The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1868-02-27
KEoKUK. IOWA. THURSDAY, FEBRUARY ~ 1855.

all their might and strength to the rescue of
! the country, and save it from the destruction
which now seems to threaten its ruin. Ny
! faith in the American people, is strong and
abiding. have never betrayed them, nor do
believe now, when the waves Of passion
threaten TO engulf the land, they will desert
or abandon one who in their cause is en-
gsged in the earnest struggle for the preser-
vation Of constitutional liberty aud the su-
premacy Of civil authority.
The following is the petition to the Hon.
d. X. Carter, Chief Justice Of the Supreme
Court, holding Criminal Court in said
District; The petition of Lorenzo Thomas
| shows that he is now held n custody by the
Marshal Of this District, under and by virtue
| Of warrant laid out and delivered to said
Marshal by your Honor, setting in the Cham
| ber. He avers and will show that said i'm
T Iprisonment is wholly unlawful and without o
color of authority under the Constitution and
laws of the q. s., upon hefacts stated as the
cause of his said arrest, and he prays your
! Honor for "a writ OF habe0s corpus, ordering
said Marshal to bring the body of your pe,i-
| toner before yonr Honor, in open Court,
that the cause of his capture and detention
may be inquired into and be be deal. with
according TO law.
Mr.. Carpenter said be regarded the last ac-
tion as an entirely unnecessary episode. This
| action has been presented by the Secretary of
War for the purpose of bringing this matter
to settlement in the Courts. There is no
| feeling between him and General Thomas
Considerations alone Of public nature have
| caused this prosecution. General Thomas 10
! a gentleman who will not depart, and we do
not wish that he shall eyen be required TO
, enter any other than his own recognizance
orzI 49, net a
make himself prisoner unless the court q.
least accepts that fac, or somebody asks him
| to be imprisoned with the full latitude which
consent be shall have.
The counsel for the defense again urged the
application, but the Chief Justice declared
that the question TO grant writ Of habeas
corpus, was not the one to be decided by him.
the question for him to determine as the ex-
nmiuing magistrate, was what disposition
should be made Of the case.
Mr.. Merrck urged that as General Thomas
was IN court and application had been N ade for
continuance of the case until Tomorrow,
some disposition must be made Of the Trison-
er. In The meantime if disehargd, tie case
vas at an end, and be must either be discLarg-
ed or committed,
Chief Jns,iee said. viii my knowledge Of
General Thomas character, and especially
after the 4yowai OF his COUNSEL that they had
fail eonhdtn in him, | shonld not hold htm
f,r moment.
sir. Mefrick-Then he is discharged.
Yes, sir, he 10 discharged.
Justice Carter then proceeded to give hrs
reasons for bis decision, closing as follows
To-day | think mr. duty as magistrate is
properly discharged in dismissing the case
upon the motion of the counsel for the de
fendant, aid shall do 40. General ] Ihotnos,
you can cd hence.
AS General Thomas ieft the court room
with his counsel, several hundred persons
in the street welcomed him with cheers.