Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-08-19
UNITED STATES CRIMINAL COURT, D. G.

| UNITED STATES CRIMINAL COURT, D. C.
| BENTON.
On "Wednesday morning the Hon. THOMAS H. BEsToS, u.
States Senator entered the Criminal Court in custody Of
Deputy Marshal Handy and in company with w. G. JONES'
Esq and the Hon JAMES b. BowLIs, Representative in
Congress from Missouri his counsel and applied for and OBJ
tanned writ Of habeas corpus under the following crcum
stances:
On Monday last the honorable gentleman was arrested by
virtue Of issued by Justice MARSHALL on the oath
and complaint Of Mr. GEoRGE B. WALLIs Reporter for the
New York Herald, charged with being about commit
breach Of the peace by fighting duel with the Hon. A. p
BUTLER, United States Senator from South Carolina The
heard before the Justice Tuesday and again on
"Wednesday morning. when the defendant was ordered to en-
ter into recognances keep the peace which he perempo
ry refused to do and was thereupon committed the
tody of the Marshal of the District of Columbia The officer
whose the honorable Senator entrusted for safe
conveyance to proper place Of security however, allowed
COL BENTON to make personal application for writ of
abeds corpus to Judge CRAwFoRD who then sitting
try the longproacted of the slave seae of the Pearl
The writ issued accordingly and o'clock fixed
hear the evidence, COL BENTON being permitted
to his home his parole a representation to the Court
that Mrs. BENToS severely indisposed
At the time appointed the Marshal of the District General
WALLACE, made his return the writ bringing up the de-
fendan and the Court proceeded examine witnesses.
Mr. WALLIS the complainant described The in the
Senate Chamber late hour Saturday night last
which the newspaper press has given publicity and stated the
substance of that challenge had been conveyed
Col BEsros by friend of Mr. BurLEp and the general be-
ethat hostile meeting about take place Another wit
nessMr H. M. PREvosrdeposed that he had heard the
Hon. Mr. HASNEGAS, Of the United States Senate remark
"Well old Bullion is quick fixing the time he only
challenged this morning. and have heard the time already
But he had personal knowledge Of the affair." and
queny his was mere hearsay testimony.
The Hon. Willie P. MASsUM, United States Senator
from North Carolina, and the Hon. H. 8. FoorE, United
States Senator from Mississippi who reported be
cognizan of the affair the friends of Mr. BUTLER
sought for give testimony but the officer reported that they
were est inpentus.
DANIEL RATcLIFFE, Esq, who appeared the bcuna
enens of p B. KEY ESQ., the District Attorney (who had
been compelled to retire in consequence of painful pdpos
ou, desired the to be continued to afford opportu
nifty bring up these Witnesses which resisted by the
for the defendant Mr. BowLIS suggested that the
Court would continue for the purpose of bringing
up witnesses who could give testimony without duplicating
themselves and who therefore mig refuse testify and then
proposed to call witnesses prove that Col BESros
abiding, peaceabe man, and good citizen. Testimony
taken that point and the further postponed
to 81 o'clock yesterday afternoon.
AT halfpast o'clock Mr.. RATcIrrFE announced that he
was unable to produce Mr.. MAseUM and Mr.. FoorE The
latter gentleman reported had gone the Springs
but Of Mr. MASeuM intelligence could be obtained. Mr..
WALLIS again briefly examined by Mr. JONES
the Of his information but Mr. RArcLFE produced
no other witness.
Mr. JoSEs them behalf of Col BENTON, stated to the
Court that Col BESToS relied his character orderly
citizen and he willing be compromised by giving
bail when there evidence whatever impicae him.
On that ground he submitted the case the Court.
The CoURT, after commencing the course pursued by
Mr. Wallis for the preservation Of the peace, and the vigilance
Of the Magistrate reviewed the testimony adduced and the
applicable to such cases. and expressed the opinion that
nothing had been shown which would justify the Court in
holding COL BESroS bail He was, therefore, Of opinion
that COL BESTos must be discharged.
Mr. RATcLnrE said he concurred with the Court 10 the
absence Of material Witnesses who could be produced the
evidence certainly insufficient deisn the defendant
The CouRr replied that there particle Of evidence
before the Court.
| The defendant accordingly discharged.
i ApprsT or Mn. BUTLyp.-The Hon. A. p, BUrLyp,