Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-11-19
CITY lAIEILIGENGE {.

SN"f' '-'N- ''''
Moran respecting the ctnnHe OF Il five dollar not:
which he hal rendered III payment, and hnnllv lett
with Il threat to see him again. About & O'clock he
returned, accompanied by fifteen or twenty others,
apparently soldiers, ana renewed the difficulty with.
the bar trLdrr, several nf his companions attacking
ut the saInr time tho proprietor OF the saloon. lr
the course Of the melee which followed, Il violent
riluEt WAS nIade TO drag Moran from bcEild the bur
by the hair OF his head. Failing III this Tie :issassin
deliberately leve!ed his pistol nj hi, victim across the
counter and tired, the bal! entering the right side o.
Moran, penetrating III his abdomen, and infic,inc II
nlortsi wound. Alarmed by the cries Tor the
watch. when wore then raised, The murderer anI
lIs act."inpileas t1d from tine seer" a.td e-ci!ri.--.
Moran, after Receiving the fatal shot, ran ont INTO ~!
adjoining alley, Instantly returning 70 the hon>c.
when he fell, and, upon the extent OF iI> injuries be-
ing ascertained, WIS conveyed ~ his home, wiler. lac
fingered until ) o'clock Friday afternoon. whrn IL:
eNpirct. The Coruner's Jury returned II rar.iicf tia.
tue deceased caine tn his death by the hands OF sunrc
person Ia them unknown. Moran had ii wife aud
rcvsrai children, We are told, and Was Generally re-
garied rs IL good ualHrcd ai'l peaceah'y iEcEncd
person.
Tn BorTwELL IiaBEAs CokrrS CAsE-TBE
WRIT DeSI1p AXp GHE PR,suSsR F'Fn,SpsD TO
JAiL--The case OF Edward L. Boutwell,, O! firginia.
late commander in the United S;a,"- Navy. based
upon the application Of that gentleman ~ the writ
Of hu5.as corepr. continued on Tuesday, WAS re,uned
before Judge Meredith, o, The city CirrG;t Couri, on
Saturday Ivrcuoo.., when Patrick llrnrY Ay!t;.,
E"i.. CunfILvraie oraIra District Attorney. followed
t!!o counsel Tor tic petitioner, K. (. li"wt-"n, ESP,
vino ind concluded his "peI'!':I a!xuInr',; OF Ihufs-
'"Ty' ,,,.., v;r,,,y, .r-cAorir, a.. ..,,,n,,
ground, OF Commander BoEtwe!i's arrest that lac
was an officer in the tedrrni Navy aud " Spy-c"i-
tended, with Hiic!i 'arEurt!lcSs aid with ACCUSTOMED
torSe, tint the t4riy rr-!yua!i"ri .; the prisoner iiat
been %instlgatcu previously ir "O'indsI persona!
pride, and that in no act, either urteoedcD: at aIi'>"
Yuent 10 hs resignation, ind M u ;hc period q! his
urrcs,, had he evIncc'i any sympathy wit!i lire oan-c
OF The South, or manifested any purpose - all i,,r IL
her stru .s!rs. Indeed, IL wasIa!rly IL h." 'tr!ica'i !foia
his letter Of rcsignutiun, that GpmHi,t"icr E.ntwciI
regarded the State ut Virginia ns i'll All altitude -;
hostility 10 the Constitution. M!. A. argued iiiat NJ
| der the Virginia statute, modified by the Convention
! ,,riDr IL IL las. Ail"Hfn'urr', HE Governor "as IN
| Yr,tud with u:ipIc power {" arrest all SUSPECTED par
tiGs utEer tlan ci;izdis of Virginia, and that his
power, in that Respect, Wac bcyond the reach nl the
writ applied for. In Conclusion, he rl"Gnc,!ttv iH-
vukrd The Cour, to sustain with its authority the Ell
lori- Of tho Gonicderht: Government IL pruinn;c lie
public safety. Mr. A. spoke tor two hours, aId w.
followed Ly Mr. ilowisun IN his closing Argument. NJ.
II. ovut-u.ied that Commander I-Jntwei; wus Il !"vm
native OF Virginia, ind could not Dc legti!H retu:'':'.
~ uI alien clicln,. ia which light u!onr tap Govern
mcnt now viewed hin. lie reviewed c!a!'"Ga;eI; al
the facts OF The case, und urged that, 70 lEr Ir'In Jus
tIiying the Suspicion VI dlsi6yaliy, which hMi hsnii
directed against his client, they Dui sri-i.:IgG lis
character w Il high-mind=d and huIoraH!r -"n =!
Virginia lie held that The power vi tho Co@:l t' De
justice 10 the petitioner bcnea;h tic g:"ut rcn'r1i'i
writ oi hdtsdI corpus, was 1cio:!'i al. i:esti,l, a'ni
ha ciugueutly demanded il. exercise u: Dc!lai!'' Ills
client. Mr. ll"%is"h'- argn.ncLt occupied, ~ it, de-
livery, about two hoGrs.
The Court, on delivering his decision. -.it 81 The
out-et .int hr should disregard entirely the rer-"rMl
appeals which had been made - him Oh both sl'ics,
and mould his views in uccprdaur. with the i1%.-
He held that the writ 0i Aab,l. corr4S wan less coin
prell-nSiro in r,.lpe, and nlIh:i. NOR. r]c-irci:u II Ia
functions, than the COUNSEL for ti.- petitioner ibid us
sIiucd IL ~ De.
Il aa- intended Tor tho rcicalc 81 rNrt:=s Illegally
Gc.uucj; but il the fart wn- At Nay -;.pp. "i prvc'r''-
iny, made apparent that the party applying Tor tnc
writ was detained in custody, 10y competent a"d i'~
Vil authority, then ro relict could fe obtained tom
il, nor could he review tine hotIOn at ANY trlbunu! ~
authorized.
Tic Judge rscite,l the fact. ii tbs casc, nui aid
that the grounds upon which the case for the govern.
mrnt originally rsstr.l hut been very properly "uan-
dourd. There Was not, he said, Il tlt;ir "i evidence
IN thu case 10 prose thar Commander boutwell, VII n
prisoner OF war, or ,Ea. be wn- IL sry. AGni''-; ;hc '-:i"r
presumption every fact ds"'lorc'l at"iri ":iiD.e',.-
Thnunly point Of Consideration t:.cn !g!, Was Whether
tie prisoner was properly detained under the variant
81 Governor Lctchcr, i-si-d oil the 9TH ii.st., an! OF
.iGriug his nrre.r"d ~ = suspected party.
III liu CourLs yirw the only qarrton for hirn ii
Determine WIZ, the citizenship OF the nre-ir'i patty.
Ii the party is proven 10 lac the subject "i - power at
war with tn. Cvni"leray, t!rn tue poser 81 th'
Governor, under the s'Htntr referred To. IL unre-
ntTictcQ ana arbitrary. me brNeE!ot : Judgment III
the case Of III alien enemy, suspected 81 hostility 10
tie State, is C. nciH-igc. a:!i tie writ Of tdh-is egrrat
canno. rcversc IL. That cian-e Of Tia. Gct, PASSED. ~
tie Confederate Congress, defining Ssh" shall be crr-
sidere,l alien rneniies-wEiGt! rlr~ris Git;Zrn- 81 Dell
awurr, Mury land, and the District /" C"iWn,Dm from
being 50 considered, tie Court construed I" apply
only to such residents Of lt.2se Stale. wii"si:""!! he
resident in the 'Oiirirlncr, and thi- View, h." lated,
WIS entertained nj" Gy Attorney G"nrrr! Tu"krr,
II. wn7 the Courts construction Of t:n Virgins rin.
tuta previously quoted. i
The ele,r rfilt u iG% j.. tint u purity ~ac4rilcs Il cit
izeu.iir BY birth, which il requires sn.,:c positive
net To dives: himself OF, and the continuance ty Com
mandcr Boutwell,, ALTER the secession "i Virginia, OF
his residence in WASHINGTON. Ii portion %! the terri
tory Of power nj war with Virginia, wa, such M nc;
OF repatriation. 1t WAS the positive election of =
domicllc in TINT city. E1r did Commander Boutwell,.
up to the holr ri i- nIrest. cvil'lre any purpose
TO ~relinqnisl his newly acquired citisersiIn, ai.d III
resume that OF Virginia.
Tho Court said IL entertained No doubt ~NlIntavcr !
but that Mr.. Boutwell, -vmputhics were all %!;t! th-
South and with his native State, aud that he bad
entertained Ii purpose OF rendering his rrrvi.es L.
Virginia: but u'l!'ppiIy for him, tl:at purpose wW- NOT
made CLEARLY m"nii~-t. He Wa !rclcicrc constrained
to decide ti:at Mr.. Boutwell, Wis II ritIzriI 81 ,hc Dis
tricL. Of Columbia, nrl.-tlereIore, acting npon his
restricted authority under the statute, - ,!r!iv I;.m
tie writ Of hd5tJs corpus. 1t afforded him mich plea
sure, however, tle Judge continued, 10 ray that Com
mundrr L IMtwrll had proved himself an honorable
man and officer, mad that tho Court could see no cr-
cums:RGcc j~lstiiying the slightest suspicion against
ls honor or his loyalty.
The prisoner was then formally transferred, urtl"r
the Governors warrant, from the custody al the
SaerHi of fenrico county to tllut vi the Sheriff "ithn
city OF Richmond. The actual Operation ot the ilux.
rnert Was, h.,'e'er, suspended AT the rcI':r-t 81 MIR.
!Aylett, ami the prisoner rruIaEdrl ini" lii. Keeping
nf Mr.. Peasants, the iailnr Of licnricc County, MIR.
Boutwell, prefcrring sGcl! aI arrangement IL crI,Emr-
ment in the city Jail, aid the District Attorney cv.
prrsaiuy!a willingness to accord him every !ul"lgerue
consistent with duty and humanity.
The counsel FOR the prisoner intirnatel q pnrp"Sc
to apply to the Superior Court OF Appeals Tor u writ
oferr9r npon the decision II Judge Meredith, or else
10 carry il up To that tribunal, which! would have
original jurisdiction III the c;se, ul":i an original p-
ti.iop. Tho case presents iItDy ica:urc. 81 ptculimr
personal hardslips, nnd has won for !Mr. l"I;wcli no
little 81 mpa.iy and RESPECT even am"ur tir "i.icrrs
OF the Government. The evidence ,hus far a.i:urcG
aguiust him hus been wholly docGme,tuy, a,.d thut
OF u very weak and inconclnsirr ciusactrr. |.
The Court adjourned until this unrnirg 8:
O'clock.
ARRIVAL o. PAHoLED PRiSoSpEs OF WAX
FRou WAsHlNuToS.-There rcuShoi this CITY IN FRI
dny evening, direct from Washington cil F~u,tr.s-
Monroe anal Norfolk, j Party c: shirty.>cvcn Soath-
ern soldiers, who had been held rs prisoners Q; war
since .lufv last, and who were released on Tuesday
Dt lns; week, upon the usual parole. 10! to take up
arrls ugain.t the Cnitrl States n&Li! reira.e'i, or IT.
grlarly exchanged. The prisoners, who ~triorgel to
Virginia, Mist;ss!ppi aud .Aiaiutna Regiments, were
,JIufurrI by lIa enemy NJ tlitrrcItt times - mum nr !