The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1868-02-27

H0AFN& WAA~A A@A &AA GA III GALL SGT
Element.
Judge Carter was disposed to grant
Bfst MstFfoEl fof ~ :, Gen. fSbimb &, asked
that Judge Carter consider this mat
ter in the Criminal Court, aud not In
these chambers.
Judge Carter declined to do this,
saying he merely sat as an examining
magistrate.
Merrick said: General Thomas
is now here, and his bail surrender
ed him to the custody of the Mar
shall of the District of Columbia; he
was therefore a prisoner, and his
counsel asked for a writ Of habeas
corpus
The following is the petition to
Hon d. X. Carter, Chief Justice of
the Supreme Court, holding Criminal
Court in said District:
The petition Of Lorenzo Thomas
shows that be is now held in custody
by the Marshal of this District under
and by virtue of a warrant made out
and delivered to said Marshal by
your Honor, sitting in chamber. He
AYERS, and will show, that said i'm
prisonment is wholly unlawful and
without color of authority, under the
Constitution and laws of the United
States, upon the facts stated, as cause
of his said arrest; and helprays your
honor for a writ of h1bedS corpus, or
dering said Marshal to bring the body
of your petitioner before your Honor
in open Court, that the cause Of his
capture and detention as aforesaid
10 s.,A L., 4
with according to law.
Mr.. Carpenter said he regar4 ed the
last action as an entirely unnecessary
episode This action has been prose-
cuted here by the Secretary Of War
for the purpose of bringing this mat
ter TO a settlement in the courts
There is no feeling between him and
Gen. Thomas. Considerations alone
OF a public nature have actuated this
prosecution. Gen. Thomas is a gen.
tleman who will not depart We do
not ask that he should even be re-
quired to enter into his own recogni-
zance, and surely he cannot come into
court and make himself a prisoner,
unless the court at least accepts that
fact, or somebody asks him to be inn
prisoned. With the full latitude
which. we e0nsent he shall have,
and which | have no doubt your
Honor will very willingly accord to
him, this application for a writ of
hdbeas corpus seems to be rather un-
necessary. The counsel for the de-
Tense. again urged their application.
sA Cshieflf j ustiee--l have never heard
of aprisoner surreudefing himself to
his sureties or the Marshal; it IS al
ways to the court. Where there IS a
process of the Marshal By which Gen.
Thoihas Is held, his varraut has
been returned, and the parties re
cOgnlzapce has. been substituted, hav-
ing appeared according to the terms
Of his recognizanee. He is present in
court to answer In regard to the of
fense 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 the
application for d writ of habeas cor
pms. The question for me TO deter
mine, as examining magistrate, is,
what shall be made of the ease2
Cox-Certainly.
Merrick-I was going to say, yoar
Honor, if you allow me a single mo-
ment, that if the view expressed by
the other side be- correct. General
Thomas being before your Honor,
and the complainant having applied
for a continuance. until tomorrow,
your Honor must make some DISPOSE
ton of the prisoner In the mean
time, when that Is done, can pre-
sent my petition to the Criminal
Court. If yoar Honor discharges
him the case is at an end, and you
must either discharge or commit
Chief Justice--With my knowledge
of General Thomas's character. and
especially after the avowaI Of coun-
sci that they had full confidence in
him, | should not hold, him Tor a mo
ment. 90 p. A-'A'1 + = .A's
Merrick-Then he is discharged?
Judge Carter-Yes, sir; he Is dis
charged under the intimatiou here as
far asany persohal appearance il con
cerued: the case may be continued,
and If Thomas is arrested it will be
hereafter. | shall not hold to per-
sonal imprisonmenG when my own
confidence in his character c0rrobo-
rates what Is said by the prosecution,
and especially when they do not de-
sire 49,. - - 4. II 129k@4
The counsel for General Thomas
then asked that he be finally dis
charged.
Judge Carter granted the motion,
for the following reasons 1t is con-
fessed here by the prosecution, or
rather stated by the prosecution, and
it Is a truth which, under the circum-
stances of this case, we are all we'll
II I