Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1868-02-26

prosecution.
Mr.. Riddle moved that Mr. Carpenter be
admitted to the bar.
Mr. Carpenter then arose and said that as
this was matter Of great Importance to the
public and the parties themselves, and as he
had been unable to examine the matter fully,
and as he was in i'll health, he would ask
postponement of the examination until to NOR
row, at 10 o clock.
The Court asked if there was auy objection.
Mr.. Merrick said that while he was disposed
to indulge the gentleman, ne wished the mat
ter to 60 on to- day, as it was important that
there should be an early settlement OF the case
on account of the great public concern in the
matter.
Mr. Carpenter said that if the case was post
poned until tomorrow the prosecution would
get though the case in two hours.
Chief Justice Cartier Let the case be con-
tinued.
Mr.. Merriek said that before the case was
continued, he would ask that the case be adj
journed into the Criminal Court.
Mr.Riddle said that this was an anticipation
of the order that would probably be passed,
that the defendant appear at the ensuing term
of the court.
Chief Justice Cartier said he was ready to
decide that point now The court was sitting
now as a Ministerial court, preliminary to the
inquiry into the matter by the Criminal Court.
| The transfer might operate for the convenience
| of the record, but it would not change the
| character of the investigation or the relation
of the parties. In either case the court must
| act in magisteriaI capacity It was not good
practice for judge in chambers to transfer
his work to the court
Mr.. Cox begged leave to interrupt, and SAID
that he doubted tbs Jurisdiction OF judge IN
chambers while the Criminal Court was In ses-
sion.
After short consultation on this point
Chief Justice Cartier said The inquiry OF
counsel seem to presuppose that 1t is the duty
of the Judge holding the court to inquire into
crimes committed, the grand jury sitting apart
| from that court The examination of judge
| in char bers is as to whether crime has been
| properly committed, and it is properly his prov
ince, and not of a judge upon the bench. The
| idea, in my mind, is that the transfer may be
made, not that it should be done. 1t is, there
| fore. merely matter Of practice, aud: while he
would do anything for the convenience OF the
record, he did not see that anything could be
gained By the transfer.
Mr.. Merrick said that as Gen. Thomas was
now in the custody Of the u. S. Marshal tor
the District Of Columbia, he would present o
petition ter a writ of habcas corpus to the
Judge holding the Criminal Court for the
District of Columbia.
The application is as follows:
| To the Hon. D. K. CARTIER Chief Justice Of
the Supreme Court of ,he District Of Coluna-
bia, holding the Criminal Court for the said
District. The petition of Lorenzo Thomas
shows that he is now held in custody by the
Marshal of said District under and by virtue OF
warrant made out and given to said officer
by your Honor, sitting in Chambers. lie
AYERS and will show that said Imprisonment Is
wholly unlawful and without color of authority
| under the constitution and laws OF the United
States upon the facts stated in the cause OF his
said arrest, and he prays your EOnor tor the
writ Of ldbeos corpus, directing the said Mar
shall to bring he body OF your petitioner be-
| fore your honor ia open court, that the cause
Of his caption and detention as aforesaid may
be incurred into and be dealt with according TO
law.
Mr. Carpenter said that this action was un-
necessary, that this suit was prosecuted by the
Secretary of War, who b ad taken this course
TO bring the matter to decision, but there
was no il-tecling between him an! General
Thomas. They did not ask that Gen. Thomas
should give bail, or that he should even be
placed under his own rccogaizance.
Mr.. Cox said that Gen 7. had been su:ren'
dered by his bail.
Mr., Carpenter said it was clear to his msnd
that the prisoner could not come here aud ask
himself to be imprisoned.
The Chief Justice said that the question be-
| fore him was what disposition should be mace
of the case.
Mr.. Merlick remarked that the question first
TO be decided was the motion for continuance,
and then the petition Tor habeas corpus can be
made
The Chief Justice remarked that he had
great confidence in General Thomas, and the
prosecution having announced that they would
not ask bail of him, be would not hold MN
personally to appear, believing that there WouIc
be no necessity so to do.