Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-06-29
Daily gutel1igeutRt
Monday Morning, June 90, 1868.

NS SSOhf'-On SATURDAY
morning Judge Jackson granted a new
trial in the case of Geo. Gamble, convicted
of robbing the mail, upon the ground,
chiefly, of newly discovered evidence.
The Court also rendered quite a lengthy
decision upon the demurrer to the indict-
ment against Thomas Hornbrook, Survey.
or of Customs, for alleged abuses of the
permit system. Briefly, the decision of
the Court is that the permit system, as ex.
srcised here, is not warranted by law, and
ifit were SO warranted, the law would he
unconstitutional. The law requires that
before any goods, WIRES or merchandise
shall be seized the President shall issue bis
proclamation declaring the section to
which they are going to be under insurrec-
tiOnary control. Itappears that Mr.. Horn
brook has seized goods going to Cameron,
and in one instance permit was charged
for goods shipped to Bellair. The sound
discretion required by law has not been ex-
.ercised in these instances. These places
are not under the control Of the insurgents.
and have not been 80 declared. Mr.. Horn
brook showed that he has acted, in all that
he has done, under instructions by the
Secretary ofthe Treasury, and is therefore
not to blame, but the Secretary of the
Treasury has exceeded his authority. The
Court therefore overruled the demurrer
The Court remarked thatin this decision
it was sustained by late decision ofJudge
fancy, one Of the ablest legal minds in the
country.
No further proceedings were had in the
case on Saturday. twill, doubtless come
uPfor trial at some future time.
The AG6eas corpus case of George W.
Thompson was then considered. Governor
Peirpoint, one of the parties to whom the
writ was directed, being absent at the time
the writ was issued, the writ had expired.
A. B. Caldwell, ESQ.,, Attorney General,
who appeared in the case, was requested
to inform Gov. Peirpoiut, who had now re-
turned, that although the writ had ex.
pired, he would yet be permitted to an.
swer. Mr.. Caldwell returned into Court
saying that Gov. Peirpoint had made an
swer tina: no writ had been served upon
him; that it was matter for the Court and
the petitioner to say whether he should be
brought into Court.
The Court remarked that it had postponed
this case from day to day, awaiting the ar.
rival of the Governor, and now, that he
had arrived, the Court was compelled to
say that he had not treated the Court With
the courtesy which the Court had right
to expect.
Mr.. Caldwell then submitted motion
to have the proceedings dismissed, and OBJ. |
jected to the Jurisdiction of the court; be-
cause the arrest and detention of Geo. W.
Thompson is not under and by collar of the
authority of the United States but under
and by the authority of the State of
Virginia.
Lieut.. Col. Joseph Darr, jr., was called
and stated that he had arr ested Thompson
uuder the orders OF Gov. Pierpont and by
authority of an act of assembly authOriz.
ing the Governor to apprehend suspicious
persons.
N. Richardson, Esqr., who appeared for
Judge Thompson, submitted certain papers
at this juncture, showing that upon the
first arrest of Judge TIL 3mpson he was ex-
changed for Union man named Mahan
and Was set at liberty by the War Depart
ment
Col. Darr stated that upon the return of
Thompson, after his exchange, he refused
to give and information as to the terms of
his release. Col. Darr also said that he
had insisted, after the exchange of Thomp-
son, upon having him sent South.
Mr.. Richardson-Does the Government
of the United States consult you as to
what persons shall be sent South?
Col. Darr-No sir, and have often regret.
ted that it did not.
Col. DArr stated that he been shown a
list of prisoners sent to Judge jackson by
the War Department to be disposed of by
the Court. Judge Thompsou's name did
not appear on the list. The witness arrest.
ed Thompson because he thought him
disloyal man, and traitor to the Govern
ment. He knew of no reasonable act that
he had committed.
&r Caldwell said he had been requested
by Gov. Pierpeut to submit an answer to
the writ which had just been drawn by the
Governor.
Mr.. Richardson objected. He said he
had looked over the paper, and he did not
think it comported with the dignity of the
Court to admit any such document to re.
cord.
The Court, after examining the paper,
handed it back to Mr.. Caldwell, and asked
him if he considered it respectable dOcu-
ment, aud if he was responsible for it.
Mr.. Oaldwellsaid hesupposed the Gov