Year: 1868

suggested had been done by high authority, but
that did not affect the question. While he
dou bted the propriety of making this transfer,
and his brethren concurred with him.


Mr.. Merrick said that General Thomas was
here 10 answer his bail and surrender himself
to the Marshal. and he would now present TO
his honor petition for kdbeas corpus, as fol-
lows


To he Hon. d. Il. Cartier chief Justice Of TIE
Saprepie Court If The District Of ColaBsba, holding
he Criminal Court for the said District: The peti-
ton OF Lorenzo Thomas shows that he is now
held In custody by the Marshal of said District
out and given to said officer by your
Honor sitting in Chambers He AYERS and
Will show that said Imprisonment is
wholly unlawful and without color of
authority under the constitution and laws
OF the United States upon the facts stated in the
ause of his said arrest, and he prays your
honor for the writ OF kdJeas corpus, directing
the said Marshal to bring the body Of your pc
titioner before your honor in open court, that
the cause of his caption and detention as afore-
said may be inquired into and be dealt with
according to law aas


Mr.. Carpenter aid that this action was un-
necessary, that this suit was prosec uted by the
Secretary OF War, who had taken this course to
bring the matter to a decision, but there was no
lll-feellng between him and General Thomas.
They did notask that Generel Thomas should
give bail, or that he should even be placed un-
der his own reoogniZance.


Mr.. Cox said that Gen. T. had been surren-
dered by his bail


Mr.. Carpenter said it was clear to his mind
that the prisoner could not come here and ask
himself to be impris oned


The Chief Justice said tha: the question be-
fore him was what disposition should be made
OF the case.


Mr. Merrick remarked that the question first
10 be decided was the motion for continuance,
and then the petition for habeas corpus can be
made.


The Chief Justice remarked that he had great
confidence in General Thomas, and the prose
cution having announced that they would not
ask bail of him, he would not hold him per-
sonally to appear, believing that there would
be no necessity so TO do. Hf-


Mr.. Cox said that thsre was nothing else for
the defence TO do but to move the discharge of
the prisoner.


Mr.. Carpenter said that this matter Of bail
had nothing whatever 10 do with he inquiry
before the court. The Court had said that bail
was not necessary, and if 1t was not necessary,
then IL would be unjust 10 require 1t.


Mr.. Merrick.-May it please your honor I
have suggestion -.


The Chief Justice said il was unnecessary
for he had determined to grant the motion for
the reason that General Thomas does not seek
TO evade the law. 1t was now the Wednesday
before the Monday in which the Criminal
Court, with its grand jury, will be in session
There are no circumstances in the case be-
fore this tribunal W hich would settle an ything
The subject that is now under controversy is
pas sing the ordeal Of the highest tribunal in the
land, and 1t must termin ate with the session of
grand jury. In view of these facts, any in
yestigation here would partake of the charac-
ter OF trifing, and he did not propose TO be in
strumental in such a case. Under the avowals
made before HIM, he thought his duty as mag
istrate would b. well discharged in dismlssing
General Themes on motion of his counsel


This announcement seemed TO take those
assembled rather by surprise, as also General
Thomas, and in moment Judge Cartier re-
marking, sGeneral Thomas, you can go.'' the
General rose. and was Immediately taken by
the hand by his counsel and other friends, and
as he left the Court House quite a number in
!he crowd cheered him. After leaving the
Court House he proceeded with his counsel to
Mr.. Bradley's office, opposite the Hall.


General Thomas is a thin, erect, active looking
person, W ith blue eyes. white hair, and rather
mild expression of cOuntenance. He wore a
blue military oyercoat buttoned to the chin.