The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-11-14
[REPoRTED Foa THE REPUBLIc.l
The Case or William L.. Chanlin.

| The Case or William l.. Chaplin.
IL will be recoected that on the night of the Stt
OF September last, William l.. Chaplin arrested
in Montgomery county, Maryland, short dis
| lance from the district line, by Captain ]. Ii. God
| dard, assisted by officers Handy, Wollard, Cox
and Davis, and Messrs. Cook Butts, and Smthia
| having in his possession two slaves, the prop.
erty, severay, of the Hon. A. IL. Stephens and the
| Hon. Robert Toombs, of Georgia, who were at tina
time serving in Congress; that spirited conflict o
arms occurred between the occupants ofthe carriage
and the pursuing parties; and that, being taker
! back to the city Of Washington, Mr.. Chaplin wat
| imprisoned, and then released on giving bail il
| the sum of $4,000 to appear before the Crimina
Court Of the District of Columbia to answer for the
| abduction of the two slaves. subsequently, on the
| requisition of the Governor of Maryland, he was
delivered to the sheriff of Montgomery county
Maryland, where he has remained to the present
time-a period Of about two months.
On the former hearing of this case the power OF
the magistrate to bail the prisoner was disc used
but the demand was waived by his counsel, and
the case again came up on Tuesday, the 10th in
slant, in the Montgomery county court, before his
| honor Judge Brewer, Judges Dorsey and Wlkin-
son being absent.
There appeared for the prosecution, G.. r. Rich
ardson, the Attorney General for the State Of Ma
ryand, and the Hon. Robert /. Bowie; for the prs
oner, Messrs. Charles ii. Pitts, of Baltmore d.
Radclif, Of Washington; and John Brewer. OF
Montgomery county, Maryland.
Mr.. PITTs remarked to the court that there were
seven indictments against William l.. Chaplin
three, charging sault and battery with an a
tempt to kill, (Mlessrs j. H. Goddard, William
Smithia, and Richard Butts j two, larceny of the
slaves of Messrs. Stephens and Toombs and two
others, charging the prisoner with assisting the
slaves to escape from their masters, contrary to the
act OF Assembly OF lS49. The object of the counsel
OF the prisoner, at this time, ask that he be
baiied, and that the amount be fixed. All tho
cases, except the two last, simply INSIDE
meanors. The indictments, he believed, were re-
turned to-day the prisoner had had no time to
prepare for his defence and he asked that bail be
allowed as matter OF right; and that the court
would, in granting it, take into consideration all
the circumstances OF the case, including those of
the accused.
Mr.. BOWIE instructed to say that the State
was now ready for trial Bail was merely required
as security for the appearance of the prisoners and
they were informed by his counsel that the accused
was not ready Tor trial He supposed that the most
material considerations should form basis GONE
foundation, for the request which had been made ];
such as the belief that fair trial could not be had
long delay, or an absence Of important witnesses;
and then the matter OF bail to be left to the
discretion OF the court. He could not concur with
his friend in saying that bail matter of right.
The court must hear the testimon y-as the amount
VI jail always Oeptnus on tne winch
surround the crime or the offence charged.
Mr.. Pitts had never understood that In any case,
such that which had been presented by the grand
jury, bail could not be asked a matter Of right
III the State OF Maryland. The gentleman on the
opposite side said that the State ready for trial
The indictments were filed in only to-day and
therefore it impossible that the prisoner his
counsel could instantly make preparations TO meet
the issue He not familiar with the practice Of
this court and could speak Of it, bu. the general
practice elsewhere was to allow four days to the
cused TO make preparations for his trial. The
OF Chaplin was not now ready for trial, for good
and suihclent reasons. Some OF the witnesses live
In the District of Columbia and others elsewhere
out OF the State OF ryland and their evidence is
material to the defence; and it material and
important to the arrangements that Chaplin coun-
sci should make preparations. They had supposed
that the right to be admitted TO bail would not be
controverted. Magistrates cannot bail after the
parties have been committed TO the custody of the
court but cases Of misdemeanor, five of these in
dctments were, balable. The counsel for the de-
fence merely submitthe question to the Ifthey
shall not be ready hereafter for trial. they will show
reasons Tor the contn uapce of the case. Though
the other side ready, they ought to call for
the encounter so carly this.
Mr.. RICHARDSON had only one remark to add.
Whatever may be the opinion Of the court 10 the
night Of bail, the circumstances of this particular
transaction address themselves TO the discretion of
the court and it should be assured beyond contro-
versy that the bail is to secure the attendance of
the prisoner. The notorioty Of this case, the pre-
been made to bail the party anterior the term OF
this court, and now, when indictments have been
fOund, and counsel are personally present Tor the
purpose OF seeing 70 the interest OF this man,
suggestion must arise icheiher The proposition 20 bou
him IS not IN effect, proposition for aim 10 fscape
justice; and whether he is not paying bountv for
his liberty by fixing the amount Of oail Which
beyond all question, is always intended 10 secure
the attendance Of the r-ctv. or for rial He
stands indicted for me abo1etion az two slaves:
Tue !arceny ara assisting them 10 escape rest on
te same state Of facts; but in assisting these two
slsTes 10 escape through his instrumentality, he
attempted to take the lives Of three individuals.
Under these circumstance, and in consideration
OF the facts the amount of bail should be such
secure, beyond question, bis attendance here for
trial.
MIR. PITTS objected to the mproprietyo OF suggest
ing that the bail asked intended 10 be forfeited
He apprehended that the rights Of the prisoner stood
on the basis ars gned TO all other persons accused OF
offences. He is here charged with assault and bat
terry with intent 10 kill; he indicted two other
charges, namely: abducting two negroes, the pro-
perry OF Messrs Stephens and Toombs, and for as
sisung them 70 run away. II seemed 10 him that
the court is not TO presume that the intention of the
party in asking bail is to escape trial The party,
| by law, is innocent Of the charges made against
him until he be proved guilty; and the finding OF
tue grand Jury, on en- pdrfc testimony, and the nix.
ing OF bail, has no weight and consideration in the
trial OF this case. We are here TO ask BAIL and
make the application under protest that il is not to
be taken as presumption that it is enable this man
TO eyade trial; and we cannot acquiesce in any
such presumption. We do not object TO fixing the
bail 10 the circumstances Of the case and the ability
Of the accused 10 give il. The fact that the govern
ent s ready for trial ought not 10 prcss the Issue
on the accused, with no time for prepare ton and
cappeaed 10 the extensive experience OF the State
Attorney 10 say whether IL is not the daily and
slant practice to bail after indictments found,
and his most usual practice. After the indictments
have been found it il the inevitable practice to fix
the amount Of bail We have como TO give bail,
and are not ready 70 try this
Mr.. Bowie read from Blaokstone's Comment -
ries TO show that bail in certain grave offences was
not a matter Of right, but matter Of favor, adj
dressed 10 the discretion Of the court
The CouRT said that the required considcra-
ton, and that its decision the application for bail
would DC made known on the easuing morning.
On the meeting Of the court wednesday
morning, Judge Brewer said that he had consid-
cred the application for bail made by the counsel
OF VIM. l.. Chaplin, on Tuesday. According to
the practice Of the court, bail could be allowed ut
any time before cases ready for trial. II was,
however, discretionary But indictments have
been found against the prisoner; and unless some
II ho ,goier .ad tbac