The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-08-11
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Mr. Ganahl asked the Court IT, In case the prosecuting
couIse distinctly decned to call any witnesses tbey
would insist On proceeding With the case 10 spite Of Major
Jus,ice Russell replied that the Cur, desired to do its
duty Col Bouni had made serious charge agsiost tae
prisoner and the Court wished 70 carry out tbs ends Of
justice.
Mr. Ganah-Msjor Bacon wishes to withdraw this pro
Justice Russell-Then be had no business 70 com
IT, daughter aud applause
CanAhi-Co Bount docs not desire to 60 the stand
and testify and ask your Honor distinctly you wish TO
compel him TO do 90 against bis wish Col did not ask
the court commit the prisoner for trial under the laws
or Georgia, but simply TO detaiu him until vequston
from the Governor Of Alabama could be had There no
felony charged having been nmitted In this Safe
put the AFFIDAVIT only declares The, Ss X has has
required by the Governor Of tnas State Nov Col de-
sres 70 Withdraw thai affidavit and proceed no further
but your Honors wish to detan dc 4 whether Col 3.
wishes II or not What right have to detain the pr
soner when the prosecutor Does not desire ir were
Of felony committed Georgia you could proceed,
whether tho prosecutor desired 1t or not such s NOT
me case where the crime against the laws OF auoher
Justice Russell delivered an opinion Here was Col.
BIS affidavit charging the prisoner with felony He might
or might not be guilty. but he must be examined eccord
the laws OF Alabama9 II So thu court must duty.
he red thai charge OF felony only be ma@e open
court Sy ,ae prosecutor IN presence Of deten ian.
be heid-otherwse he would be discharged.
Ganah-Is that the opinion Of ali the Cour9
Justice Connell-We are unanimous on that point
Major Bacon-Co B made that Affidavit the testi.
mony Of others We have not the here to
stsptisse il. Col. here You can swear him, though
most soemnly protest against IT, when we took this in
hand, we thought We could subsan.A.s the charge We
new fnd that we cannot no IT. have the right TO with
draw the chargeto mako settcm let the pris
oner 80 10 Alabama in any manner 1T. Col Rouut
e here You have the power by brute force to place
Justice RuseellYou must not use such language before
this Court We do not use brute force, only law
Major b. beg pardon OF the Court moan. physical
force and ntenoed dsrespect the Court We do
want to make q farce or this trial
Justices Russell and Connell-You have done that
already
Justice Conne-A farce hes been OF this affair
We know wha, has been done. We intend 10 put Colonel
Blount On the stand or send him toja,l
Msjor Bacon-We pow ask that the case be dismissed
Justice RussAll-If Colonel B. canbot prove e
stated in the affidavit will discharge the prisoner The
counsel knows ihst We dare not compound a felony.
Major Bacon asked leave to amend the AFFIDAVIT
Justice Staey suggf sted that Colonel sworn and
testify that DC did not make the affidavit mis- wn know
Mr. Gsrahl-Las, mig Insisted on tho immediate exa
minadon OF this case. We feared important witnesses
would not be present toosy Such Ia the Your
hopors then said that unless the adies court you
would cischarge the prisoner
Justices Council Russell denied that they ad ado
any such sgreemeai. Justice stssy admitted be
said he would go for dscnsreng hi0 the ladies'
not present
Gsnah to Justice Ruasen-Did you no; bow your head
TO tlstf
Justice RUSSELL 60 most positively deny anything o,
Justice Courell-sy understanding was that the 0i.
woulo b. DISCHARGED If tbs evidence nsuciep.
Justce RustellWe oot ere 20 be rned
+ 5 Blount, svoGn-Was not at hone in MOBILE the
1Ctn Of June, 1865 bat on Suore one
Codrt OF Alaesria At Montgomery OF my knowledge
know nothing u tho sbouc.ion OF daughter from ner
home in Mobile Day the facts 10 .as ssav, az
sworn 70 by fur nished by Others on whor,
fuily relied; do not kuo~ teen OF nay own knowledge
cut boieTe nfnly they were as stated, they
ceptbls o. proof ny pGes in Alabama this prosecd
WAS ctmnercei under the rpressca ,hs certap state
been made
There being no other evidence tveu,y Ave minutes
past tao an order for discharge issued
The prisoner vas also discharged a peace warrant
ssueo sgeinsf him, no prosecutor appearing.
From the Savannah Republican, August G.
The snprGnceuens IN yesterdays Republican o! tue
her home 10 Meoe, caured material GDatemeut o. ihs
pubic interest In The Romantic affair priog
IN our uiots she ~s ibe centre OF abrasion to the
whole Affair." sn1 cNns qrebty ner absepce reduced the
femaindsr o the prcceeciDes comedy ~ which
bowsver, see numbers continued TO no tue Interested
wsesses for aInLsenens Than M thing else They
were well pad tor their paus.
At ten ocsocs the Magistrates Court consisting o. jas
tees Siai,y, Conren fsel spd Hart asceaded The
bsrch AID announced themselves ready. Tho court
rooo, VAS oenely crowded ard large remained
ouaiOe awai,ns the arrival Of tie prsonsr TSo hours
sci ba1 aofesred. The Court then despa,ched the
Ioulty sheriff W ,he jail to Ascertain the cause
OF oelay, hut no prisoner TO be found.
Cpon further rqury II ~ss ascsrSned that Cxpt RI
were sd been tuned Deer ~ CITY Soer Pfendergsst
co"shos "Howsy sn1 mat Tue whole party ioclud.og
Prosecutor and TIE counsel both sioes,
aski House, ia conference upon Anicabe
lusoeut az IRE krctiy affair At tots their becs
vastly inoignsui AID consderng their oigoty
s'rtd crc c- the OF sher Prem o,gast consa
his Galloway, Colonel Bout and Csrsin Kiv.efs, i've
souSer tnty uiG net iucuce tbe which
cordpay cs'red cut 10 the letter parties conduct
60 - the art HOuss 10 srswer TER couicn,u,
Colonel Boot berg ncpruraoi TO sus avn ais segs-
nous az tti fcrih IN The liomAtoa moved loruuh ns
ccubs, HAT toe whole proceedings DO suissed Toe
Court tsssd upon we Coionsl'E sres-lg the state
n.eIt, which he old anu the matter was Accordingly
str'csf y fiOrn tis drcEet
Sbefin lrsncrrf.st diei sflsa-t stating that tho
pJisOotr had been turned cDnssDie say and
bs' be hso no tut her OF nm vnereupon the
was riscLaTge1
Coastal Galloway not q, fortunate Although he
alleged Ia, The Iartes vero consultation for settle
meas VI we case a. hrs reason for no; bragng u the
to appeasc the OF, niea dgnny OF The Court; he was
co,ofgV nu.d ~ sentenced pay costa, aod onmnted
10 jail Tor he rpace OF PIX hJurp,
ts reminds us forciby " the story OF tho Datc ma
gi-fhrt Oi hew Amsterc 40 vel told by Washington
rvngB,yisg assembled Ard finding W their extreme
nCriinfainD 90 cfiuna case the docket, they
sotfeo oeneab ther 0igHy 10 adJufn without doing
some ta act, snd they accordingly rent the constable
&C is
ipe whole affair a, the Coar, House was rich beyond
PARALLEL ala 90 regret &C have no, time give
u 10 tcixr.
We are authorized By the counsel Of Col Bouu, and
Cspt kyefe that their dinisLly has been honora
bly, sna ss'sfasorly 40 us,ed.
In our o?in1r the Iqusve ,apiain sithstaning the
uhavcrahe asfe q ahtifs In the begrrng, nas come
GU, Of dhcul,y by 20 means 'tecond beet" He will
return "a New York by the next steamer, ard Col.
Mrs Biouni will leave for Mobile, the latter
shall have recovered from slight indsposton.
Court OF CI-,ms-fmportant Circular frorn
the Solicitor.
SoricIroR's Orr1cz, July S. 1855
Sn--i desire - call your attention 10 the rules aud