The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-02-09
LOCAL MATT ERSs.

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( APPLICATION 10 RELnAsE CAprAiN scHAuMBERG
| on BAIL. esterday Captain James W Schaum
berg was brought before Judge Crawford, of the
criminal court in chambers, on writ of habeas
corpus, directed to the marshal of the District
he was attended BY the Hon.. James Cooper. of
Pennsylyania, R. S. Coke, and Charles s. Wal
ZACH, eeqs., as bic counsel. TIE United States
were represented BY Mr. Fendall. district attorney
The application was to admit Schaumberg to BAIL
The testimony of Drs. Miller, May, Boyle, Hoi-
mead, Spence, and Saunders, was taken az to the
present condition Of Fuller, and all apparently
agreed in the opinion that his situation was ex-
tremely critical. Testimony was then taken as to
the facts touching the shooting of Mr.. e. H. Fuller
with pistol last Wednesday evening at the Ma
tlonai Hotel; and which differed very little from the
details already printed Other testimony was also
adduced to show the conduct of the parties pre-
vious to the affair."
The argument on the writ was opened by Mr..
Cooper for the accused The object of the habeas
corpus was, he stated, to admit his client to bail
Nearly week had elapsed since the unfortunate
occurrence, and the testimony of the physicians
says Fuller is daily improving, and the chances are
IN favor OF his recovery. The court, in addition to
that fact should look to the great provoca-
ton given for the Offence. The object of bail
Is to bring the accused to the bar of JUS
tlce. Here we are ready, said he, to offer
any amount of bail. He was instructed by ten
or twelve Senators to say that they would be-
come responsible for any amount for Schaumberg's
appearance at any time; but as local bail would
probably be required by the laws of the District,
that also was forthcoming. He hoped the court
would consider all the circumstances of the case
the grlevous provocation-no attempt to escape
no yindictive manner-and if, under the aggrava-
ton to the prisoners honor by the published pla-
card, such result ought not to have been expect
ed, and was not in fact invited. The accused has
no desire to avoid public trial, but invites it,.
He desires liberation on bail from our county Jail,
which the learned counsel characterized as a dis
grace to the country, and not until he visited it in
person did he believe such one could exist here
under the eye Of Congress, whom he trusted would
soon remedy the evil. In conclusion, he paid
high compliment to the personal character of
Schaumberg, and trusted his honor would grant
the application.
The District Attorney, in opposition, contended
that the previous publication of Schaumberg
against Fuller was equally provocative with Full.
ler's late placard. But these things had nothing
to DO with the matter. He resisted the applica-
ton, because Schaumberg armed himself with a
pistol and knife, and started on an inquiry after
Fnller. They had passed each other frequently
since the publication of the pacard. On the night
In question, Fuller being unarmed, on entering
the National Hotel, where his right to enter was
unquestionable, he was shot by Schaumberg, and
pursued by him across the avenue with knife. If
Fuller were now dead, would the court listen to
an application for bail? He presumed not The
testimony OF the physicians showed that the pro-
liabilities OF his recovery are slight, and chances
were against it. II, in the opinion of the court,
Fuller is likely to recover the prisoner should be
balled; it otherwise, he should not be. At all
events, the decision should be reserved for few
days, until it was ascertained whether he would
survive not. AS to the condition of the iail he
added, be had never heard of any complaint
about it, save its insecurity. In conclusion, he
desired strongly postponement of the decision.
The argument was concluded by Richard s.
Coke, esq.,, in favor of the motion to admit to BAIL
Referring to Mr.. Fendall,s speech, he asked had
he satisfied his honor that any other crime than
the attempt to kill was committed? The District
Attorney stigmatizes the offence already as an at
tempted murder, while the commitment itself spe-
Gifted much differently. He went into narration
of the facts Of the case, for the purpose he said,
of disabusing the public mind from the erroneous
statements put forth in the public prints and
throughout the community.
He then traced the whole controversy, and re-
ferring to the note from Fuller to Schaumberg, in
which it is stated that the placard was but pre-
liminary, what else could the latter expect, said
Mr. Coke, but another personal ASSAULT He re-
ferred to Fuller's declaration to Major Tochman
that che would fog Schaumberg again, and cut
off his ears" Following this point up, he ar
gued that. on the night of the Iamentable &C.
ES,.Il1 zl.1 CT
did not pass, but stood confronting him, with
his hand in his pocket, as if armed. What
else should he do but defend himself? He
drew his pistol and fired. He pursued him, not
deeming he had wounded him. When he had as
certained such was the case, he returned to the
hotel p1rsued by the mob; he repaired to his ROOM
and when the officers of justice appeared delivered
himself up, and avowed the act. He contended it
was ydefenee. Schaumberg was not bound to
wait for the first attack. He had every reason to
expect an assault, and was justified in acting as
he had done. There was no malice prepense-no
malignity OF motiveto enttle this case to the ap-
pelation OF murder. He commended, in couclu-
sion, that the case was one of such character as
to fully entitle the accused to be liberated on rea.
sonabe bail for his future trial
Judge Crawford then proceeded to deliver his
opinion. He dismissed the objection to the form
of the imminent of the accused, not affecting
the case. The law could make no other form.
Fuller still lives For the present he could not, in
deciding the motion. enter into the facts of the
affair. Should he die, then the degree of killing
would properly come before the court on similar
motion. aas ~ sagF.is-
The court now would confne itself to the testi.
mony of the physicians to the condition Of the
wounded man. After citing and reviewing such
testimony, he remarked that the weight of the evil
dence aeened to indicate that the uzonnded man