The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1862-02-05


unusual occurrence On the 10th we were
met on the cars Of tho Mississippi and Mis-
sissippi Railroad BY the Deputy Sheriff Of
Scott County, who served upon me writ
OF ha5eas corpus, issued BY Judge Under
man Of the County Court, upon the applica-
ton Of James Grant, an attorney. Without
Immediately determining in my own mind
what course to pursue, proceeded to Dav-
export and delivered my prisoner o@he
jaiior Of the county for safe keeping until
again demanded After consulting with
these whose advice deemed it proper to
ask, resolved to disregard the writ, as has
been repeatedly done by other Marshals
having the custody Of military prisoners.
I demanded the prisoner Of the jailor, re-
ceived him, and went on my way. On the
1eth Of January delivered him to the COM
mandsnt Of Fort Lafayette. as his receipt
now in my possessia n attests. At no time
was any unnecessary hardship practiced
upon the prisoner. 7stsFt
The above statement has been rendered
necessary by rumor and newspaper articles
Of which the following is sample:
MORE OF THE HILL KIDNAPPING CASE
From one Of our citizens, who has been trav-
cling in Illinois, we gather few items con-
cerning the movements Of the scoundrel
Hoxie aud his kidnapped prisoner, Capt.
Hill. It appears that Hoxie was afraid Of
an attempt at rescue if he did pot put long
distance between himself and the place of
his theft, and therefore hired conveyance
and pushed on to Viola, in Mercer county.
Here our informant saw them, Saturday
morning. Hill was in chains, and was com
PEELED to lie down on the floor with guard
over him. Our informant inquired into the
nature Of the offence, and was told that Hill
was runaway military prisoner, who had
been captured in house Of i'll fame in Da-
venport. Subsequently, however, Mr.. Hill
gave our informant the paFaiculars Of the
arrest, and Hoxie's villainy. During the re-
cital, Hoxie threatened his prisoner with Sc
we're punishment ifhe did not shut his mouth.
Mr.. Hill sail that all he asked for was his
rights guaranteed to him under the Consti-
tuition Of the United States, fair and i'm
partial trial, but that now he was beyond
tho reach of his friends, be bad no hopes of
being heard until the government reached his
case, which may be in month and perhaps
not in year. Hoxie told onr informant
that he must keep close Mouth in Daven-
port regarding what he had seen and heard,
but the scamp mistook lis man when he
undertook to frighten our informant into 81
lence.
What surprises us is, that Mr.. Hill should
so tamely submit to the outrage Of being
carried off after having been released by
course of law from the custody Of the Mar
shall. Hoxie, in Hills presence, acknowl-
edged that he stole his prisoner from the
jail, 1t least 80 our informant says. Hill
would have been justified in letting daylight
into Hoxie, and then returning to stand his
trial, and he should have done just that very
thing. From what we can learn, the proper
tools for his release were offered him by
more than one individual during the morn
ing the party tarried in Viola.--[Dem. and
News. arr
These paragraphs contain bat q single
truth. ! ,ods in Viola on Saturday morning
Hill was not in chains, and never had been.
He was not compelled to lie down on the
floor. No one was told that Hill yas rum
away military priseRer who had been cap
tured in Davenport, but the bystanders
we're told that he had been indicted as
traitor, and that held him asa military
prisoner, under An order of the President to
deliver him to Fort Lafayette. l did not
threaten to infict severe punishment on
him, or in any other way restrain his state
ments. The charge that he had been clear.
ed Of crime by jury Of his countrymen. is
simply false. The only action that has ever
been taken in his case WAS by the Grand
Jury which indicted him. The Attorney
General saw proper to aolls that indictment
and discharge him from civil custody, for
reasons which were doubtless satisfactory
to him. The proper department issued the
order to take him into military custody, and
I execated the order. Gen. Banks refused
to obey writ Of habeas corpus issued by
Chief Justice Taney. and Gen. Dix not only
refused to obey writ issued in a similar
case, but issued an order for the arrest Of the
attorneys who sued it out. l held Hin a. a
military prisoner, pnd with such examples
did not feel disposed to stop and discuss
with every pettifogger between Des Moines
aud Port Lafayette the power Of the Com
mander-in- Chief and those acting under,his
orders to disregard the writ, when il is
sought to be interposed in revolutionary
times for the relief Of such prisoners. It
was my business to obey an order issued by
the proper Department ip the manner au-
thorized by approved precedents, and not to
discuss constitutional law and the powers
to be exercised BY the Government when
engaged in contest With domestic traitors,
the issue Of which involves the very exist
ence Of the Goyernpcpt. I arrested Hin
and took hip to Fort Lafayette, and have
nothing to regret in connection With the
transaction. II sim6ar ordeys shall. be di.
rected to me in the future, they yill,be IA
promptly executed. II secret sympa&hixers
with or open pavtisans Of traitors can draw
4 - A.