Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1861-09-16

COME ONE, COME ALL!
Neither lag,ards nor towards wanted.
JOSEPH TIIOBURN.
Ey order Of Cen Ii. +. KELLY.
wheeling Sept. Ii, 1851
rSEFgprnAL CorRT.-J. T. Wheeler, of
Petersburg, arrested for treason, WAS
brought into Court, and admitted to bail
in the sum OF one thousand dollars for his
appearance.
ThOs. Hughes was brought into Court in
custody OF the Marshall, the Grand Jury
having found an indictment against him
for treason.
The writ of haJeaS corpus, in the case of
the soldier Chase, to which we have before
alluded, was then considered. The Court
had consented to the issuing of the writ
by agreement of counsel The District
Attorney, for reasons advanced, moved to
have The order set aside. Mr.. Richardson,
counsel for Chase, opposed this motion,
when quite lengthy argument ensued.
The Court decided to set aside the order.
A. b. Caldwell, Esq, COUNSEL for ThOs.
Hughes, moved that he be admitted TO
bail for his appearance.
The District Attorney was of the opiH-
ion that, as in the case oil Aaron Burr, the
prisoner could not be admitted to bail.
After some discussion, the Judge an-I
uouueed that he would hear the argument
in the case in the afternoon. In the mean
time, he would not require the Marshall to
commit the prisoner to Jail, but would
hold that officer responsible for his safety.
AFTERNOON SESSION.
Wm. H. Irwin was sworn in asa Deputy
US. Marshal.
o. W. LaRgftt, Esq, said that as he
had client (Sanders) who is likely to DE
interested in the decision of the Cour. upon
the question to admit to bail the prisoner
a. the bar, (Thos. Hughes,) he i"d some
thing to say upon the matter. Mr. Langht
dwelt particularly upon remark OF the
Judge that his decision in the case of
Hughes, would as general rule stand in
the other cases. He proceeded to argue
that it was the duty of the Court to con-
slider the nature of the offence and tue cir
cnmstances attending 1t, aud to hear"ll the
evidence which may be brought TO the
support of such motion.
Mr. Caldwell was clearly Of the opinion
thai the prisoner ought to be admitted to
bail, and he read from the statute show
ing that the Court had clearly the discre-
tionary right to admit to bail in cases
similar to the one under consideration.
Here an interruption took place, about
one third of the Grand Jury having sece-
ded from the main body and come into
Court, because, like Jerry blossom, they
"wanted to 90 home" They were excused
by the Court
In reference to "the usages of the courts"
by which SIR Caldwell expected the Court
to be governed, lie said, such usages Of
law were not principles of law. He argued
that it would be unfair to allow the statutes
of the different States to govern decision
in such case us this. The Court must
look into all the circumstances of the case
in order to enable it to exercise sound
and just discretion.
The CourH-Do you mean that an
to examine the evidence in the case.
Mr.. Caidwell-According to the statute
the question of bail must be decided b!
the character of the offence and the cir
cumstances attending its commission
How can you do this before you hav
heard the evidence. You cannot exercis
just discretion before you acquaint your
self with the facts in the case. The OBJ
iect of holding the person of an accuse
party, is not to punish him. 1t is onl
that the person shall be present for tria
Before conviction he is innocent. Tn
Court cannot decide upon this question
bail otherwise than arbitrarily and despot
tcaIly, without examining the facts in tn
case.
The District Attorney (Mr. Harrison
said this Court has no Jurisdiction excel
that derived from Congress. 1t has I
common law jurisdiction. He read fro
an act of Congress ed of March, 'ss) uPo
the subject Of bail. The act gives til
Court power to take bail in criminal case
in which bail is allowable, 'prOyided thu