The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-27
FROM WASHINGTON.
Trial of General Thomus.

WASHINGTON, d. c., February 20
Adiutant General Thomas appeared III
the Supreme Court this morning, ac-
commanded by his counsel. Richard e..
Merrick and Walter 5. Cox, with Jo-
seph III. Bradley, ST., as advisory coun-
sci. Judges DIN and Fisher sat by the
side of Judge Carter.
A subIoen was Issued this morning
to Mr.. Stanton ia appear IN court and
bring with him his commission as Sec
rotary of War, and also certain official
papers.
Judge Cartier asked if the counsel
were ready to proceed with the case of
General Thomas.
Mr.. Riddle introduced Mr.. Carpenter,
of Wisconsin, as associate counsel for
Mr.. Stanten.
Mr.. Carpenter, owing to illness and
the importance of the case, asked a
continuance till tomorrow.
Mr.. Merrick objected on the ground
of public interests.
Judge Cartier was disposed to grant
a continuance.
Mr.. Merrick asked that the case be
considered in the Criminal Court in
stead of in the Chambers.
Judge Cartier declined, as he sat
there only as an examining magistrate.
Mr.. Merrick said General Thomas was
here and his bail surrendered him into
the custody of the marshal of the Dis
trict. He was therefore a prisoner, and
his counsel asked for u writ of habeas
corpus.
Mr.. Carpenter regarded the last ac
ton as an entirely unnecessary episode.
This action has been presented here by
the Secretary of War for the purpose
of bringing this matter TO settlement
in the Courts. There is no ill-teellng
between him and General Thomas.
Considerations alone ef public nature
have actuated this prosecution. Gener-
al Thomas is a gentleman VINO Will not
depart, we do not ask that he should
ever be required to enter into his recOg-
nizance and surety. He cannot come
into Court. and make himself Il prisoner
unless the Court at least accepts that
fact or SOMEBODY asks him to be impris-
oned With the full latitude which we
consent he shall have and which | have
no doubt your honor will very willingly
accord to him this application for writ
OF haheas corpus. 1t seems to me, is
RATHER unnecessary.
The counsel for the defense again
urged that application.
The Chief Justice said-l have never
heard of Il prisoner SurreDderlng HIM
self to his SuTcties OF the Marshal; II Is
ALWAYS TO the Court. Where is the
process of the Marshal 10y which Cen
eral Thomas is held? His warrant has
been returned and the paTty's recogni-
Zance has been substituted, having APP
pearcd according to the terms Of his
recOgnizance. He is ut present in Court
to answer regarding the offence charged.
1t appears to me, however, that this Is
not the question before me rs eXamin-
ing magistrate, hut rather a question
to be considered by the Judge who
shall entertain the application for a
writ of habeas corpus. The question
for me to determine, as examining mag
istrate, is what disposition shall be
made of the case.
Mr.. COX-Certainly
Mr.. Merrick-I was going to say to
YOUR Honor. if you will allow me IA sin
gle moment, that if the view expressed
by tho other side be correct, General
Thomas having been before your Honor
and having applied tor continuance I'M
I'LL IO-nOlION, your IlOuOl IluSO uiAhC
some disposition of the prisoner. In the
meantime, when that Is done, l can
present my petition to the Supreme
Court. If your honor discharges him,
the case is at an end, and you must
either discharge or commit.
Chief Justice-With my knowledge of
General Thomas character, and espe-
cially after the avowal OF the counsel
that they have full confidence in him,
| should not hold him for = moment.
Mr. Merrick-Then he is discharged I
Chief JuStice-YcS sir. lie is dis
charged uudcr the iutimation here as
far as any personal appearance is con-
cerned The case may be continued,
and if Mr.. Thomas is arrested it will he
hereafter. / shall not hold to personal
Imprisonment, when my own confidence
in his character GOTrObOrateS what Is
said by the prosecution. aud especially
when they do not desire it.
The counsel for General Thomas then
asked that he be finally discharged.
Judge Cartier granted the motion,
and General Thomas left the court
room with his counsel. Several hundred
persons in the streets welcomed him
with cheers.