Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-09-12

Decision on Hnbens Corpun-Eh0 Ao-
cused Held Over In Six Thousand Dol
lars Bail.
Judge Levitt gave his final decision in the
case Of Thomas B. Lincoln, yesterday, and
held the prisoner over in the sum of Sc, 600
for his appearance at the next term Of the
United States Circuit Court on a charge Of
treason. The opinion of the Court which
pointed, and all the parties appeared per-
fectly satisfied with il, except perhaps, the
prisoner himself.
The Judge prefaeed his remarks by saying
that the evidence was neither long nor
complicated, and therefore he had deemed it
unnecessary TO give written opinion, or to
discuss the various points involved at any
considerable length.
The case had been brought up on hdbeds
corpus the defendant having been in charge
of the United States Marshal since the 18th
Of August last That officer, in responding
to the writ Of the Court, had made return,
setting forth the facts in the case, from which |
it appears that the prisoner was committed |
on the 22d Of August on a mittimus, issued by
a Commissioner of the Court, and the au-
thority was set out in full. The return was
entirely regular, and exculpated the Marshal,
and, as no exception could be taken on the
ground Of technicality, the defendant must
| rely upon the merits of his case for release,
| if one were procured.
| The warrant for the arrest set forth two
| specific charges-that the accused had con-
| veycd improper intelligence to the public
enemies and that he had furnished them
with supplies either of which was un-
| doubtedly crime under the law. But in
proceeding, great caution was necessary.
Treason was the highest crime known to our
laws, and its punishment is the seyerest in
our code-death-and, therefore, the evil
dence which would warrant a conviction
must be 30 clear that no reasonable doubt
can be entertained of the guilt of the pris-
oner. But in an examining Court, no such
proof is necessary; it being only required
that strong presumption should be estab
lished. The reason Of this is clesr, and it can
work no injustice to the accused, as nothing
which transpires in an eXaming court can be
used against a prisoner on trial before tra-
verse jury but everything must be repro
duced from the original sources.
The counsel for the defendant had made
motion on an unconditional discharge which
was resisted by the District Attorney; and
there were three courses, either of which the
Court might in its discretion, pursue; lst,
Internationally discharge the prisoner: I'd,
admit him to bail in such sum as the circum-
stances might Justify; 3d. recommit him to
Jail. In trial for treason, bail is not al
lowed as matter of course, but the Court
may exercise its discretion in the matter
this discretion, however, was confined to
some Court, and could not be exercised by
aOommlsSlOnet, Inat OHcer Delng compelled
either to commit or discharge.
The Court would not attempt to decide
whether the testimony presented was really
sufficient to finally convict, as that issue was
not now made; and when made, the subject
must rest with the jury. The only question
as this now stands is, "Was there sufficient
J testimony to warrant strong presumption
of guilt?"
/ The first part of the evidence established
the fact that the accused was a citizen of
Texas, a State now in open rebellion against
the authority of the Government, and PLAN
r ming its overthrow. This, although not posi-
! tive proof that the prisoner was disloyal,
7 went far to establish presumption to that
3 effect, and might be given in evidence TO a
| jury, along with other circumstances, which
5 must be taken in the same connection.
The second point made out by the Govern
ment was that the prisoner had been asso
r ciating with men openly in rebellion against
the constituted authorities of the nation, and
4 it was an old maxim, and true one, that a
man is generally known by the character OF
f his companions.
8 Papers and documents were found upon
g his person which abundantly proved his con-
g nection with traitors. There was letter oi
s introduction to the self-styled President Of
+ the so called Southern Confederacy, writer
y BY Jesse D. Bright, Of Indiana, in which Mr.
d Davis was called "His Excellency, Presiden
G of the Confederate States of America
With reference to the position of Mr.. Bright
o it was not proper for the Court to say any
o thing more than was necessarily connected
: with the case before it, but that which re-
IS lated TO the present accusation, could be dis
d cussed. 1t was a matter of public notoriety
that Mr.. Bright was openly in sympathy with
the Secessionists the terms of the letter
!. showed clearly that he recognized the exist.
!, ence of the Southern Confederacy.
The accused had likewise pass from L.
Il P. Walker dated at Richmond, the heart OF
q rebellion, permitting him to go to Nashville
"a one Of its outposts, on condition he would
Il not communicate anything he might know
n relative to the action of the Confederates.
# There were other papers which established
if the fact that he had been engaged in a spec
: ulation in sending articles contraband o
! war to the South and whether they were
intended for public or private use, was no
T.. at present material. He had likewise pre-
r pared to contract for large quantity of mil
- itary goods which were unquestionably de
- :. signed for the Southern Confederacy, to b.
employed in equipping an army, with Whicl
to make war upon the Government.
i These facts show clearly, not only that h
III sympathzed with the rebels, but that
II, designed to assist them with material aiC
" and there can be little doubt, but, had be nC
ce been arrested, he would have furnishe
hs them, ere this, with large quantity OF SUI
le plies.
st These facts taken into consideration, til
IS, Court could not discharge the prisoner, nc
n did it regard the evidence so positively cleE
r. that he should be Internationally committe
ht but he would be admitted to bail in the sui
X, of sc, 600 for his appearance for trial.
ar The prisoner has, we believe, given the r.
quired security.