The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-03-18

From tie Nlw O,4sss DsAs " H. ~ jaats&t
FIsALk or rzx CuyAs TR1ALs--TnI MoUnTAix
BRIuGIsG FORTH M0Usx---NoLLx PxogE-
Quis IN ALL THE CASES
The jury in the Of the United States w.
Zen. Henderson, on an indictment for violating
the neutrality laws Of the United States, cams
INTO court yesterday ut the opening Of the
court The case, we should have remarked be-
fore, was given to the jury on Thursday, after =
closing argument from Mr.. Hunton, disfsict at
torney, and a charge from the judge The Jury
retired at three o'clock, and immediately on
taking the vote, they stood sIeuen for ocqutal to
one for guilty. They remained thus until YES
terday morning, when they came into court, and
the foreman, our venerable feiIow-eitixen, T. X.
Hyde, stated to the Judge that it was impossible
for them to agree.
Dir. Hunton then rose and stated that, a he
had done his duty under the lawns all the
means which he could employ to procure u con-
clusion to their labors, had failed, he now. with
the aequiescence of the court, would move .
nolle prosequi in the case Of the United States
Us. John Henderson also, nolle proseQuis in the
cases Of the United States u.s. John A. Quitmap.
L. J. Signr, Narclso Lopez. A. Gonzalez, O'Hera.
Pickett, Bell, Wheat and others In fine, the
whole set OF indictments, upon which MessrG
Hunton and Benjamin had expended 10 much
labor and ingenuity, went by the board at one
fell sw0op, and the vexatious prosecutions which
have engrossed the time Of the United States
for months past, and subjected - parties to
great Inconvenience, have been abandoned by
the district attorney.
Though the course of the district attorney is
no doubt prudent and proper one, it must not
be imagined that there is not little finesse and
management abOnt it. The case of Gen. Hem
derson was perhaps the strongest one which the
government could have made. The failure Of
that case would justify the district attorney in
disseminating the other cases, and by 80 doing
he might leave doubt, suspicion attaching to
the skirts Of the gentleman who was chiefly
aimed at in the whole persecution: We refer to
Governor Quitman. 1t is well known that If
that gentleman's case had ever been attempted,
1t would have signally failed, and thus the gov
eminent would have had to bear the full odium
due to it for its violation of the sovereignty Of
a State Of the Union, in the arrest of its chief
executive, on charge which could not be main
tanned, which was frivolous in its nature. and ut
tery unsustained by the law and facts.
10 avoid this Notifying result the prosecu-
tionvery cunningly involved Gov Qutman with
all the Others, most of them young men, who
took an active part in the expedition to Cuba,
and thus leaves shade Of doubt hanging over
case, which the slightest attempt to bring to a
trial would have Immediately dssipated. We
shall no doubt hear the enemies of Gen. Quit
man declaring now, that if the matter had ever
come to trial, it would have been made out
against him. Against this conclusion we have
the positive denial of General Quitman,-his
solemn assurance of his entire Innocence of any
violation of the law No one who knows Gen.
Quitman will be likely to gainsay his pledge of
honor, whilst his reputation as jurisc onsuit so
highly complimented by Mr.. Benjamin in his
speech for the prosecution excludes all idea that
Gen. Quitman was ignorant of what constituted
a violation Of the law.
The maneuvre of the government prosecutor
will not, therefore, avail much wherever Gen.
Qultman Is known. The purpose of the district
attorney was well comprehended by the general
this morning, and accordingly he arose and stated
to the court that he was taken by surprise, by
the motion Of the district attorney--he greatly
preferred that the case against him should be-
proceeded with, being perfectly satisfied that it
would be shown to be utterly unfounded But
as the court agreed to the motion of nolle prose
qni, he desired to know if the same rule did not
prevail in the federal, as in some Of the State
courts, that the party originating the prosecu-
ton should be condemned to pay the costs if
there was such rule, he desired to put mark
on the prosecutor who had got up the charge
against him.
Judge McCaleb stated that there was no such
rule in that court. The court then proceeded
to the ordinary business of the court, fixing the
long deferred civil cases for trial on Monday.
The following are the names of the Jurors on
Gen, Henderson's case: T. X. Hyde, [foreman[
Francis Erris, Thomas Long, ]. j. Fitzpatrick,
John Granan, VIM. Ford, NJ r. Halliday.
Theo Chalon, lily. Hyams, Thomas r. Twitty.
VIM. Murphy, r. c. Vass. Ofthese, all except
Mr. Halliday, were for acquital.
Erom ihs Mill. P.o;sI.~