Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-02-26
The Stanton Thomas Case in
Court.
A New Move on the Chess Board
A Subpoena for Mr.. Stanton as a
Witness.
He is Required to Show His
Commission.
The Subpoena Placed in the
Hands of Marshal Gooding.
The Subpoena Served on MIR.
Stanton.
He Answers that he will Appear.
ANOTHER MOVE ON THE BOARD.
GEN. THOMAS sURRENDERS HIM.
SELF TO THE MARSHAL AND
ASKS WRIT OF HABEAS
CORPUS.
THE COURT DECLINES TO HOLD HIM
IN CUSTODY.
GEN. THOMAS DISCHARGED.

-D
As early.as half past O'Clock this morning
a large number of persons had assembled in The
Criminal Court room where the case of the
United States against Lorenzo Thomas, arrest.
ed under the tenure of office bill, was to be
heard. About that hour the defendants coun-
sci, Messrs. Merrick and Cox, obtained a sub
.aao on Mr.. Stanton to bring with him his
commission, which saLpana was placed in the
hands of Marshal Gooding for service.
The following is copy of Subpoena issued:
Is ke Supreme Court Of the District Of ColamJaa,
February %, Ie5e.-United States, plaintiff,
against Lorenzo Thomas, defendant, No. -
Law. The President of the United States to
Edwin NJ. Stanton You are hereby command
cd TO appear in this Court as wItne Tor the
de- fendant, and bring it'll You your commission
as Secretary of War Immediately.
Witness: ID. X. CARTIER,
Chief Justice Of said Court
T.. !. MEIGs, Clerk.
On the back of this subpoena was the fol-
lowing endorsement: s.United States VS.. Lo-
r.nzo Thomas, STA. for Secretary OF War. Du-
c : teCum.'' .-
Marshal Goodng arri we'd at the War Depart
ment about half-rast ten o'clock, sent in his
card to Secretary stanton, and was imme-
dlateIy admitted. Mr.. Stanton then invited
Marshal ooding into his private Office, where
the Marshal handed him the copy of the writ,
which Mr.. Stanton read, and replied that he
would be n Court before II O'Clock. The Mar
shall then withdrew and returned to the court
house, and returned the writ to the Court with
the following endorsement:
..CITY HALL, WASHINGTON, ID. C.-The
within writ came TO hand at o'clock and 30
minutes A. NJ, and was served On Edwin NJ
stanton. by copy delivered to HIM in person by
me, at 1O O'Clock 30 minutes A. NJ. of to-day.
DAVID :. GooDING, L. s. Marshal, ID. e.
February 20, le6e.'
There were no persons admitted within the
mar other than members Of the bar, Of whom
there was large attendance. Gen1 Thomas,
with Messrs. Merrick and Cox, his counsel.
and Mr.. Bradley, who is consulting counsel,
entere d the court room few minutes past 10
O'Clock. The counsel for the proseeu ution,
Messrs NJ. Carpenter and A. q. Riddle, have
not as yet applied for a sutpand, and it is be-
lieyed that the one for Mr.. Stanton will be the
only one issued.
AT twenty minutes past ten O'Clock Chief
Jastice Cartier entered the courtroom, and the
Criminal Court was opened by Deputy Mar
shal Phillips Judge Fisher took his seat fe W
m omenis after, for the purpose Of sentencing a
number of prisoners tried AT this term.
Judge Olin was also on the bench for a time.
for the purpose of sentencing prisoners con-
victed b+iore him during the criminal term.
Mr. Riddle, OF the counsel for the prosecu-
ton, was present at an early hour, but his COL
league Mr.. Carpenter, Esq, did not arrive un-
I'll some time otter the hour appointed.
!twas pot until II 10 that the court was ready
10 commence the examination, at which time
Chief Justice Cartier inquired If they were
ready TO proceed with the case OF the United
States against Lorenzo Thomas.
Mr.. Riddle asked that Mr.. Carpenter be ad-
mittd.
The Chief Justice said that he was sitting as
a magistrate, and it was not necessary 10 for
malIy admit Mr.. &.
Mr. Carpenter said that this case was very
important cne, and in view of its importance,
and also that he was too unwell, he suggested
morrow morning at 10 O'Clock.
Mr.. Merrick said that the defence was con.
strained to object TO the postponement, and
suggested that the case go on as far as pos
sibie The case was one winch req uired speedy
settlement, Lnd they objected because it was a
matter in which the Government was inter-
estsd, and public interest demanded the case
10 90 on.
Mr.. Carpenter remarked that the public in
u rect could not languish If it was adjourned
until tomorrow.
The Chief Jusuce-Let the examination be
contir-.
Mr.. Merrick.-Before you pass the order
YOUR Honor, we would like to make q motion
That the case b~ continued before your Honor
as Justice holding the Criminal Court, and not
in chambers.
Mr. Riddle said that the prosecution would
prefer a postponemcnt Of the consideration of
this question until tomorrow, in order to well
examince some phases Of the case. -
The Chief Justice asked II II was good prac-
tice TO permit 3 Judge at chambers TO transfer
his work into the court.
The transfer might administer 70 the conye-
ntence of the record, but could not change the
character Of the in vestigation. Either tribunal
must act In a mag esterial capacity. IL Is only
preliminary inquiry whether the laws have
been ofie Rded.
The highest function of a magistrate is to in.
quire whether a crime has been committed, and
the hi CHEST power ke can exercise is TO hold the
offender 10 answer upon trial
i should be very glad 70 do anything for the
con venience Of the record or the convenience
Of either party, and while will do Il, as far as
time permits, II seems 70 me nothing can be
gsined by the transfer and have informally
consulted with my brethren, who concur with
me.
Mr.. Cox suggested that there was a doubt
whether Justice Of the Court could examine
case In Chambers when the Criminal Court