The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-02-27
WASHINCT


q i
BY the other side be correct then General Thomas being
before your Honor and they having applied for a conin-
nance ul tomorrow, your Honor must make some dis
position OF the prisoner In the meantime When that is
done can present my petition to the Criminal Court
II your Honor discharges him the case is al an end,
and you must either discharge commit.
The Chief Justce-With my knowledge OF General
Thomas character and especially after the syowa OF
coonse that they have full confidence In him, should
not hold him for q moment.
Mr., Merrlck-rhen he is discharged,
TIE Chief Justice-Yes sir he is discharged under
the lntlmations here far personal appearance
IL concerned The may be continued aud II MT
Thomas Is arrested IL viii be hereafter shall not hold
him to personal Imprisonment when my own confidence
In his character coroboates what is said by the
cuiion, and especially when they do not desire It.
Mr.. Cox-lt only remains for US to move that he DO
discharged.
Mr. Carpenter-He ia discharged
The Chief Justice-Very we'll Mr.. Cox I will hear
you on the motion that he DO finally discharged
Mr.. Rddle-I understood your Honor TO have con-
tnued the case.
The Chief Justce-No; have no, finally acted upon
that motion vet. ] am ready 20 bear anything thar
counsel may have TO say on the motion to discharge I'M
defendant
Mr., Merrick-we have inside the motion. We hav
nothing further TO say.
Mr. Carpenter-lf the court will pardon a single e.
Restion this motion take that the arrest OF de-
PENDANT charged with the commission OF 9 crnf is
merely means Of enabling the Judge or court else
his its jurisdiction in tho investigation as =, the
charges made rae defendant II the prose lton
satisfied from the Character OF the defendant u at he
will depart, other words away, which obody
would expect or suspect in General Thomas. IL would
be useless, and indeed, oppressive exer else of
venien TO General Thomas TO give ball and If u court
satisfied that !. was unnecessary and the rosecu
sng counsel equally well satisfied. and erefore,
did not ask IT, repeat ,htt it seems 70 me that would
be mere matter OF oppression for the udgt, IN the
exercise Of his discretion TO compel him to give bal
or 10 60 to jail This it seems TO mo, has nothing
10 do with the right OF the judge to pro-
coed with tie matter which is before him.
The Investigation into the foundation Of this
plant into the truth Of the charges made the
facts matters OF law. Whether they constitute
still remains ari that Jurisdiction would be
cised However If at any subsequent tins IL became
necessary IN the progress OF the hearing that the de-
could msde but FOR the present tho order Of the
JUDGE il SEEMS 10 me, should be that he be
CURED to Give any further security 1t is not ask ed
and from he character Of the party your Honor saws
necessary THen TO require IL would be unjust IL
legal sense, certainly, because your Honor canno. be
10 this alternative either to dismiss which
should te investigated commit what Is palpably
injustice in the Irrestgaton
Mr. Aerrck-l desire 20 make single suggestion to
your b0nor.
Tho Chief Jrs'ics-It is unnecessary, Mr. Aurrics for
] have concluded TO grant your motion 'that the
accused DO discharged fer these reasuns:-st is
confessed here by this prosecution land 1t Is ruth
which, under tie circumstances Of this Gil
well advised Of that General Thomas does seek to
evacc the process OF the law in eny regard that he s
here and vii oe here ready 10 answer 10 its demand
when called upon This believe. 1t is the
Wednesday preceding the Monday when thu Grand Jury
tais district only orr days bofore the ri-
bunal chaTrod with the presenm ent OF all such
offences, vii be 10 session 10 hear this and al other
uncer circumstances ike these what is my
duty as - examining magistrate 7 is It TO hold
this from Gay to day for examination until the
Grand Jury sits is 10 dismiss and 1T IL abide
the nary process Of Justice II aprears ID mo that
my duty 10 let case that course. There
circumstances that be developed IN IL as il ap-
pears TO me- that can settle anything oefor this mere
inquiry ribrncl and cannot disguise from myself
the fact that the subject that underes the controversy
here IS passing the ordeal CT the highest ud al tribunal
OF The country and that In contrast with It's gravity
there, preliminary examination here wbish
inmate with mo session OF the Grand Jury would take
the char1'ter of triarg and do not propose
Instrumental IN institctng any such proceeding Under
the aycwals made befors to-day think my duty as
magistrate Is properly discharged in ismssing the
upon The motion OF the counsel for he defendant
and shall do General Thomas, you can 90 hence
as General Thomas left the room with his
counsel several hundred persons IL The rreet welcomed
him with ohserL he accompanied his counsel the
office Of hr Joseph IL Bradley, which IS in the imme
dia.e vicinity or the Court House.
earn that uessrs. xarrick x CO. obtained subpoena
on Mr. Stanton TO bring with him has commission, which
subprna was paced IN the hands Of Marshal Gooding
issaec -
" TIE sFrRTsr oourT o. rHr DrsTR'iT Or corg,ssA
Ting ParsIsEsr or rur UNITED srTrs TO EDWIN NJ.
You are hereby Commanded TO appear in this
Witness io ~ and bring With you your COM
,. il. cIisrrER. CHEZ justice of said Court
Marshal Gooding arrived a, ths War Department
about half tee clock sent in his card 10 Secretary
Stanton ana Immediately ADMITTED. Mr. stanton
then invi,ed Marshal Goodng into his private eace,
where the arshal handed him the copy Of the
writ which Mr. stanton read erd replied ne would
be al conr: be fore ten O'Clock The Marshal then with
drew and rned The Court returned the
writ 10 The cut with tho following endorsement
Cry H.L, WASHINGTON. D. O.. Feb. ri 1868.
,err ns % sr ne 70 hand = so A. NJ ard vas
person BY re a'sio.& 4. y o. to-day.
" ned States Marshal, Bi-tIic, OF Columbia
Effect Of the Decision % the Court.
The eheo. OF The decision OF Jucge Cartier no.
generally ldeisiooc the the time Of
dering. Most people wont avayr,iih the irnpressor
that tho Adjourned until O'Clock 70
morning, ara hat tae ory change tho release o
tho frOra nm ne
would respond The egGl effect. however, 4
difYeren JUDI Cartier, by bis acton has absolutel.
discharged ths socaed interim Secretary and put
and TO the finally General Tb1m is therefore
In precisely the position be before bis Rfre :;
and another warrant must Re issued proceedings in
STUFFED before the Grand jury before ne be Trough
mp IN couri again.
Crificisnis on tbe Cosdnct Of the Judges.
The conduct OF some Of Tie Judges Of the Dislric
Court has elci:1d rather unavorabe criticism IN tn,
first place. &c known that beth Carser and Fisher hal
been frequently consultation with Nj. Stanton the
Wa Once slnoe he of General Thomas and this
has made people sly Iha they guilty "
due. beneath tha dsgri.7 % unbiased magistrates
Some people SssiGre that the Jucal pair 10 Dir.
Star on 10; t. ADVISE but be posted 10 his views
and chat they weTV, fac; thoroughly saturated with
Stans,nism. rnan IN cour Judge Carter refused 4
permit General Thomas 70 saske prisosor Of himself
nlihoCya ~ the Dfl stage VI the proceedings ne nf0
fessed 70 regard the Adlutan. General al
tncnder az such deep guilt 70 require
il 70 furnish eve Thousand dollars security l.
,cnc-aole General any guilty now, people ask
... ne las, Saturday Again Judge Cartier Ger
/. bel avse very un.iudsehke Today during thu
n proosedrgs. in the opinion Of some people acting
.ie like advocate than magistrate. lie bctray %
marked Al lxsty not ~ allow tAe Of Mr.. Stanton
20 safer by the gal salegy Of Opposirg council
actually disc harssd tho prisoner rather than gran,
writ which ould have facilitated early set,le me nj
the dlf,culsv. The manUuvrcs iaade 10 the cour
day are exsi ,ined IN TIE following way
The object OF Gsnera Thomas 10 desiring q
IKE q prssa or o. hirzsef 10 enable hrs
counsel 20 cue out OF babeN corpus B7
thh means an argament On the csnst!iutonaty
" The Tenure OF ofnce acl would have been
nssmed, tns on adverse decision could have
con srgsaiCd 10 the sitting In bSnco, and the