Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-05-18
EV ENING STAR.
Local Intelligence.

WELLS, TIE CoSvIor.-Dseisioa IN TIE
Na6sas CaSs.-We have heretofore published
the petition Of William Wells, to the honor.
able judges Of the Circuit Court of the United
Stasss for the District Of Columbis. s.ttine
forth that be was convicted Of murder At TIA
December term Of the Criminal Court for the
county Of Washington, District Of Columbia.
q son Of Mr.. Mundsll, Of the msrins corps'
being the viotin,) and was sentenced by aid
court to be hung on the sd OF April, 1852, On
which day the President OF the United States
granted him pardon Of the offence of which
ne was convicted, upon condition that be be
imprisoned during his natural lifs-thas ia,
the sentence o: death Ia hereby commuted 10
Warrington ;" Wells, in the conclusion of his
petition, said, 6. being duly informed by coun-
sci learned in the Law that the said pardon Il
absolute. and the condition invalid, he prays
Shs writ OF habscs corpus may issue to bring
him before the court, and, IL il 10 found thst
his confinement is illegal and contrary 20 Law,
be may be discharged from bis imprisonment
This case was argued By Charles L.e Jones,
Esq., for tho petitioner, and by P. d Key,
E:q for the United States, (tke points of
whose remarks were given in the Starr
This morning, the Circuit Court, through
Justice Morscll, pronoupe ed ia decision. Alter
reviewing the arguments which had been pre-
sented, and citing various suthori.ies he said
that the Pres dent Of :he United States has
the power TO grant a additional pardon, as in
this case, Tor . capital effeBoe Mex, as to
the place of confinement. If he had succeeded
In showing that the President Possesses this
power, the penissntiary, Of all others, would
seem 70 be the most suitable place II had
been urged that the peniteutiary was for per-
sons convicted Of offences punishable with i'm
prisonment and labor under the Laws Of the
United States or or the District of Columbia
Although the penitentiary ia prime; pally for
the pnrpose Of punishment in enumerated
cases, rs therein prescribed; yet, as it vas
built By tbs United States, AID is q charge
of United Ststss officers. paid BY the United
States, sud, Of course, ia under the govern
ment ard control Of ths United States, be
supposed, as the President, on whom the par
6oDiDg power is conferred by he constitution,
hsk the ri ;ht to cOmmu'e punishment in cspi-
tai cases, be hes the right, es q sequence, 70
use the penitsntisry for that purpose. Thore-
fore the application must be discharged it
coa,d not be sustained; the hs6s1S CO. pas
N lst be refused.
According to this decision, Wells will Ienain
In the penitsntiary.
TaE OTHER HABRAS Corpus CAss-Tu4f O.
fHs SAILORS The CiIcai, Court, after dis
disposing Of the Wells case, pronounced its
decision in that CT the four United States
sailors, who by virtue CT the sentence Of Q
eourt-martial in New York, and on. in Ncr-
folk, wore brought to the Psnitentiary OF this
District, where they are now imprisoned.
They contended, through their es1Dsel, C. l..
Jones, esq, that thsi- confinement is illegal
and contrary TO Law, they not haTirg, as they
state 10 their several petitions, been oonvistsd
Of any offence puni. with Imprisonment
At hard labor under The lava of the u tied
States or District Of Columbia; and asking 10
be discharged
Judge Dunlop pronounced tbs decision Of
the court this morning. He referred to the
petition OF Richard fiddle, who it appeared,
was enlisted in the naval service Is a sailor
In OctObsr, 1852 for the period of three years.
He was tried by general coult martial ct
Norfolk for ''mstinous eOoirot and language"
On the I'D OF February, 1854 convicted, and
sentenced 10 ten years imprisonment o. labor
In the District penitenisry. The proceed,
tngs, judgment, AID sentaGce Of the court
martial were submitted to the President of
the United States, and approved by him
The jurisdiction OF the cou;t martial, the
Court said, is not denied, bat It ia insisted
that the eour: martial exceeded its authority
by passing the sentence. lie read the Jaw Of
Congress Of 1850, for the government. of the
Navy, which preseribes the puni.hncnt for
the several offences kaovu to the naval ser
vice, to be determined by q court martial, the
Gnding to be submitted to the President for
his approval. 1t 7ss not, therefore, in tho
power of tho Circuit Court 10 revise or corrsst
thu error Of tbs court martial, if any sxis:s
The appeal mast Iis to the President v ho SOC.
6rmed the sentence of be CorEt Ias Circuit
Court could no. LOOK hey pd the record; IL had
no power 70 examine the proceedings GEder a
writ Of error, as The Law had pl2oed such Iris.
diction beyond It's power; * cam usuFp pow
~
doubt the courS martial had power TO punish
BIddle CT the crime OF which he was charged.
The Court vas satisfied that Richard Bi2dle
must be remAbdsd; AID tee same principls
applies 70 the ether three cases.
After the Judgment had been pronounced,
G. l.. Jones, Egg, :he counsel Of tho sailorg,
entered q suit Of dauiees sg8ips. the Ucited
State, Marshal for the false Imprisonment Of
his clients, and the oaSe will be- carried, on
appeal, to the supseme Court Of tho United
States
SOLDIERS OF TEE WAR Oh 1919 "A meeting
Of some Of the soldiers OF the late war With
Great Britain vas held yesterday afternoon,
In the chamber OF the Board OF Aldermen; J
s Williams in the chair, AMI Richard Bar
gsss acting as secretary. Ths obj4s: Of the
call was to carry into eGsc: tie organization
OF an Association CT the Survivors OF The
war Of 1872 Of the District Of Columbia :"
similar 10 those Of others CT this character
which have been established in several of the
States.
Tore was evidently disagreement Of sonti-
msnt amorg thoss preseRt; one side insisting
that the veterans who resided in thu District
az the time Of the war should take the iniria
tive in tie form alton Of the society; while
the other nsintsinsd that those who now re-
sids here, without distinction, should at once
proceed TO the business before them, and or
canine the association.
Several gentlemen were dssirous Of pos
ponirg all further consideration of tie snbjsct
until next November, when, they said, L would
Be time enough to Commence operations with
view Of induciny Congress to give pensions
to the old soldiers. Other gentlemen remarked
that the proposed District AS; ocia;icn Was for
Lo such purpose, bat rather for nGtuai relief,
and TO sse that tho pores; Of thogs amCag
Them should have decent burial. Ia fast with
view to benevolent and fIa'efaa, or cs.
These disagI eemsn,s prevented an organi.
satIon- molten 10 adj urn until Move uibsr
was voted CUEn wbnn na sefio0 adj MN "A