The national Republican., 1861-07-30

iOSOiNihS giving bbhe
may be hurtful to US and useful to them, he not
only may be, but ought to br, arrested on the
instant that future mischief may be prevented
and this from the necessity imposed by the
circumstances. No other cases occur to me in
which the military power can be properly II
do not say lawfully, for any arrest, without oath
and warrant, is beyond the Constitution and
law interposed to arrest citizen but, if the
same necessity should arise under other cir.
cnmstances, the same right and dnty would de-
7olve upon the military.
But even in these cases, the persons arrest
ed and restrained of further mischief should be
turned over as soon as convenient to the civil
authorities for trial. In oil other cases, resort
should he had to the civil arm of the country,
for which, where the circumstances are not ur.
gent, there is abundant time and opportunity.
So far as the facts connected with the unfor-
tunate affair Of the night Of the 2sth Of April
last have been disclosed, see no urgency what
ever-nothing that required instant action, or,
perhaps, any action. am, therefore, of opin.
ion that the evidence offered is not admissible
as justification Of the charge in the indict-
ppent. The order, if given, was without au-
thority.
Is the testinoDy receivable as tending to
mitigate the homicide from murder to man.
protection in lao to the defendants, or as q
shield to cover them, but may it not be received
as matter Of fact for the consideration Of the
jury on the question of malice or no malice,
which is for their decision2 think it may
and must be admitted for this purpose only.
There remains the proposition to show
that the deceased was dangerous person,
and acting in concert with the enemy then
threatening the city, This branch of the offer
is fatally defective in its generality. To prove
a man dangerous, number Of persons may
say they think SO; but to permit the introduc.
ton of such evidence, would give the widest
and most unbridled license to prejudice and
bias. The offer to prove that the deceased was
acting in concert with the enemy is equally
wide Of legal precision. IF proof can be made
of specific acts Of hostility to his country and
its Government, in violation Of the allegiance
due to both, it can be made; but evidence of
the fact Of his being q secessonist, if he vas
so merely in opinion and not in act, and that
he uttered sentiments in his family, and to his
neighbors in their ordinary intercourse, Justly
offensive TO loyal men, cannot be heard"
a. Haight, sloorn.-Witness was at the ar.
mory on the night Of the homicide, and returned
home about nine o'clock. He saw Captain
Miller aud Murphy there, and heard Miller give
M oiuei !" aiieoe ooAc pditlto, Dut uoS5 UOt
know whom. He was there on business with
Captain Miller. Witness did not see Murphy
go out with the squad, but heard the order for
Murphy to take out the squad and arrest some
men. Murphy vas told to be very cautious,
and have good witnesses as to the man being a
secessionist. Captain Miller, in giving the or.
der, told Murphy to be very cautious, and get
the evidence good. Murphy replied that it was
good.
Lieutenant W. T. GGref, Sioo1n-M itness
was first lieutenant Of company c. and was at
the armory all night, but does not recollect the
order. He heard Murphy ask the captain If he
should take Boyd dead or alive, and he (the
witness) shook his head, and told him to use no
rash measures. The guard could have gone
ont without the order of the superior officer, as
the sergeants have the pass word.
Mr.. Join Mitchell, re.called.- The evidence
Of this witness was about to be taken as to his
procuring evidence against Boyd, but it was
ruled out on the ground of irrelevancyl
Mr.. Bradley offered an affidavit Of person
in relation to r conversation with Boyd during
the week previous to the homicide, but it was
ruled out. The counsel took exceptions to the
ruling Of the court
Mr.. Human, s1rorn.-Witness lived opposite
Boyd's. On the night of the homicide, heard
| admittance in the name Of the United States.
Not receiving any answer, they opened the
blind door first, md kicked or knocked out the
panel. When they retreated, one of them,
whose coat was on fire, stood fast and ordered
them back to FIRE volley. They went back
and fired and retreated again. One of them
then went back and shot towards the door with
pistol.
- Stemdrt, sTorn.-Witness belongs to
company C, and went to Boyd's with the rein.
forcement under Lieut.. Willett. He was
in yard adjoining the house, and saw man
in the second story loading gun.
George Il. Plant, s1rorn.--Witness knew
Boyd, who had been his foreman for some
three years. He was at bis house about five
days previous to his death.
At this stage Of the proceedings the Court
adjourned.
A FEMALE SMuGGLER.-From information
that has reached US during the last day or two
we have little doubt but that lady of this city
the wife of a prominent Office holder under the
last Administration, has been bnsly engaged
during the last week, in transporting letters
containing information in regard to our move
ments, to the enemy. 1t is said that sword
was sent, by young man on Saturday, the
29th inst, as present from the secessionists
of this city to General Beauregard. We for
bear to give names, or other particulars, unit
the matter is examined by the proper authorities
WHIrEHuRsr, Pennsylvania avenue, neal
Fonr-anda half street, is taking card de visit'
photographs in a superior manner. He has O
large corps of artists engaged in taking views
ofencampn Notifications, companies, and
groups. III his gallery may be found the like
nesses Of ali our prominent men, including the
Cabinet and our principal military officers
Quite number Of the slain at the Bull Rur
engagements had their likenesses taken at thi'
gallery, and copies of them can be had by thei
friends,
Dome witt ia with great pleasure tina