The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-02-27
The Latest News.
By ELEG GRAPH.
BY the Union Line:
Once, corner Of Main and Monroe streets.
General Thomas in Court.
Hs Tries to be Taken Prisoner but
Fails.
His Counsel Asks for a Writ of
Habeas Corpus.
The Writ Refused and Thomas Dis
charged.

seven in framing thearticles Of inn
parchment against President johnson
is said to be owing to the fact that an
Impression exists that he cannot be
convicted by the Senate on the promi-
nent charge of violating the tenure of
Office act, hence the committee to-day
are engaged in framing articles with q
view to secure the united party vote
and II possible to avoid all doubts.
It was agreed to-day by majority of
the Committee on Ways and Means to
report bill retaining whisky tax Of
two dollars.
General Thomas did not visit the
War Office to day, but after his dis
charge from custody he went to the ex-
executive mansion, and after short In
teEview with Johnson, retired home.
The President today nominated to
the Senate John w. Caldwell, of Ohio,
minister to Bolivia.
The statement is unfounded that the
recent regulations relative TO issuing
passports have been promulgated,
Reports have been in circulation this
morning that the Secretary of the
treasury has given orders that reoui-
slttOns from the War Department
signed by Secretary Stanton should not
De honored at the Treasury. All such
reports are without foundation, Reoui.
sitions from Secretary Stanton for vari-
Gus amounts on account of the War
department passed through the proper
bureaus Of the Treasury Department
this morning.
The room of the District Court. of
the District OF Columbia was crowded
this morning with both white and
black spectators, to witness the pro-
ceedtngs in the case of Adjutant Gen.
eral Thomas, who on Saturday gave
pail Tor his appearance b,1E9re Chief
Justice Cartier. The members of the
Bar were also largely represented.
Ad1utant General Thomas came into
the room, accompanied by his counsel.
Richard 7. Merrlck and Walter S. Cox,
with Josegh II. Bradley, ST., as adyi.
sorry counsel.
BY order OF Juge Cartier, at 20 minutes
past 10 O'Clock the Criminal Court was
opened.
Asubppna was issued this morning
for Mr.. Stanton to appear in Court, and
bring with him his commission as Sec
rotary of War, and also certain official
papers. Alter transRCting some other
business, Judge Odin came into Court
and took his seat at the right of Chic
his left.
Judge Cartier at 20 minutes past IL
asked whether the counsel were ready
to proceed with the case of the United
States against Adj't Genl Thomas.
Mr.. Riddle, introduced, said that be-
| an Ill lO-Nhy anu Tue SUBJECT being
of high importance he desired the case
to be continued till tomorrow.
Mr.. Merrick objected on the ground
that grea- public interests were involv.
ed. which required an early settlement
Judge Cartier was disposed to grant
a poStponement.
Mr.. Merrick, for General Thomas
asked that Judge Cartier consider Ibis
matterin criminal court and not in
the chambers.
Judge Cartier declined to do this
saying that he merely sat as an examn.
ing magistrate.
Mr.. Merrick said General Thomas
was now here, and his bail has sur.
rendered him to the custody of the
Marshal of the District of Columbia,
be was therefore a prisoner, and his
counsel asked for a writ Of habeas cor,
pus.
Mr.. Carpentert regarded the last az.
ton as an entir ly unnecessary epi
sode. This action has been prosecuted
here by the Secretary of War, for the
purpose of bringing this matter to {
settlement in the courts. There is nj
feeling between him and Gen. Thomas
| Considerations of public nature alone
have actuated this prosecution, Gen
ThomAs is gentleman who will no
depart. We do not ask that he should
even be required to enter into his re
. u4O nuAGkys he come
into Court and make himself prison
er unless the Court at least accepts tina
fact, or somebody asks him to be i'm
prisoned; with the full latitude which
we consent he shall have, and which
have no doubt your honor will yerN
willingly accord to him, this applied
ton for a writ of hRbeas corpus SEEM
to be rather unnecessary.
The counsel for the defense agar
urged their application,
The Chief Justice said
have never heard of a prisoner sur
rendering himself to his sureties or tn,
Marshal-it is always to the Court
Where Is the process of the Marshal by
4 which General Thomas is held? Hi
warrant has been returned, and tn
parties In recognizance has been sub
stituted. Having appeared ACCORDING
to the terms of his recognizance, he j
present in Court TO answer regarding
the ottense charged. 1t appears to me
however, that this is not the question
before me as examining magistrate
but rather a question to be considered
by the judge who shall entertain tn
application for a writ of hGbeGS corpus
The question for me to determine, n
examining magistrate, is what dispo
sition shall ba made of the case.
i Mr.. Cox-CertaiDly.
Mr.. Merrick-I was going to saw ia
your honor, If you allow me a single
moment, that If the view expressed by
the other side be correct, Gen. ThomaI
being before your honor and having
applied for a continuance until to.
morrow, your honor must make some
disposition of the prisoner in thE
meantime. When that is done 1 ca q
present my petition 10 the Criminal
Court. 1fyour honor discharges him
the case is at an end. You must either
discharge or commit.
Chief Justice-With my knowledge
of Gen. Thomas character, and espe.
CiRlly after the avowRI of the counsel
that they had full confidence in him, ]
should not hold him for 4 moment.
Mr.. Merrlck-Then he is discharged.
4 Chief Justice-Yes, sir. He is dis
charged under the intimaLion here. AS
far as any personal appearance is con-
cerned the case may be continued; and
| II Thomas is arrested 1t will be hereaf-
| ter. 1 shall not hold to personal i'm
prisonment when my own confidence
in his character cOrrOborates what is
said by the prosecution, and especially
when they do not desire 1t.
| The counsel for Gen. Thomas then
| asked that he be finally discharged.
Judge Cartier granted the motion,
and Gen. Thomas left the Court room
with his counsel. Several hundred
persons in the street welcomed him
with cheers.
Mexican News.
NEW YORK, Feb. 26.-The Herald's