Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1877-10-08
RELEASED ON $4,000 BAIL.
The Case Postponed Until the Meeting OF
Congress-, to allow the Senate an OPP.
portunIty to Decide II He is not
Protected from Arrests

Chief Justice Cartier having last night issued O
warrant Oh tue requisitlon OF the governor of So
Carolina, for the arrest of Senator John j. Patter-
son, visit was soon made to the residence of the
senator by the marshal, when he ascertained tina,
the senator was not at home. His counsel Messrs
shellabanger, Wilson, Cook and Charles Pelham,
Kew bis whereabouts, aud accordingly prepared
| a petition for "a writ Of hsbeas corpus in advance
OF the service Of the writ for his arrest.
When all the prellniuaries for the petition Of a
writ OF hsbcas corpus were completed, the marsh
al was Informed of the whereabouts of the sena-
tor, whereupon the arrest was made by him, and
Immediately thereafter the counsel applied to
Judge Humphrey for writ of habeas corpus the
petiion beng based on the following grounds:
First, That Senator Patterson was regularly
elected senator oi the United States IN 1872 and
shortly af er came to the District of COLUMBIA and
has renamed here IN discharge of his duties.
Inat curing the interval from that period to the
present. he visited south Carolina several times,
but has committed no crime IN that state, aud
has continued to IT side here temporarily a Sen
ator and therefore it cannot be said 10 the term
OF the rtqnlsition that he is fug tive iron JUS
tee.
Second, The term of the court at which the in
dctment was found is not the regular term of the
court 1t was not held at the time and place au-
| thorzed by law, and consequently the finding is
| OF no validity, and the Indictment on which the
reqlsltion was founded is void.
Judge Humphreys Issued writ of habeas cor.
pu- addressed To the coroner, who served II on the
| marshal, demandin. that he produce the body OF
senator Patterson. The marshal 10 obedience to
the wit, did so.
There was present, among others, Mr.. Rich
boufg, agent Tor south Carolina, who brought
hiiher tie requlsiton for Senator Patterson, who
Is charged with the crimes of conspiracy to bride
| members OF the general assembly, and counselling
and procuring Miles G Parker to commit grand
larceny, etc.
As 1t was five O'Clock in the afternoon, and too
late to proceed with the case, Judge Humphrey
stated that he could not hear it until next Wed
nesday.
Mr. Richbourg asked to have the hearing post.
poned until Thursday, so as TO allow time for the
arrival of the attorney general of South Carolina.
To this the Judge could not sccede owing to
| the pressure of other business that day and the
remainder of the week.
The result Of the conference was the postpone
ment of the until the 18th inst, or two DAYS
after the assembling of the extra session of con-
gress.
Senator Patterson gave bail for his appearance
| in $500 Ivory q. Grinhall becoming his surety.
The case having been postponed to the time
stated, it will afford the Senate opportunity to
discuss the rights of one Of its members, and de-
eide whether Or not he is privileged from arrest
under the protective clause of the constitution.