The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-03-25
THE MISSING EErTER.,
THE GOVERNOR AND PARTY BEFORE
THE e. s. COMMISSIONER. -. :
Case Continued.

~.!l''----. Case Continued. q
AT L o'clock yesterday United States
Commissioner Chahoon held court in his
private Office, in the City Hall, for the
Investigation Of the charges against Go
vernon Wells, Judge Bond, Mr.. Dudley, and
Mr.. Zincke.5 J. II. Gilmer, sr., appeared
for the Government, and L. II. Chandler
and Judge Crump for. the accused. sa~.-yr;,
A dispatch having been received from
District Attorney Beach saying that he
could not be in Richmond at the time fixed
for the. hearing, Mr.. Chahoon said there
was no case formally before him, as no
warrant had been issued and no complaint
made.9g 1a sg.3t asog .zgez sEt - d 3,
MIR. Chandler wished the case fully in
vestigated, and wac ready to 60 on. :. g.,
Mr.. Gilmer was surprised at the propo-
sition to go on without the presence of the
District Attorney, and suggested that the
parties accused be recognized for their ap-
pearance at some future day, when Mr..
Beach could be in attendance. He con-
tended that the Mayor had erred in dis
missing the warrant but however that
might be, the defendants were now before
his Honor Gas United States Commits
Esioner, and could not depart until some
action had been taken in their Gaze.
He would have no hesitation about pro-
ceeding if the District Attorney was
here, but his presence was essential in q
case of such great Importance, not only
to these parties, but to the power, inviola-
bility, and integrity of the Post-0ffce De-
partment. The high position Of the accused
is but another reason for speedy trial.
They should be the last to wish the matter
togo by default. The compliments were
fully prepared for all claimed in the origi-
nal warrant. Finally, he suggested that as
Mr.. Chahoon had had this case before him
already as State officer, it should be in
vestigated before another United States
Commissioner. - - fsrrzE
- Judge Crpmp said he-was hereto defend
the parties accused of this criminal action.
The first thing to be done was to inquire
the exact nature of the charges, and these,
therefore, should be specifically stated.
This was the ordinary method, and it was
indispensable in every form of trial He
was authorized to say that the accused we're
anxious to proceed at once to the examina-
ton, and if they had correctly anticipated
the. charges, were prepared to show them
without any solid foundation in law or res-
SON. He regretted the absence Of the Dis
trict Attorney, but as able counsel had been
employed for the prosecution there was no
good reason for delay. - -
: Mr.. Gilmer was prepared at any time to
put the charges in form, end if the District
Attorney did not arrive, would do SO. In
legal sense, however, they were already
before the Commissioner.
Mr.. Chandler, for the defendants, de-
Tended the action Of the Mayor in dismiss
ing the warrant, and said that it was done
by his advice. The gentleman (Mr. Gill
mer| had got upon the rampage, and was
attacking everybody. He saw no reason
in censuring the District Attorney for his
non-appesrance. Mr. Beach did not, doubt
less, consider the emergency. 30 great as
did those who were Immediately interested.
, It had also been limited that his Honor (Mr.
Chahoon) should send the case to another
commissioner, for some reason -sa
y. Mr.. Gilmer: gave it, sir.
Mr.. Chandler heard no reason. You
gave an opinion. If Mr.. Chahoon was dis
qualified merely by having the accused
brought before him as Mayor, or if there
was any probability of his being influenced
by prejudice; he was not fit to be magis-
trate at all. If the complaint was correct
in the first instance, why not at once make
it out again, and obtain warrant from the
Commissioner If charges were not made
he should move the discharge Of the ac-
cused.
Mr.. Gilmer said it was not his duty to
make out the warrant, and repeated that
the Mayor erred in dismissing that first OBJ
tanned.
Mr.. Chahoon here remarked that it was
done at the instance of the City Attorney.
Mr.. Gilmer, resumiDg, said, in reply to
Mr.. Chandler, that the District Attorney
had no right to believe these parties inno-
cent. Shall it be said that the District At
torney hesitates because the Governor of
Virginia is under arrest? If so, he has no
right to hold his office. He did not think,
however, that his friend Mr.. Beach had
stayed away for any such reason. He
urged that this case be fully investigated,
not for the honor of Old Virginis,-she is
floating, like a dead sea-weed, upon the cur
rent of events-but that the majesty of the
laws of the Union may be yindicated.
Judge Crump said that they wished to
interpose no technical objection. If the
charges were before the Commissioner in a
satisfactory form to him the investigation
could proceed. The accused expected to
show that the charges were born in malice,
and could not be supported OF sustained.
After some further argument, the Com
missioner said that it was his practice to
receive formal complaint, and upon it to
issue the warrant. AS there had been no
complaint in this case, there was really no
case before him.
Mr.. Gilmer said he would soon have the
complaint; and thereupon the following
document was drawn up, and sworn to by
Messrs. Allan and Samuel:
Personally came Edgar Allan and Will
liam H. Samuel before me, George Chahoon,
United States Commissioner, this 24th
day of March, 1869, who, being sworn,
deposed that Henry d. Wells did, on or
about the Let day of January, 1869, unlaW-
fully and without authority open and con-
spire with b. G. Bond, L. E. Dudley, and
Charles E. Zincke, to secrete 8 certain letter
written by the said William II. Samuel, and
directed 10 the said Edgar Allan OF the
town OF Farmville, in the State of Yir-
ginia, which said letter had been
regularly deposited in the post-office in the
city Of Richmond, Virginia, about the 18th
of December, 1858; which said letter was
so opened and secreted with the view to
obstruct the correspondence Of the said
William II. Samuel and Edgar Allan, and
to pry into their business and secrets, and
did secrete, and conspire to secrete, such
letter so opened by aforesaid before said
letter was delivered to the sold Edgar Al
Ian, he being the person to whom it was
addressed, with the design to ohstruct the
correspondence and to pry into the business