Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1862-09-03

| ~AfD wiz Vi HuUc0b CUTpuS
[coPY.l
TO The Hon. John Cad,oaladty. Judos Of tbs
district Court Of the United States for fhe
Eastern Diitrict Of Penns yluania.
The petition of Charles Iogersoll respectfully
represents, that he is q loyal citizen of the
United States, resident In said district; that he
10 Illegally restrained Of his liberty, and is up.
Justly held and detained In custody, without
warrant and legal cause, by William Millward.
ESQ marshal Of the United States for The
said district, under and by order of pretended
authority Of the United States, or of the Sec
retary OF War OF the United States
Your petitioner therefore prays your honor
grant Wiit OF haoeas corpus, to be directed
20 tne SAID William Millward, to his principal
gnSPuty or omcers having charge Of him, viz:
mos. b. fatterson and W. Schuyler, command.
ing MIN 70 oring your petitioner before your
nonor, TO DO, submit to and receive what the
law may require. And he will ever pray, eto,
G. INGERsoLL.
PHILADELPHIA, August 27, 1862.
IeoFYl
Ez parte Charles IagtysOlL. Petition for urit o,
kabeas eopus. Affidavit of Edsoard Inoeysoll.
filed AuguH27, 1862
United States Of America, Eastern District NJ
PtnnsyluaRta, ss: Edward Ingersoll being duly
sworn, says that he is well acquainted with
Charles lngersoll, the petitioner for the writ Of
habcas corpus asked for this day of the Judge
of the District Court of the United States tor
the Eastern District Of Pennsylvania, being the
brother OF said petitioner; that this deponent
saw the said petitioner between the hours of 1
and 2 O'Clock on the 9th day of August, 1862.
In the custody Of William Millward, the mar
shal OF the United States for this district, and
that the deponent heard said Marshal say he
would send the said petitioner, Charles Inger.
soil, to Washington tonight at ii O'Clock, and
IN the meantime hold him In close custody -
Deponent further says that since O'Clock P. NJ.
OF this 9th day of August, 1862, the said
Charles lngersoll has been held In close custody.
10 the basement OF the building In which the
District Judge is now sitting.
Sworn and subscribed this 9th day of An.
gust, 1862, the word stake" on the twelfth line
from the bottom of the frst page, being first
struck out, ana the word "send" inserted in Its
place. CIR. FOX.
Clerk District Court y. S.
The Judge remarked that he would award the
writ forth With, but that as the distrio. attorney
was present, he would probably FIX o time at
which the writ would be made returnable, Mr..
SohSy hSPhSN ehos hO 0iu uOb Wldu VI F6hO Lle
petition, or have anything to do with the mat.
ter. The Judge observed that the marshal
would not dlsobey the writ, and asked that he
might be sent for. Mr.. MillWard being absent,
Mr.. Patterson, one of bis deputies, appeared In
his stead, and, after reading the petition, asked
for time to take advice.
1t being suggested that the petitioner might
be removed before the hearing, Mr.. Coffey re.
piled that there was no evidence OF his being 10
the custody of the marshal ct all; to which
Mr.. Wharton answered that he was then locked
up In the marshaPs Office, below Stare, and an
affidavit to that fact Was presented by Mr.. Bid.
die to the Judge, who, after reading it, handed
1t to Mr.. Coffey. The latter at first declined to
read 1t, and observed that he did not wish to be
spoken to on the subject, but afterWard con.
sented to read Il. ~
Nearly an hour having by this time elapsed,
and no return to the writ being made, Mr..
Schuyler, the deputy in whose immediate GUS
tody Mr.. lngersoll was said to be, Was sent for.
He united with Mr.. Patterson In asking till to.
day to make his return, while Mr.. Coffey said
that he could not advise the deputies 10 produce
the body at that time. The petitioner was helt
under orders Of the Government. The Judg,
then cautioned the deputies that they were II
that matter not to be bound by any subsequen
orders of the marshal, as, under the circum
stances, and in their present relations to tht
court, they were both principals, 90 far as b,
was concerned, and had no superiors, neithe
could they transfer the bo6y 10 any other 90 al
to preclude his being there aG the time of tn
return. If, therefore, they ask for q reason
able time in which to make their return, |. wa
a matter Of law as well as of honor that the,
should produce the petitioner at the time fixed
and no time would be granted except on the
pledge that there would be no removal of the
body. ri
| Upon Mr.. Cofey's intimation that he did no
wish to be understood as acquiescing in an
pledge to produce the body, Mr.. Biddle SAID
that that confirmed their impression that ther,
was no guarantee that the petitioner would b,
produced at the hearing, and Mr. Mccall sskel
that the marshal should forthwith make his re
turn; but the Judge replied that the deputie
explicitly understood that nothing would justifl
the removal Of the petitioner, and that thei
failure to produce him would be an aggravatet
contempt Of the Court. Both of the deputie
recognized the legal obligation and the obliga
tion of honor not to surrender the body TO eny
one, nor to remove him out of the District
They had both sssented to this, and 1t was moi
to be presumed that they would disobey th,
writ. He therefore granted the marshals thu
time they asked, and the Court took recess
till this morning at eleven O'Clock, when tn,
case will be resumed. -., Isl
The CASE OF CHARLEs INGERsoLL The cast
Of Charles Ingersoll, arrested on the strength
Of an affidavit of Edward Willard, charging
him with .uttering reasonable language at
meeting held in Independence Square, on Sat
urdsy evening last, has been transferred from
the authority of the Provost Marshal, who mad,
| L. A. Al.k r A L. T.sk - n. d.
shal, VIM. Millward. Mr.. Ingersoll was tax
yesterday morning, by Gen. Montgomery, th
was to have been conveyed to Washington las
night by Deputy Marshal Schuyler. A ne,
charge against Mr.. Ingersoll has been made
consisting Of an affidavit Of Mr.. Joseph
Gilbert, comprising the whole speech said to b
delivered by Mr.. Ingersoll onthe occasion abov
stated. The following Is copy Of the afida
Wit by virtue Of which the prisoner Ia retaine
by Marshal Millward:
| State Of Pennsyluania, City Of Philadelpkia, IS
Joseph ]. Gilbert being duly sworn according I
law, deposes and says he is newspaper report
or; was present at the meeting held In, Indeper
dence Square In this city on Saturday evening
August 90, 1862; saw Charles Ingersoll there
heard him make speech there; deponent 10
phonogrsphic reporter; made full and com
plete report Of said speech; deponent heard th
said Charles Ingersoll make the remark at thi
meeting "thst the whole object of the va
hitherto, was to free the nigger;" also, "ths
o more corrupt Government than that whic
now governs us never was inthe United State
and has been seldom seen In any European pa
Of the world; II is necessary to 90 to she old,
regions Of Asia to hnd as much corruption I