Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-08-27

TIE CASE OF MAJOR COOPER, Of Young's regi.
ment OF Kentucky Cavalry, was called up for .
hearing before Justice Dom yesterday afternoon,
was made by Capt. Hall E Colby, late quarter
master Of the regiment, to the effect that Major c.
had broken open sealed letters belonging to him
and Others
The testimony Of Capt Colby was, that letters
directed TO his wife and others were placed In the
hands Of Major Cooper on the 10th instant and
that they had not reached their destination, and
he had learned that they were opened by Major
Cooper.
MI Ford testified that he was at the breakfast
table at Col. Youngs quarters; Major Cooper pro-
duced two letters said they were from Ca pit. Col
by, and opened them, and passed them to a gen
tleman, and Mrs. Young looked over that gentle
mans shoulder while he had them. The witness
did not know who they were directed to, or the
contents; but heard the name Of Mrs. Colby men,
toned
1t. Col Samuel Queens testified that Capt Colby
was at the time under arrest that he was arrested
by Major Cooper upon a verbal order from Col.
Young, transmitted by the witness himself. Major
Cooper and himself were officers OF the regiment
at the time, by appointment Of Col. Young,
though not yet confirmed by the Department. 1t.
the post be would have arrested Colby a month
ago. Colby had been drunk for two or three
weeks, and was going about acting to the dis
credit Of the regiment and its officers.
The opened letters were presented to the wit
nesse:, and were fully identified. They were pro-
duced by Major Cooper, who did not deny that
he opened them.
Col. W. H. Young, for the defence, testified that
he ordered the arrest prior to going to Philadel-
phia, and on his return ordered his release. Col.
Y. stated that Colby was mustered in by the mus
tering ofhcer the same day with himself, but the
mastering officer afterwards notified the Colonel
that the appointment Of Colby was illegal, as he
was not Lieutenant. Colby was however
tained In the capacity by the Colonel, with the
Intention Of having the appointment duly con-
hrmed, as he was an excellent officer IL kept
sober. But In the city his worst enemy made
him an annoyance to the Department The off,
GERS complained that the regiment suffered by
| authority, attempting to make req uisitions upon
the Department, &c. While under arrest the let
tiers were received and opened by Major Cooper.
Col. Young did not order him to open them, but
justified his doing so.
Rec Mr.. MeMurdy, chaplain Of the regiment,
testified that he was present when the letters
Were opened That ajor Cooper brought them
into the breakfast room where they Were seated,
and remarked that there were two letters direct.
ed to Mrs. Colby, and in separate envelopes and
remarked that under the circumstances be thought
1t was his duty to open them, az II was strange
that two letters written at the same time should
be sent to the same person In separate envelopes.
Witness identified the letters shown az the ones
opened, and was positive that the act was not
maliciously committed, but the letters opened by
the Maj AZ duty under the circumstances.
After hearing the arguments of Mr. g. 8. Will
liams for the prosecution, and 6. l.. Giberson for
dence did not exhibit malice on the part of the
defendant, and dismissed the case.
Capt. Colby then had Major Cooper arrested
upon charge Of assaulting his wife, and the
case was set for a hearing to-day.