The national Republican., 1861-07-30

Capitol Building:' Sergeant T. ]. Bates, Rus.
sell county, Alabama; 7. T Buck, j. l.. Cofiey,
and John w. Davis, Autauga county, Ala;
T. j. Chambers, p. g. Alfred, W. Tohin, Henry
county, Alabama j. Fl. Howard, W. A. Price,
r. T. Pool, J. 0. Perkins, Russell county, Ala.
bama, Of the sixth Alabama regiment, and
taken at Fairfax station. Robert Paulding,
Uniontown, d. d. Fiqnet, Tuscaloosa, and ].
s. Walker, Pickensville, Of the fifth Alabama
regiment, taken at Springfield; Thomas Hurl
son, Uniontown, fourth Alabama regiment,
county, Virginia, and J. 7. Mays, Botetort
county, Radfords regiment, taken at Flint
Hill; f. NJ. Haycock, Fairfax county, same
regiment, taken at Vienna; A. c. Landstreet,
Fairfax county and George e. Thomas, Of
District Of Columbia, taken at Falls Church;
David Porter, Of District Of Columbia, and
same regiment, taken in Georgetown; 9,
s. Green, Richmond, Governors Guards,
taken at Burks station J. A. Reynolds, Slum.
town, Virginia, fifth Virginia regiment W. A.
Melburn and Claiborne Lang, of Loudoun
county, Virginia, first Virginia regiment; H.
G. Ferrill, Charleston, South Carolina, Hamp.
ton legion r. o. Lewis, Anderson, South
Carolina, and h. Bowman, Greenville, South
Carolina, fourth South Carolina regiment; J.
r. Paine, Floyd county, Georgia; Randolph
Gray, Bibb county, F. Ward, Harris county,s.
B. Bulkley, Bibb coanty, Georgia, eighth Geor.
Tishimingo, second Mississippi regiment; R.
NJ. Walker, Tippah county, Mississi pp, second
Mississippi regiment; Thomas Hays, New Or.
leans, Delta Rangers Lieutenant Danott, al.
leghany county, Virginia, twenty-seventh Vir.
ginia regiment; J. NJ. McFal, Anderson,
South Carolina, fourth South Carolina regiment
George Barker, W. c. Humphreys, F. A. Ham.
monds, Atlanta, Georgia j. L. G. Calvin,
Green county, Georgia; James Reshaw, s.
Garrett, L. Brick, L. h. Grunalng, Atlanta,
A. T. Holmes, s. W. Brush, Lewis Estmeal,
Savannah, Georgia, W. A. Barron, Rome, Geor-
gia, eighth Georgia regiment; R. Pinkney,
Pendleton South Carolina, fourth South Caro-.
lima regiment; F. F. Grayson, Leesburg Vir.
ginia, eighth Virginia regiment; and J. o Brian,
Savannah, Georgia, eighth Georgia regiment; !;
South Carolina, second South Carolina regi.
ment; taken at Centrevile. W. N. Ja7ins,
Columbia, South Carolina, same regiment, to-
ken at Fairfax Courthouse. W. M. T. Thomp.
son, Pontotoc, Mississippi, ]. H. Wingfeld,
Amherst county, Virginia, nineteenth Virginia
regiment, taken at Centreville. John E. Led.
better, Hanover county, Virginia, Radford's
regiment, taken at the Court House. A. J.
Smith, Russell county, Alabama, eighth Ala.
bama regiment, taken at Sangster's Cross.
Roads; and Michael Key, New Orleans, Lou
isians, first special battalion, deserter,
CRIMINAL CoURT-The Boyd Cdse-The
Court having met yesterday morning, Mr.. Brad.
ley, counsel for the prisoners indicted for the
murder Of Boyd, continued his argument in
support Of his proposition to introduce evidence
to show that the defendants we're executing a
lawful order in going to the house Of the de.
ceased to arrest him, and that the deceased was
at that time dangerous man in the community.
He observed at that time the military had been
called out by the Government to put down rebel.
lion and repel an invasion which actually existed,
although it had not been declared by Congress,
and under the circumstances, when informa,
ton was received by military officer that q
dangerous man was in his military district who
was aiding and abetting the enemy, it was law.
full for him to cause his arrest. In a state Of
war, the Government has the right to resort to
the usages of war to maintain itself When
satisfactory evidence was received that Boyd
was holding intercourse with the enemy, it was
lawful to arrest him. If the order was lawful
and they we're, in attempting to make the sr.
rest, fred upon by Boyd, they were justified in
returning the fire. Soldiers as they we're, en-
rolled in the service of the United States, and
being governed by the rules and articles of war
they were sent to make the arrest, and if they
disobeyed the orders, they were subject to the
penalty Of death.
Mr.. Darlington, Tor the prosecution, replied,
agreeing to the various propositions Of the
counsel, but demurring to the conclusions drawn
from them. Admitting that the country was
in state of war, he denied the right of a sub
ordinate military officer to issue an order to
arrest citizen. If such was the case, any
captain among the fifty thousand troops now
in the vicinity Of the city would have the right
to enter the private dwelling of a citizen, and
in the presence of his family and friends, ar
rest him, for the most trivial cause. The fact
that the President can call out the military and
commission the officers, does not give them
, power to make arrests. He strongly objected
, to evidence being received showing that the
deceased was dangerous man. 1t would be
? injustice to his memory to receive i. He de-
E MED that he was such man, and was prepared
to prove that'he was q loyal citizen. If the
order was given by the captain 10 arrest Boyd
f which he denied, it was not implied that in
: stead of efecting the arrest that they should
! murder the man.
= The Court then read the following decision
+ on receiving such evidence:
e "The defendants propose to prove that, or
= the night in question, the defendant, Murphy
!, being q sergeant in company c, duly enrolled
in the service of the United States, was order
t ed, by the captain of said company, to take
squad of men, proceed to the house of the de
!, ceased Boyd, arrest him, and bring him to th'
e quarters Of said company that the defendant
Murphy, thereupon, in execution Of the saic
e order, took the other defendants, members 0
l. the aforesaid company, as said guard, and, il
execution Of said order, proceeded to the dwell
ing of said deceased.
. "And further, to follow up said proof b
Il other proof, to show that the deceased was
e dangerous person, and acting in concert Wit
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