Mcdowell from all charges and imputsons
fine made and for the purpose OF putting her nnocen
cy and purity before the and country and this purpose
beng by the declaration of the learned counsel
for the defence the record feel further interest
| case, and consider my functions in il at All end.
VIM. c. PRESTON.
Mn FExDALL briefly staeiihat his professional connection
with the the that of the honorable gentle
who had just down. and expressed his in
the views presented by Mn. +.
The District Attorney, Mn KEY, then read the Court
the following paper and remarked that considering the object
the prosecution have been fully accomplished he thought
it to be his duty enter a nolk proStqui in the case
al have to say the honorable Court that this Indictment
instituted by with any view to obsn redress for
injury done myself my wife in the publication Of the
letter complained Of hbelous but exclusively get OPP
pouny trying the truth of the accusations made by Fran
els Thomas his pamphlet Of ls45, against his then wife,
niece of my WIFE As proof Of this, the record will show
that this Indictment the letter notinstutsd until March,
s45 when the pamphlet published the letter itself hav
ing been published nearly year before that time This
pamphlet application, aggravaon, and extension Of
the letter, and specifications under the letter. with additions,
Of the general charge contained in the letter. and directing the
ponedy against the then Mrs Thomas, niece Of the
wife of the prosecutor To try these accusations against her
the sole object of the undersigned instulng the in
dcment These accusations being disposed of in way
satisfactory the injured lady and her friends have say
this honorable Court that the end aimed by in the in
dcment accomplished and that have desire to proceed
further with the case, and leave the United States Aor
ney dispose Of it as he thinks proper.
THOMAS H. BENTON"
The Court gnfed their appreciation of the suggestion Of
the District Attorney and expressed their qualification that
end pu, the They directed the noe proseg
he entered and the several papers offered by Gen. JosKs Mr.
PREsroS, and the District Attorney 10 be filed.
LOSS OF THE BRITISH STEAMER TWEED