The New York herald., 1862-11-29
TEE CASE OF MRS. BRIEsIADE.
Cenelusfon OF the Examination Before
the Police Com mnsissioners.

tor yesterday superin Kennedy said he had jus
learned that Mr. Watson the Assistant Secretary Of War
was IN the city.
Commissioner Bowen had not heard Of il.
Judge Dean said he did not state 1t from personal
knowledge he had informed Mr. Kennedy of the fact
from information conveyed TO him by gentleman in
this city.
Mr. Hogan, one OF the leading detectives Of wash
ingtca, then oalledc Are you member Of the Ne
tropoitan Police force in the District OF Coum
bas A. am SIR. q. 10 you perform detective
duty thcres A. Yes sir. q do you know anything
about the transaction tclaig the sending ol Mrs
Rr.nsHsde from Nashi to the city OF New York
a Yes. Sir. q state ii you please what you know
thL, subject, A. the depot on the or
the 26th - September. g. Mhat depot you speak of
q The Baltimore aud ho Railroad depot: i was at the
washington terminus = What did voc sces A. saw
audee Lawrence the ie uy Provost Marshal OF the War
Department, ~ Company wh Ms Brnsmaae come into
the depot she vas then - his custody q What vas
done2 A. Judge ANre g. gave her into the custody OF
Mr Bowlos, and ihey'rfs the train z. 10 you reoo
isc' what day that a 40 not rccoiest the day.
bui know hit lie 25l u September. @ When
aid YOU last Judge Llwe eey A. saw him last In
Washington. ~ Wednesday. q. Is he yet connected
with TIC war lei imeDt a. Deputy Provost Marshall
III u Moore was The next witness. lie testified as
foiows.C 7re you connected with the Police Depart
incut of thls Cys A. Yes, sir. o. On what force? A.
on The detective ,orce u you also act clerk OF the
Twenty-nth recuct a, Yes SIR z. 40 yon know
anything ahoat the srsc ions given by officer Young
RoEles u cie 10 Of Mrs. Brinsnade prior
- her ares, a. | trc entity overheard their
sR'oAs IL the on ce N relation To the matter. q. What
did Young II 70 bowies IN your hearing A. ]
rec0eci every ID ug tdrt said sitting where did in
ne o1ice | caal. noI avoid hearing conversations.
good deal of whth | have forgotten; the
pnrpor of what he.rd was that RavIe; was
follow this lady, but not her. he also said
tnai he would have goa position III Washington. O.
That was after tn arfes il not? A. Yes, when
be spoke about the NoI Q Did YOU hear any
son gwen for lolewins us lady as you said? A. 10
she carried any des.1iuhs private papers Q. Was
iolowcds A. ! unders,ad il sos O. After the
yon heard Bowies that he was 10 have good thing
~ Washington; A Yes 4 he mentioned TIE salary,
which think wa SfO0 ger mi.th.
By Commissioner howen-tie was not to arrest her7
A. 50 understood 1t
By Commissioner Buwcn--Was this in reference 10 her
visit 70 Washington 4, Yes, SIR.
By Commissioner owen--Where was il that he ysRs
mol 10 arrest herr A. coid not say; ii was some two
or three months ago
John G, Temann called and examined. He
testified ~ foows:-Q Ale yon member Of tho Metro
potan Poiacy A, Yes. Sir. q Did you hear any
Thing or tha before the acs published in the
public newspapers A. WIS on duty the night Young
solt for Mr. Bowes and told him prepare himself TO
60 TO the Everett House that he watch very closely
woman no posed 10 be bearer OF rebel de-
spatches that she gnin, Washington and in case
that she should r "ashngton that he follow
ner there. a. What was said about arresling hero A.
j heart nothing about her arrest; the directions wero
that he was 70 wacl hcr N vcnints q. DO you
70 say that there " i nothing sap A. Nothing SIR bu,
70 look aster her dcsa,c!ics and papers.
Judge can then oat evidence he appointment ofSu
perntendent KENNEDY Provost Marshall dated Angus,
l. 1862 for his dIsicl which lie supposed meant the
Metropolitan Police Jt,ict. On the 1lth Of August,
1862, the dist let tcnaod and made include the
put in evidence is th "a october 1862 which
informed Mr.. Kennedy ha the duties Of his Office had
been transferred am ht he Inger Provost Mar
shal. From that time s,r. rnaedy as been ting
as Provost Marshal, bec the nnce made gene
raj one by the appni ntut of SIR Draper. Iie would
also state that MIR kcuucdy hnsrr desired his reno
val from the losltFn. The next document he
would would put IN ev4e &c woa'd be .Ae Presi-
dents proclamation spending the writ of habeas
corpus. did not kioW th.t hero any person who
knew anything abou; his niattor except Mr. Barlow He
(Judge DEAN Ia however seen Mr. Bradbury lawyer
OF this city, who htd gwen NIL nece ry information
Mr Kennedy, in colse uence q which Mrs Br.rsn,ade
Some discussion place the closing or ad
iournment Of the case There several witnesses
subposnaed, but wha had not arrived at the hour Of
closing.
Commissioner Bowcn said he would postpone The in
qury If IL desv ed.
Counsel on Dir helNerys side said il unnecessary
Judge lean then cmi'kcd that. rs he stated on the
opening q the case fea willing 70 leave the testimony
for the prosecution hc r. the public without Offering
word IN defence, 50 .ie character Of Mr. Kennedy
as man and pub eer was concerned. Dut this
was not a case whet' ny citizen being municipal
ofhcer, could b. sar I'D with dismissa! OF the
charge Mr. Kennel, 70 be vindicated, not merely
deicnded he hcsc,nrc proposed. Instead Of making
lengthy address II summing up the case to
Snt in a written tcnept, which he hoped the
ent journals; and j. ms deience appears there
Should be any per ~ widng e blame ndemn Mr..
1ennedy rs nm "Ref oticrn sc, he could only say
eat they would exhibit less discernment and pre-
adce than any conim 'hity known t. exist.
The following Il tie substance Of the cument put in
by Judge Dean, after me Submission 81 which the uves
tgstion was close
POINTS FOX THE DEFENCE.
L. The arrest oi Mrs. II n- made in the city
ot Washington. not vihu The jurisdiction Of Mr. Ken
nedy but within tn Jurisdiction Of Provost Marshal
Baker, OF the War le artmcat.
?. Prior t. IN arcsf Provost Marshal Baker knew
that Bowes snd Duelr "pipng' Mrs. Brinsmade
with her aud when she was arrested sue
taken 70 Baker ai q. him searched, her papers,
&c., seized and kent B.Sc held custody, decided
how 10 dispose OF I N .nd sent her as 4 prisoner 10
New York 20 Mr.. benle 81 in pursuance of that deci.
sion
hp "a mi ant H-r
Baker written ann nccnea' q The arrest and statement
o. Baker s decision.
sion as Provost Mars revoked but up that
be had been dieen s ersrs = obtain the necessary
authority 70 carry on the decision Baker, repre-
sented tie war Department
O. fhat after Mr. 'u.edv ceased % be Provost Mar
sha he had lost all aiFOl all prisoners of state
rested by The Untei sf4"s thu he earnestly sought the
release q Mrs Bfinaalc ana 70 that end asked aud
urged Narsnnl Fake gs a. q der for her dis harge,
ana that Marshal S1Aer iom So I" give himself, and
next promised 20 pruafc ~ m the secretary of War
6. That Marshal Boz xn.le .cw York. assumed 70
control the imprison "r release u Mrs Iirinsmade,
and never--whon ak ly Superintendent Kennedy ior
order FOR such rc = dtsavOwed the hay.
ing authority "a ~ na'ler. nor informed Mr. kennedy
that he (Iennedyj had made the arrest and could
charge without asking thc War lciar'm 'mcut.
l. That she waS arrested by o1sets pad by the War
Department and not by the Police department Of this dis
trici that she was scu 70 New York by order Of the
Baker, at the tmc q Lcr aud always afterwards
knew the arrest an6 imprisonment uniistinable: that
after she had been impraoned twenty days Marshal
Baker requested by Mr. kennedy 10 release
her, instead Of that hc went than three
miles 10 visit her (h pisoner promised her release
certain terms, LETT this city and returned TO Wash.
ngon, took measures for her DISCHARGE when n
qured OF two weeks later BIZ Provost Marshal General
Draper he denied any participation his part the ar
rest or Imprisonment
s. That the 80 of November Mrs Briusnadc was
discharged by orGer from the War Depar tment and
that she held discharged prisoner over
whom the oice Department had any cont authority
whatever.
ahnt Mrs Brinsniaa. during all the tine of her lie.
gal Imprisonment, prisoner held by order ot
son holding his appointment and Office from the War De
partmsnt and fron he Police Department and that
the Provost Marshal ~ the War infarnent knew all the
facts relating % y Is unlawful imprisonment
10. That the 81 of October tue powers OF Mr. Ken.
nedy Provost Mfsba revoked, aud that after
thar time he could not and did not such
These points beinx sGbmitied the trial was declared
closed the Commlssuners reserving their decision