The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-03-30
estate Of Nrqinie, City Of Richmond,

mo y a Favier, justice Of the peace in
and for said city, Edgar Allan, and made
oats .hat he was present in the city Of
P;cbmond on the ed day Of March, 1869,
and was in company with Sergeant Gum
mb ~ h" be arrested II. G.. Bond on the charge
Of completely in the felonioua detention OF
a certain letter. That he urged inc sald
Sergeant Gum to take the SAID Il. v. Bono
before the Justice issuing the warrant, ana
not to take him before the Mayor. That ne
heard the said FL. G. Bond request TO De
taken before the Mayor, and that the said
Sergeant Gum agreed to do 30.
IGiyen under my hand and aesl this z3d
day Of March, 1869. -,
estate of Virginia, City of Richmond,
to aoit:
"This day personally appeared before
me, v. a. Favier, justice OF the peace In
and for said city, W. q. Samuel, of said
CITY, and made oath that netime since ne
was in conversation with Judge d. e. Bond
on the subject Of his (Bond's) chances for
election to the Senate of the United States /;
that in talking over the position of certain
parties on the subject he (Samuel seid to
Bond, How does Chahoon stand Can you
reach him?' To which Bond replied. 'Oh,
yea, control him absolutely. | hold him
between my finger and my thumb
"Given under my hand and seal this 23d
day of March, 1869.
"V. A. FAvIER, J. P"
Mr.. Allan said, as one of the prosecutors
he objected to the District Attorney being
allowed to put the defence in possession OF
the facts he expected to prove by absent
witnesses.
Mr.. Beach urged that the absence Of Mr..
James was sufficient cause for continuance,
THE LIE PASSED.
Judge Bond here rose to say that mas
much ss one of the afidavits which he had
lust perused referred to o conversation said
to have taken place between himself and
Mr.. Samuel he was prepared to swear that
the statement therein made WIGS utterly and
absolutely false!
The Commissioner said it was unneces-
sary to swear to that, as the statement,
whether true or untrue, would not affect
him in his decision.
Mr.. Van Wrinkle, United States Marshal,
being called, stated that Mr.. James, the
absent witness, was not within the juris-
diction of the court. He thought he was
in Washington, and that he could be here
to-day.
The Commissioner then decided to 60 on
with the case, with the understanding that
the examination should be suspended until
Mr.. James could get here.
MIR. Beach then read the aflilavits con-
tanning the charges against the accused
and the laws under which the complaints
were made ; after which he asked that
Messrs. Allan and Samuel, and Alexander
Burwell Ia negro, be sworn.
ABALKY HORSE.
Mr.. Allan begged leave to submit the fol-
lowing protest against being sworn:
"The witness protests against being
forced into an examination at this time for
the following reasons:
"lst. That it has been stated by oneof the
counsel for the defendants in this cause that
the District Attorney was absent at the first
hearing of the case from the fact that he
considered the charge of a trivial nature,
and presumed the innocence Of the &C
cused.
"2d. That the witness is unwilling to &C.
cede to the proposition of the District At
torney to disclose what facts the prosecu-
ton expect to prove by absent witnesses.
"3i. That the witness is unwilling to 60
into the case in which he is prosecutor
until oil the witnesses ere in the custody Of
the court. EDGAR ALLAN.
Mr.. Beach said this called for word Of
exclamation from him. The statement that
he considered the charge trivial was unau-
thorized by him.
The Commissioner The witnesses will
be sworn.
Mr.. Allan I decline to be sworn.
The Commissioner Mr.. Beach, do you
insist that these gentlemen be sworn?
The District Attorney lido, sir.
Mr.. Allan: l will not be sworn, sir.
The Commissioner Then / shall have to
commit you for contempt. The Marshal
will take you in custody.
Mr.. Allen turned at once to Mr.. Gilmer,
who sat near him, and said, Will you
now take charge of my case, SIR"
Mr.. Gilmer: will, sir, with pleasure.
Hand me that protest. If your Honor
please, suppose l will be recognized as in
the case now.
Mr.. Gilmer then took the floor in opposi-
ton to the commitment of Allan. He ar
gued at length to show the improperly Of
proceeding without the presence of MIR.
James. He contended that Allan was right
in refusing to be sworn when it was appa-
rent that his testimony would disclose the
plan Of the prosecution. This witness
should be protected. He had right to de-
mand delay, having sworn that the testi-
mony of James was essential. Another
witness (SamueD had been, in the presence
of his Honor, brow-beaten. Mr.. Bond had
dared to arise here and say that Samueps
sworn statement was false, and the Com
missioner and District Attorney uttered
not q word of reproval. He could
hardly realize that he was in court
of justice. These men were doing
what they conceived to be their duty;
and was this their reward Was one Of
them now to be incarcerated as prelimi-
nary step to the punishment threatened by
one of the accused Why in such hurry
to commit Mr.. Allan? Why, when in full
tilt after the accused, turn back to break
Mr.. Allan's nose ? There we're other wit
nesses here to be examined. Why not 60
on with their examination James might
come in the mean time, and then be would
no longer object to being sworn. 1t was a
solemn act to undertake to commit wit
ness under such circumstances. Would
the Commissioner dare to do it? In con-
clusion, he asked, as it was now late, and
as James might be here in the morning,
that the case be adjourned until this morn
ing. What con be lost by the adjournment
What can he pained hY O commitment.