The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1868-02-29

FORE JUSTICE cARTTER-GEN. THOMAS RELEAs
ED FROM cUsroDY-sUIT BROUGHT AGA1Ns
MIR. STANTON.
The National Intelligencer of Thursday con
tains full report OF the proceedings in Judg
Cartter's Court on the preceding day i'll th
Stanton-Thomas case. We copy its account
At 11.2O o'clock, Chief Justice Cartier, ad
dressing the counsel, said: care you ready tt
proceed in the case OF the United States agains
Lorenzo Thomas?"
To an inquiry by MIR. Merrick whether it wal
to be heard in the Criminal Court or IN chamb
ers, the Judge replied that he was sitting ther
| in chambers.
Mr.. A. G. Riddle, one of Mr.. Stanton's coun
sell asked that Mr.. Nathaniel q. Carpenter, O.
Wisconsin, might be admitted to the bar, ir
order to assist the prosecution in the conduct
OF the case.
Justice Cartier said that he might be admit
ted. However it was not necessary. He
should hear the case as sitting magistrate
only.
At this juncture the son of Mr.. Stanton ap-
peared in court and handed parcel OF papers
to Mr.. Riddle.
Mr.. Carpenter, addressing the court, alluded
| to the magnitude of the case, 1ts Importance
in the eyes of the public, as well as to the par
ties concerned; and in view OF the fact that ne
desired more time to prepare himself IN the
matter, and was at present suffering from Sc
we're headache, he should ask for continual
ton of the hearing until tomorrow morning at
ten o'clock.
Mr.. Merrick-We would be very glad to
pratify Mr.. CARPENTER if we did not feel that
we are obliged to ask that the hearing shall
60 on, for reasons based on public good. We
are constrained, though reluctantly, to object
to the postponement until tomorrow.
MIR. Carpenter did not think the affairs OF
the nation would suffer materially from de-
Law of twenty-four hours. He could positively
say, if the hearing was postponed, that the
prosecution could present all their points in
two hours. The public good cannot languish
extensively until that time.
Mr. Riddle-Bosides, it is not improper to
state that it will only be the beginning OF the
case, and not it's final issue to be determined
tomorrow.
Justice Cartter-Let the examination be
MIR. Mcrrick-Before you pass the order, We
ask your Honor that the case be adjourned
from hearing before you in chambers to your
Honor sitting in the Criminal Court.
Mr. Riddle said that this was on anticipation
Of the order that would probably be passed,
that the defendant appear at the ensuing term
Of the court.
Justice Cartier said he vas as ready to de-
eide that point now as ut any time. Tho court
was sitting now es magistorial court, pre-
liminary 40 the inquiry into the matter by the
criminal court, whether any crime has been
committed. 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 IL maGsterial capacity. Ii
was not good practice for judge III chambers
to transfer his work to the court.
Walter S. CoX-An additional consideration
in making this motion, which we have failed to
mention, and which we ask to be heard before
YOU decide the question, is, whether your
Honor could proceed with the examination i'll
chambers while the criminal court is in scs-
sion?
After short consultation on this point
Chief Justice Cartier, resuming, said: Tho
inquiry of counsel seems to pro-suppose that
it is the duty of tho judge holding the court to
inquire into crimes committed, the grand jury
sitting apart from that court n tribunal made
by law to examine tho nature OF all charges
presented and render such action US is ncccs-
sary. Tho examination of n judge Ill chambers
is as to whether crime las been probably
committed, and it is properly his province, and
not Of judge upon tho bonch. The idea, in
my mind, is that the transfer may be made;
not that it should be done. 1t is, therefore,
merely matter of practice, and, whilo he
would do ANYTHING for the convenience of tho
record, he did not sec that anything could DO
gained by the transfer.
The order fol- the continuance OF tho case to
be heard in chambers tomorrow was made,
and the Judge resumed the business OF the
Criminal Court.
lIr. Merricll then arose and said: May it
please your Honor, General Thomas having
given bail on Saturday ast-the day Of his az
rcst-to appear before you i'll chambers to-day,
has bccn surrendered by his ball. and is now
in tho custody of the Marshal Beng in the
custody Of that officer, VIC present to your
Honor rs the Judge holding the Criminal
Court for the District OF Columbia q petition
for the writ of haJcas corpas The petition is
as follows:
TO tie Hon. ID. II. Cartier, Chicf Justice Of
the Supreme Court Of the District Of Co.
iumJia, holding tie Criminal Coui 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 Il warrant
made out and given to said officer by your
Honor, sitting in chambers. IIo AYERS, and will
show that said Imprisonment is wholly unlaw-
full and without color OF authority under the
Constitution and laws of the United States
upon the facts stated in the cause If his said
arrest, and he prays your Honor for tho writ Of
ha6eaS corpus, directing the said Marshal to
bring the body of your petitioner before your
Honor in open court, that the callse of lis cap
ton and detention as aforesaid may bo lnquir-
ed into and be dealt with according TO law.
Mr.. Carpenter-This application was entirely
an unnecessary episode in the case. The
prosecution had, at the request OF the Secrc-
tary of War; instituted the proceedings IL o.
der to bring the matter before the courts for
judicial settlement There was no personal
feeling existing OIL the part Of mir. Stanton
against General Thomas. He only desired to
settle the question involved in the matter for
the benefit of all concerned. The prosecution
have the highest opinion of Mr.. Thomas per-
sonal character, and they would not ask that
he be held even in his own personal recoSni-
zance. We do not even think it necessary.
Justice Cartter-What have you to say Oh
this question?
Mr.. Cox-It is not necessary that We should
ask your Honor to take this into account. His
bail is surrendered, and lie is III the hands Of
the Marshal He was bailed to appear here be-
fore you, and as his bail have surrendered him.
he is legally in the custody of the Marshal and
asks as his right for u writ of ha6edS corpus.
Mr.. Carpcnter-He was bailed to appear be-
foro you sitting in chambers, and not as Il
Judge OF Criminal Court.
Mr.. Mcrrck-N the view OF the counsel is
correct he is certainly in custody. Our APP
pllcatiol is to the court now open, and not to
tho Judge i'll chambers.
Judge Cartier remarked that his knowledge
of General Thomas character would not allow
him for moment to deprive him of his liberty
if the case was to be continued
Mr.. Cox-Tt then only remains for us to ask
that he may be discharged.
,,It I ,,,Il 1,oI II,