The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1861-11-11
kUGAA. mAT'Tnaas !.

sHS ess'eo" StAtes NAVY, WV w" pas VA
war, that person appeared in Court on Satnr-
day morning last, accompanied by his counsel,
r. =. Howison, Esq The following 10 a copy
OF the response 70 the writ:
u d~orge -. Peasants. sheriff and Jaiier of
denrico county, In response TO the writ OF
kabeas corpus awarded to Edward Il. Boutwell,,
By the Circuit Court for the city OF Rich
mond, produces the body OF the said Edward
b. boutwell,, and says; hat the said Ed
ward b. Boutwell, WAS confined in The Ill Of
the county OF Henrico at the instance and Re-
quest OF tien. John H Wiuder, OF the q. s.
Army, and that he is not advised OF the
grounds or reasons for his CO. nnement. As
The JAIL has been recently used by the Con-
federate Government for the confinement Of
prisoners of war, and also of persons charged
with treason, he presumes that the said Bout
well 10 detained ia custody either as pris-
oner Of war or an person charged with
treason but OF the facts OF his case this re-
spondent IL not advised
District Attorney Aylett, who appeared In
behalf Of the Government, said that Mr. Bout
well was arrested and detained as u prisoner
Of war, while in the very net of returning to
the eDemy's country; that he had visited tir
ginia while holding commission in the United
States Navy, laviax taken the oath of allie
giance required Ut ali in similar positions and
while here had been actively engaged III scru
tinlzing our military aud naval eonaition- He
MIR. a had only learned Of the issue of this
VIII On the previous afternoon, and had not
had time To procure the requisite evidence IL
the case. He therefore moved continuance,
in oFder that he might be enabled to obtain
the evidence necessary.
MIR. Howisvii SAID tuat the person under ar
rest was native of Yorktown. Va, and d
nephew of Commodore Warrington. L. wae
true that be he'd commission In the United
States Navy, but the reai on tnat he did not re-
slkn immediately On the breaking out of hos
tlities was, that he happ-bed unfortunately to
% under rentence OF suspension, aud conse-
qu-ntiy would have labvred under great diff
oitles had he III once resigned and presented
himself for & position Ill the navy of Nirginia,
that OF tue Confederate States. He re-
ulained and sought 10 De restored as an act Vi
justice; but this was denied him by the Lin.
5oin Government, and he was subjected To IL.
suit and iudiguity. NT. uowisou then read
letter addressed the petitioner TO Presiien
Lincoln Oh the 3lst Of July, reslgning his CON.
mission i and the counsel also spoke Of ii Re
gister tnat had since been published in the
r.lcninond papers, showing thaE tuere wa. now
oat one suspended officer Ill TIE Federal navy
Since there We're previously but two-Bout
.vcu and To,ten-it followed that the
name Of the former must have been striek
Gil from the roll. With regard 10 hi.
proceedings in Virginia, Mr.. Hvwison Went
vn 10 Saw that he Went to Norfolk
authorized 10 collect some hlre for servants
owned by his aunt. ana that his visits to the
Navy drt had no other object than to com
.I'inlcaie with persons from whom the money
was oue. lie lett his wife in Washington,
and was Passing through Eenneesee Oh Iii,
return thitner wnen he was arrested, and hau
now been confined III al TWO months ana
Two weeks, all Ibis time III ignorance of the
cDarge against hin. Mr.. Howison was un
willing u believe That our government Wac
capaoio OF such despotlc ;rtlois as Character
lied the proceedings VI Inc Lincoln admiuls
tration; YETI he regretted 10 say, that though
The Secretary OF Tue Navy and tne President
nad been appealed to III behalf Of this CASE,
iioLtllng hau Yet beeu done. He was stlii KEEP.
In cIoec conilnement, ana uninfornled OF Tie
nature OF the accusation. Iae circumstances
Justified hli:i Iii protesting against further de
Jay bat II tie court though, proper 10 acceur
TO the motion OF Tie District Attorney, lie
ct least h. pea the PRISONER would be released
un ball ntdnN hliE
MIR. Ay lett replied that il the person ia Gus
toay Was Il PRISONER oI war, he was eutltieu
~ houe OF .iie rights cis.lmeu Tor MN. liz Was
latter RENAL kauie, II tilo case Was deserving
vi 90 much cVn>ioeration, that Two UopaIt
ineuts, " Llie alAiourly seeking the ala ui pa
.not!c men reslA ied from The Federal service,
should have Jailed 10 asprec's.t Iis nierits.-
IL appears, however, that II lie nau rendered
ais resignation, OF which no intImatiun Was
iStVANSN ~ 'hO rSpdi ehiN IL o, 0hu Va "HiSb
taere Was how no poeI i've evidence, he waited
anti after the decisive battle OF the 2ist July
He did not come and tender his sword To TIE
Government and there was no intinaation OF
such a patriotic purpose until he was arrested
rs "a spy, while on his way back to Washing
ton. The District Attorney hoped that ne
would be able to clear himself from all suspi
cion, but he asked for necessary ana proper
delay, in order that, if there was any evidence
III tie Departments or elsewhere, it might be
obtained
Judge Meredith said it was usual to give
parties time to procure such evidence as might
writ was only made to him on the previous
day, and the Government had not thus far an
opportunity to prepare testimony. If it could
be shown that the prisoner was held for a
crime known to the rules and articles of war,
the hobeas corpus could furnish no relief He
asked Mr. Howison why the case had not been
Submitted to Commissioner Lyons, who was
appointed By the Government to investigate
the circumstances attending the detention of
prisoners of warl
Mr.. Howison replied that an application was
made to the Commissioner, who declined TO
entertain it, because he did not hold his ap-
pointment under the Navy Department. That
Department had appointed no Commissioner
The Judge then, under the circumstances
ance. and fixed Thursday next as the time for
heRxjpg the petition.
TIE prisoner is man of good personal ap,
pearance, tail and well formed. with bair md
wbskers tinged with grey 1t is impossible
TO divest the mind of the idea OF veteran nav
igator, treadiug the quarter deck of good
ship, while contemplating the ex-commander,
even in his present situation.
County Courf-In the county court of
Henrico, on Friday last, Charles Bruce was
fined s. and costs for negIectiag to keep in
good repair road, of which he was surveyor
Albert A. Morris was tried upon similar
charge, but not convicted, it having been
shown that the state Of his health prevented
the proper performance Of bis trust. r.
T Hundley was fined $40 for permitting g.
slave to 90 at large. The case of Jos. Lepin.
sky, charged with stealing copper cylinder,
worm and siiil-head from A. j. Byrne, was
examined on Saturday. The prisoner having
proved that he purchased the copper in igno
rance of the fact that it was stolen property
was discharged from further prosecution
Gsorge 4. Brown, who stood bound 10 appear
aud answer an indictment for misde meanor,
failed TO respond when called and his reeog.
nizance was declared forfeited The Novem-
Dor term of the Court closed on Saturday
evening.
Larcenies--Three small boys, named Jsye
miah Dunnivant, Thomas Dobson, and Pat
rick kelliher, were arraigned before the
Mayor on Saturday IN charge of stealing
$il0 from Daniel Murphy. The boys did not
deny that TIE money, (which was taken from
a drawer ia Murphy's store,l was appropria
ted between them; but each seemed DESTROYS
of fixing the larger snare in the transaction
upon the other. Most of it they had invested
in dagnerreotype ikenrsses, por.e-monnaies,
apd leu eIrv hut sQIna of Iha nofea ucora st;l
in their possession. The Mayor sent the