Download Firich Vogeu DB6500 Hard Reset File

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Page 94 94 by Conner on the 11:20 train, going west, on the Terre Haute, Alton, and St. Louis Railroad. Wvhen the train got to Sanford station, on the State line, and stopped, David L. Philips, Marshal for the Southern District of Illinois, and two deputies, came on board the train. I was delivered to them by Sheriff Conner. I demanded of Marshal Philips his authority for arresting me. He told me he did it "by order of the President, backed by six hundred thousand bayonets." I refused to submit to the arrest unless he showed some legal authority or process authorizing it; told him of the proceedings before Judge Claypool upon habeas corpus. He said that he had orders to arrest any Judge who granted a writ, or discharged any State prisoner upon the return of a writ of habeas corpus. He then showed me a General Order of Secretary Stanton, which then assumed to suspend the writ of habeas corpus, and authorized the United States Marshals to arrest all persons who might be guilty of disloyal practices, or discouraging enlistments. I was taken by the Marshal and his deputies to Springfield, Illinois. They refused to permit me to stop at Paris, on our road, to see my family, or to procure necessary clothing to take with me. We arrived at Springfield on the ninth of August, where I was permitted, under military guard, to remain at a private boarding house by paying my own board. I was compelled to pay my own board or be sent to Camp Butler. I preferred the former. While at Springfield I was given to understand by the United States Marshal that any attempt to procure my release by habeas corpus, or employ counsel, would be regarded as an aggravation of the offense. I requested the Marshal and his deputies to inform me what the offense was with which I was charged. Their answers were evasive and indefinite. I was attacked with flux while detained there, and on Wednes day following they started with me for Washington City. I protested against their taking me until I recovered sufficiently to be able to travel; but I was told that I would have to go, and that I could travel in a sleeping car at night. When we reached Washinp,ton City, in consequence of my being sick, and through the kindness of Isaac Keys, Deputy Marshal, I was allowed to go to Willard's Hotel until I could call upon the authorities to try and obtain my discharge. In company with lIon. John P. Usher, then Assistant Secretary of the Interior, and who was my personal friend, I went to the War Department to ascertain the nature and character of the charge on which I had been arrested. Stanton was not in, but

Page 79 79 Harrison county, Indiana, and have resided there over thirty-one years; have a family-wife and four children. I was arrested on the 25th day of October, 1861, from my residence, at midnight, by a man who called himself Moore, a resident of Jefliersonville, and some twelve armed soldiers and four citizens; the soldiers claiming to be Home Guards. I was taken to the tent of Colonel Hazzard, on the Kentucky side, opposite to West Point, on Salt river. At the time of my arrest, my brother approached Moore, at my request, for his authority for making the arrest. Moore stated that he was chief of Secret Police, by order of Secretary Salmon P. Chase, and exhibited a paper to that effect. The charge upon which they alleged my arrest was that of treason, as declared by Moore, and that I should answer to the same in the city of Louisville. No warrant or authority authorizing said charge of treason was shown me, and the only authority they pretended to have was the paper said Moore had as secret police. The men who arrested me were under the command of Moore. From Colonel Hazzard's tent I was conducted to New Albany, and from thence to the city of Indianapolis, accompanied by Moore and two or three other armed men. Upon my arrival at Indianapolis, I was placed in the custody of Lewis Jordan, Deputy United States Marshal. Jordan informed me that the charge upon which I had been arrested was not a bailable offense; but that I could employ a guard to watch me, and by so doing I could avoid going to prison. Jordan named a guard of one man, whom I paid the sum of two dollars per day. Mr. Jordan told me that price was customary for such service. At the end of ten days I had a trial, before John H. Rea, Commissioner, and was duly acquitted. The evidence against me on trial was that of Moore only, who testified that he had heard me say, when in Colonel Hazzard's tent, under arrest, that I had sold mules into Kentucky. I paid nmy expenses while here and upon my return home, amounting to three hundred dollars, which was never refunded to me. After my arrival in Indianapolis, Moore filed his affidavit against me, alleging that he believed me guilty of treason, and upon that affidavit I was tried before the Commissioner. Question by Mr. FERRIS What is your politics? Answer-I was a Whig. Since that party broke up, I have acted with the Democratic party. I am not an active partisan; never attend conventions, simply vote.

Page 90 90 or ten soldiers of the Fifth Cavalry. Don't know his name. In reply to my demand for the ground of my arrest, he said that it was for "treasonable conversation." I was from there taken to "Camp Newburg," before Colonel Graham, who said to me that the Sergeant-Major was authorized to arrest citizens; and the next morning, upon taking an oath in substance to support the Constitution of the United States and that of Inidiana, I was released. I was then, and still am, a member of the Home Legion. I am a Douglas Democrat. No warrant or authority for my arrest was shown me. Question by Mr. BAKER What was the substance of the conversation for which you were arrested? Answer-In controversy with a citizen named Waters, he (Waters) said that the editor of the Cincinnati Enquvirer was a traitor, and ithat any man who read the paper was also a traitor; and that Mr. Buchannan should have been shot. To which, among other things, I replied that Lincoln out to be shot for his proclamation. Question by Mr. BAKER State, if you know, what the soldiers who arrested you were engaged at while in your neighborhood? Answer-They were gathering up soldiers who had left their regiments. SAMUEL LOGSDON. WILLIAM McHENRY (PADUCAHI, KENTUCKY) SWORN. Examined by Mr. SHOAFF Answer-My name is William McHenry. I am twenty-six years of age; by occupation a steamboat-man; reside at Paducah, Kentucky; but generally on the river. I I was arrested at Evansville, Indiana, on the thirtieth of September last, by a file of six of the provost guard, who took me to the Provost Marshal, who said to the guard, "I don't know any thing about him; I have nothin against him; I will have to send him

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