Alexandria Daily Advertiser

By the following extract of a letter from New York, dated April 8th, it appears that Mr. Jefferson's district judge and attorney are still going on in a way to furnish ample amusement to all such as can find amusement in proceedings which reflect disgrace upon the whole country, as well as upon the particular agents and those under whose authority they act.

"You are already informed that the grand jury have found bills against five persons, of whom S. W. O. and col. S. are two. The latter being in execution under the process of the supreme court of the state, the whole of the morning has been occupied by the court in endeavoring to fall upon some plan to take him from the custody of the sheriff, and to bring him before the court to charge him on the indictment. The defendant's counsel have remained perfectly silent, giving the district attorney, however, and the court to understand that they proceeded at their peril, and the sheriff declaring that he would not give up his prisoner unless indemnified by somebody.

At last an act of congress was found empowering the judge of the circuit court to issue a habeas corpus ad testificandum directed to the sheriff, &c. commanding him to bring the prisoner into court, &c. This was accordingly issued and this afternoon the sheriff came into court accompanied by col. Smith. As soon as he appeared, the district attorney ordered the clerk to arraign him on the indictment. To this his counsel objected, declaring the whole proceeding was irregular, that no habeas corpus ad testificandum could regularly be allowed, unless there was a trial to be had on an issue joined: that there was no issue joined upon any of the indictments found, and therefore the law cited did not authorize the judge to allow this writ: that if the writ had been issued regularly, it was merely ad testificandum, and to pervert it to any other use, would be a trick upon the party and upon the judge who allowed it: that it would be highly derogatory to the dignity and justice of the country to descend to a trick in order to execute its laws.

After some argument the judge declared he would not suffer the defendant to be arraigned while attending under a habeas corpus ad testificandum, and he was accordingly dismissed; but before he had time to get out of the court room, he was arrested by the marshal on a warrant founded on the indictment, and was again brought before the court. It was stated that he was now before the court, not by virtue of the habeas corpus, but under the warrant, and of that opinion was the judge. Col. S. was then charged and plead in abatement, in writing, that there was illegal evidence laid before the grand jury when deliberating on the bill found, and which he stated to be the examinations and depositions taken in March. Mr. O. filed a similar plea. The court were then about to adjourn, when the district attorney moved the court that Col. S. being now before the court be committed to the custody of the marshal. The court ordered him to be committed accordingly--The sheriff declared he was his prisoner. The judge replied, "I cannot help that; I sit here to see the laws of the United States executed; I have therefore ordered the prisoner into the custody of the marshal. If you claim him, you and the marshal must settle that between you; I have nothing to do with it."

In other words, you are two executive officers, you may contend for the prisoner, and the stronger take him! The sheriff however, set off with Col. S. with as much speed as possible, and before the marshal could get out of the court, was beyond his reach. Thus ended this day's business."