The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-18
WAsHrSGroS, August l6, 1s4s


A hearing was had to. day, before his honor Judge
Crawford upon writ Of ha5eas corpus, in the Of
the United States against the Hon. Thomas H. Benton
U. s. Senator from Missouri. Mr. Benton had been
arrested in consequence of deposition that he
tempated fighting duel and having refused to give
bail to keep the peace committed whereupon the
writ Of habeas corpus was issued
Mr.. RADCLIFFE, for the United States, stated the
case.
Mr. BEsros requested the indulgence of the Court,
Mrs. Benton very i'll, and he desired to
sit with her. If the Court would permit him to
retire, he would consider himself before tho
Court The Court acceded to his request, with
the understanding that if decision come to that
bail should be given, that he would appear at once in
person before the Court
The Hon. Mr. BowLIN, of Missouri appeared for the
defendant he said, that he did not intend to make
any technical objections, but contended that some
thing more than vague suspicion was necessary. to
demand man to give bail to keep the peace. 1t
not sufficient to show that challenge, for instance
had been sent by to b in order to arrest you must
prove that accepted it, If the whole world conspred
against Mr.. Benton and heapsd insult upon him, it
evden ce that he int nded to violate the law.
Mr.. RArcLIrFg thought he should be able to prove,
that there sufficient to justify the arrest
the defendant and also to prove that the defendant
rent the challenge.
Mr.. WALLIS, one of the New York Herald re-
porer and who had given the information which led
TO MIR Bentons arrest was then duly He
stated that he had reported that portion Of the debate
in the Senate, on Saturday night, during which the
e,aeue between Messrs Benton and Butler occurred,
ard that he considered the language then used taken
in connection with information he had received that
hostile messages had been interchanged as mt
to warrant his belief that duel the tapis and
that he bad, consequently, taken measures to pre-
vent It.
Of South Carolina, who had just entered the room.
Mr.. HOLMES What do you want with me
Mr. RatcLifFE-l want to see If you know anything
of the matter!
Mr.. HoLms-well, really, | must appeal to the
Court. As a stranger, ] don't think you show
much courtesy. am rather young man (hes about
6C and rather ddent not being accustomed TO speak
in public and should like TO know what you
prove by me- before ! mount the stand this hot day.
MIR H. then made legal objection to his being calel
namely, that connection had been proved be-
tween himself and any Of the parties he could be
The Court wished to know what Mr. Radcliffe in
tended to prove by MIR Holmes
MIR. RATcIiFrE thought he might know somethip
about the challenge
The Court did not think IL would be proper TO ase
him for, If he himself had carried the challenge is
might get him into scrape. II he did not carry
it, then was proper the person who did should be in
court to hear the accusation
bring forward Mr. Foote at the Springs, and Mr..
Mangsm could not be found He suggested that the
Court should take recess for few hours SO az to see
II Mr.. Mapeum would turn up.
Mr. Bowls was perfectly willing, If his witnesses
could be heard at once; which was agreed to.
ton very qaiet, inodsnsve gentleman, and a
very good negbbor.
The Court was convused with daughter during this
eyidepce and, the counsel for the United States
agreed to take for granted that Mr. Benton was not
brawler the remainder Of the witnesses as to cha
racter-some dozen or two--were dismissed.
Tie Court then took q till half-past three
O'Clock.
When the court opened ia the afternoon, the
Judge read note from the district Attorney, saying
that he was sick, and would be unable to attend,
Mr.. RADCLIFFE. for the District Attorney, remark
ed that Mr. Nangum the chief witness but, owing
TO his position senator, he could not be compelled
10 attend.
The court agreed that the constitution enabled Mr.
Msngum to aoKere to the privilege Of refusing attsn
dance mir. Mapgum, however, previously testified
before eistrate in relation to the affair between
Benton and Butler; but this was Voluntary
Mr. JoSrs, one of the counsel of Col. Benton, sx-
pressed a desire to ask MIR. Wallis a few questions
That gentleman was accordingly recalled, and took
the stand.
MIR JosEs.Wiil you be good enough to repeat what
you heard at the telegraph Office ON Monday!
Mr.. WALLIs-When was at the telegraph Office a
gentleman whom did not know, but who was entitled
torsptct judging by his company said to that he
lad Just heard that challenge bad been taken up by
Mr. Napgum from Mr.. Butler to Col Denton and that
NJ Icote vas second Of Mr. Rrtlsr. lhcrescreI