Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1848-08-24
UNITED STATES CRIMINAL COURT, d. {

Judge Crawford, presiding. En- parte Thomas Hart
Benton.
Yesterday morning the Hon. Thomas H. Benton, l.
nted States S-natnr, entered the Criminal Court in
custody Of D-pety Marshal Handy, aud III company
with v. I dunes, Esq. and the Hon James B. Bow
lin. Representative in Congress from Missouri, his
counsel and applied for and obtained writ Of habeas
corpus. uuder The following ctrcumsl ances
On Monday last The honorable gentleman was arrest
I'd by virtue Of a issced BY Justice Marshall on
the oalh and complaint II Nj George B. Was. Re
porter fur tn New York Herald charged with being
noui ~ Commit breach Of the peace bV fighting duel
with the II A. p. Butler lifted States Senator from
South Carolina The case was heard before The Justice
On Tuesday. and again Of! "Wednesday morning, when
the defendant was ordered 10 enter into IecoguZnces 10
keep the peace which III peremptory refused to do,
was thereupon committed to the custody of the
Marshall q he District Of Columbia The officer to
whose the HONORABLE Senator entrusted for safe
conveyance - proper place Of security however. al
lowed Col. BENTON to make personal application for a
writ OF HdbeHs Corpus to Judge CRAWFORD, who was
then sitting 70 Try the long proracied Of he slave
,tea ers Of the Pearl The viii issued accordingly.
and one O'clock fixed to hear the evidence COL b.
being permitted 10 return to his home on his parole, on
representation to the Court that Mrs Benton was Sc
, veTrly indisplsed.
At The time appointed the Marshall of the District.
General v allace made his Of Il WRIT bringing
up The defendant, and The Court projected to examine
Witnesses.
Mr. Mas, ,h4 complainant, described he scene in
the Senate Chamber at late hour SATURDAY night
last, 10 which the newspaper press has given publicity,
and stated he substance OF rumors that challenge had
ben conveyed u Col. Benton by friend of Mr. Butler
and the ., neral belief that a hostile meeting was about
o take place. Another wiiness-AIr II. NJ Prevos-
depsed that he had heard the Hon. Mr. Hannegan uf
the United States Senate remark "Well old Bullion
] H. he no chaIla III
morning, and | have heard the time already" But he
had no personal knowledge of the affair, ana conse-
queniIy his was mere heresav testimony.
The Hon. Willie p. Mangum L. States Senator
from Norm Carolina, and he lion. II. $. Eoote q. =
Senator from Mississippi, who reported to be coy
INFANT Of The affairs The friends Of Mr. Butler. were
sought to to mony but She officer reported that
they Were non est utcentus.
Daniel Radcliffe, Esq, who appeared a. the locum
teHeaS OF L. b Key, Esq, the District Attorney (,sno
had been compelled % re Re II consequence % painful
indS position desired me 20 be continued afford
az opportunity to bring these witnesses. which wa
resisted by the counsel fur The defendant tlr Howln
suggested that the Court would not continue ease for
the purpose OF bringing up witnesses who could not gly.
testimony without duplicating themselves and ~a,
therefore might fetuse - testify au.! then ,.ed 20
call witnesses to prove thst Col Benton was . Ia abb
eng peaceabte man, and good citizen. Testimony wa.
taken on that point. and the further postponed
10 ) O'Clock yesterday afternoon.
- .haIt-pas nclock Mr.. Ratci.- announced .ha. b.
was unable to produce Mr.. Mansum ard Mr. Foot.-
!hc Latter genenan it rrp'rrd. .ld '.gone to tn.
Springs" nus Of N!r. Aiaognn il diligence could be
obaIned. Mr. " Ills wa. agail briefly cross esaIai.-.
bv MI Jones as to The % III l.rlu.on but IA
R2tcl fife produced no other witness
Mr. Jones then, behalf Of Sol Hen.o, stated 20 ,h.
CaurI thar t0l. Benton. relied his eharacte, as al
orderly ctIzen, and he no; willing to be compromr
red BY giving bail when there no evidence whaln.e
to lmplcate him. On t.lt g,oun. he Submitted the e.st
y the Court.
The Court after cornushdn. N. course pursued b,
NJ alls for the preservation of the peace, and til,
4 vigilance u The Magistrate. reviewed the ,estimon,
adducel. and the law applicable 70 such eases and
pressed the opinion that nothing had been shown Nhc
would justify The Court holding Col. Benton /, Bail
fe va, therefore, oto.nion lha, COL Benton must De
discharged.
Nr. Satcfe said he coacurred with the Cou,, u
the absence I" material witnesses VINO could not be pr.
dured, the evidence e.rsiny insufficient 10 del air
The defendant.
fhe Court replied thar .he,e vas no, particle 0: ~
ldence before the Cour.
the defendant was accordingly discharged.