Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1870-09-02

We, WV
purity of hardship between the Gov
ernnent and the accused. The Gov.
eminent makes the accusation, and
there could be no hardship implied
in making its case to appear, 1t
must show cause or fail to do so. 1t
must show cause for commitment or
there could be none. The judgement
of the court must be formed before
it could be pronounced, and it could
only be formed by hearing the tcsti-
mony. If the Government should
swear that r. II. Butler had feloni-
ously forged the name Of Bethany
Farmer upon that check the defence
stool prepared to saredr that oath into
oLlirion and igdmy. No effort had
been made to bring Mrs. Farmer here.
surely the defense had been kept
waiting long enough, and now stood
ready to prove this charge utterly
groundless and untrue.
JUGE CAMPBELL quoted again from
the act of 1889, showing that where
an accusation was made before q Dis
trict Judge, the accused may be COM
mitted if the oifensc be proved.
DIsT ATTORNEY CAMP commended
that trial de fore District Court by
State rules was impractical and lille
gal and alluded to the right of rcqui-
sition upon the Governors of other
states as one Of positive dissimularity
of tn. two modes of criminal proceed
ure. He claimed that the right of
preliminary trial was in this case con
fined to the city of Washington, and
that the "same process " did not inn
ply similar proceeding, There was
already before the court sufficient evil
dence of guilt to commit. The pres
ence of a certified copy of the indict-
mcnt could have resulted in no advan-
tage to either party. The warrant
was issued upon affidavit of guilt.
The argument having been conclud'
ed Judge Trigg gave at considerable
length very lucid and ably supper.
ted opinion confirming very positive,
ly the position assumed by him OF
Friday the 10Th inst. There was be
fore the court no certified copy o
AIRY indictment before any Jury of thu
District in which the crime was alleg
ed to have been committed, and Art
9TH of the Amendments to the Con
stitution of the United States affirm
ed that, "no person shall be held t.
answer for capital or otherwise in
famous crime unless on prcsentmer
or indictment Of grand jury" ii
paid very high compliment to tn
ability and worth of Chief Justit
Marshall who says that the Judge ma
commit provided the oiIense be proven
Not one word of evidence had yc
been produced to substantiate the a
legation which was made against tn
accused. There was no warrant frol
Judge Fisher. The accused was her
upon warrant which he, judy
Trigg had issued. The motion of til
District Attorney was therefore ovei
ruled.
The DISTRICT ATToRSEY express
ed himself unwilling to press the cas-
farther. He had no evidence, wha
ever, present. which would substant
the accusation made in the warran
and would leave the authorities. ;
Washington to pursue such course ;
!, they felt inclined to.
, JUDGE CAMPAELL announced this
the defendant was ready for trial an
if the court should at any future tin
demand his presence at WashingtC
| he would promptly meet the summon
JUDGE TRIGG then decided that {
q the Government had declined to pr
G duce any testimony tending to mai
E even pri8oa facie case against Il
q accused, DIR. Butler was thereto
/, discharged. "t, -