Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-11-16
THE CASE OF WILLIAM L. CHAPLIN.
PROM ..rHE RgrusLIc.n


FROM '.rHK REPUBLIC"
Il will be recoected that the night Of the 9Th Of Sep
TENDER last WILLIAA L. CHAPLIs arrested in Montgo-
merry county, Maryland short distance from the District
line by Captain j. H. Goddard assisted by officers Handy,
Wolard Cox and Davis, and Messes. Cook, Butts and
Smtha having in his possession two slaves the property,
severay, Of the Hon. A. H. Stevens and the Hon Robert
Toombs, of Georgia. who that time serving in Con-
eess that spirited conflict Of occurred between the
occupants of The carriage and the pursuing parties sad that
on being taken back the city Of Washington Mr. Chaplin
was imprisoned and then released giving BAH the sum
OF So 900 to appear before the Criminal Court Of the Dis
ct of Columbia for the abduction of the Two
slaves.
Subsequently, the reqston Of the Governor Of Mary
land he was delivered the sheriff Of Montgomery county,
Maryland where be has remained to the present mea Pc
Rod of about two months.
On the former hearing Of this the power of the mags
rae to bail The prisoner discussed but tho demand was
waived by his counsel and the again up Tues
day. the 18th instant in the Montgomery county court be-
fore his honor Judge BREwER Judges Dorsey and Wilkinson
being absent
There appeared the prosecution, G. a. Richardson, the
Attorney General for the State Of Maryland and the Hon.
Robert l. Bowie for the prisoner, Mess. Charles H. Pits,
of Baltimore; d. RadcH oil Washington and John Brewer,
Of MONTGOMERY county, Maryland.
Mr. PIrrs remarked the Court that there in
ctmens against William L. Chaplin; three charging an
assault and battery with attempt 70 kill Mssss j. H.
Goddard William Smthia, and Richard Butts two, larceny
of the slaves Of Messs Stephens and Toombs and two
Others charging the with assisting the slaves escape
from their masters contrary the act Of Assembly OF lS49
The object Of the counsel Of the prisoner at this time
that he be baed and that the amount be fixed All the
cases. except the last, simply msdemeanors The
he believed returned today the prisoner
IL 49, .lals
bail be allowed matter Of right and that the court would
granting it, take into consideration all the circumstances OF
the case, including those Of the accused.
MI. Bowie instructed say that the State
ready for trial. Bail merely required secured for the
appearance of the prisoner and they were informed by his
counsel that the accused not ready for trial. he sup
posed that the material considerations should form
basis foundation for the request which had been made
such the belief that fair trial could not be had long
delay absence OF important witnesses and then the
Of bail be left to the discretion Of the court He
could not with his friend in saying that bail was
matter Of right The hear the testimonies the
amount Of bail always depends the circumstances which
surround the crime or the offence charged
Mr. PITrs had understood that in such
that which had been presented by the grand jury bail could
be asked matter of right in the State Of Maryland
The gentleman the opposite side said that the State was
ready for trial The indictments filed in court only to-
day. and therefore it impossible that the prisoner bis
counsel could instantly make preparations to meet the ISSUE
He familiar with the practice Of this court, and could
speak Of it but the general practice elsewhere was TO
allow four days the accused TO make preparations for his
trial The case Of Chaplin ready for trial. for
good and sufficient Some Of the witnesses live in
the District Of Columbia, and others elsewhere out OF the
State of Maryland and their evidence is material to the de-
fence and was material and important the arrangements
that Chapns counsel should make preparations They had
supposed that the right be admitted TO bail would not be
controverted Magistrates cannot bail after the parties have
been committed the custody Of the court but OF mis-
demeanor as five of these indictments were, bailabe
far tho uhuIt
the court Ifthey shall not be ready hereafter for trial. they
will show for the continuance Of the case Though
the other side ready, they ought not to call for the
counter so early as this.
Mr. RICHARDSON had only remark to add. Whatever
may be the opinion Of the to the right of BAIL the
circumstances Of this particular transaction address themselves
the discretion Of the court and should be assured beyond
controversy that the bail to the attendance Of the
prisoner The notoey of this case, the presence the
counsel here the efforts which have been made to bail the
party anterior the Of this court and when in
dictmens have been found and counsel personally pre-
sent for the purpose of seeing to the interest Of this man.
suggestion must arise oheter the proposition to bail him is
not, effect, proposition for him to escape justice and
whether he is paying bounty for bis liberty by fixing
amount of ball. which, beyond all question, always in
tended to the attendance OF the party Tor trial. He
stands indicted for the abduction of two slaves the larceny
and assisting them escape rest the state Of facts
but assisting these slaves to escape through his nsu
mentality be attempted take the lives Of three individuals
Under these circumstances, and in consideration OF the facts
ton, his attendance here for trial.
MI. PIrTs objected to the improperly Of suggesting that
the bail asked intended to be forfeited He appehended
that the rights Of the prisoner stood the basis assigned to
all other pesons accused of offences He s here charged
with assault and battery with intent kill he is indicted
other charges namely abducDg two negroes the pro-
perry of Messs Stephens and Toombs and fer assisting them
to run away It seemed to him that the Court is pre-
that the intention Of the party in asking bail escape
trial The party, by law, innocent of the charges made
against him until be be proved guilty. and the finding Of the
grand jury pare testimony and the fixing Of ball. has
weight and consideration in the trial Of this We
here ask BAIL and make the application under protest that
it is be taken presumption that II is to enable this
evade trial, and cannot acquiesce in any such
We do not object to fixing the bail to the cir
Of the case and the ability Of the accused to give
it. The fact that the Government ready for trial ought not
press toe the accused with time for preparation
and he appealed the extensive experiences Of the States At
orney whether the daily and constant practice
to bail after indictments found and his most usual prac
tice After the indictments have been found 10 the prac
lice to fix the of bail. We have to give ball.
and not ready to try this case.
Mr. BowIE read from Blackstones Commentaries to show
that bail in certain grave offences not matter OF right
but matter of favor addressed the discretion of the
The CouRT said that the required consderaton and
that its decision the application for bail would be made
known on the ensuing morning.
On the meeting Of the Court morning, Judge
BREwER said that he had considered the application for bail
made BY the counsel Of VIM. L. Chaplin Tuesday. Ac
codng the practice Of the court bail could be allowed at
any time before ready for trial. It was however,
discretionary But indictments have been found against the
prisoner and unless reasonable cause be assigned the
court could not entertain the application present. The
court would, however, customary, allow time 10 the
counsel of the accused 10 prepare for a, bey having