Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1862-06-20

osity. Il was known that the officers Of
the Second Delaware regiment had beer
subp@naed as witnesses for Mr. Colds.
borough AT Grst it was coniecturel
that DIcPhail had come ever 10 arrest
the JuGge--then it was thought that Id
and his men might lie Only an escort to
the military officers, to project them
from violence. We believe that, from
&c tins Of their arrival 40 e the aryest
81 BE yfrdge the waot- Is 81 Ct
ed civilly by the community.
The Judge intended to leave town On
Saturday evening, but hearing It conjeo
tured that they came to arrest him, he
concluded to stay in town, in order that
the arrest might be made with as little
excitement as possible We should have
stated that preseutments were found at
last November Court against all four Of.
che above mentioned officers Of the Sc
cond Delaware regiment, for illegally
arresting and imprisoning our citizens.
Writs had been issued for them and re-
turned non est, and their cases had been
postponed to the next term. As sooa as
they arrived in town, however, the clerk,
without any orders from the States At
torney, reissued the writs, making them
returnable on the following Mon6ay
morning. They were Immediately placed
in the hands of the Sheriff and served.
Things remained in statu quo from
Monday until Tuesday noon, when It was
announced that the Government steamer
Balloon, was at Miles River wharf, with
troops on board McPhail returned to
town and Immediately proceeded to the
court room, whore civil case was being
tried before jury. A witness was on
the stand at the time the officers entered
to make the arrest 1t being Just at
dinner time, there were but very few
persons in or about the court room, ex-
cept the jury empaneled in the case, and
the witnesses, and the lawyers engaged
in it. Of course the military officers
were on hand to ASSIST Mepaail, had
there been any necessity for it.
TIE ARREST
About ] o'clock, z N tie court b.
ins in sassiaE, sad
gagged in civil suit between suffers, the
jury empaneled, aud a witness On the
stand, with aafew spectators present,
McPhail aud bis subordinates entered the
court room, and proceeded to the Judges
stand. lie was heard to say something
to the Judge, supposed to be a noidca-
cation Of his arrest The Judge asked
BY what authority do you do it 2"
MePhail replied, "By authority Of the
United States Government The Judge
demanded to see his authority, where
upon McPhail turned around and at
tempted to adjourn the court The
Judge told him he did not commence
the court, and he had no authority TO
odiourn il, and ordered him to take off
his bat, which he did instantly. In the
meantime Bishop had arrested /, G. w.
Powell Esq tho States Attorney, who
was engaged in the trial then pending
before the court. Upon The Judges or
deung McPhail TO take off bis hat, Bish-
op commenced to swear and grow b0is-
ferrous.
The Judge then called for the Sheriff,
TO preserve order ID court Mr.. WIN
IL Shepard, the crior, immediately pro-
cecdcd to the window and called loudly
for tho Sheriff, wheroupou he was as
saulted and chokcd by Bishop, and told
to cease calling Tor the Sheriff. Shepard.
Of course, was siencad la The mean
time Bishop asked McPhail elf be
would have The Judge taken OF bis
scat - McPhail answering IN the alr.
native, Bishop seized the Judge, and be
and McPhaH and the two others, who
rushed in through the window behind
the Judge, commenced 20 choke him and
beat him over the head with reviewers.
He vas dragged from his seat and beat
and kicked ia various parts Of bis body
in a most brutal manner lie defended
himself as best he could with bis naked
hands against their assaults, but what
resistance could an unarmcd man offer
to five armed men who seemed bent on
taking his life? lie instincliyely put up
bis hands to protect bis head, and that
was about all the resistance he offered,
or he could offer, under the circum-
stances.
The statement that has been made,
that the violence Of the officers was pro-
voked by the Judges kicking the Mar
shall, is false. II was impossible for him
To have kicked had he felt disposed, for
he was seated in his chair, with his feet
under his desk, and there was no room
between the desk and the window, for
him to place himself in a kicking pos
ture. There is barely room enough for
the chair, with the Judges feet under
the desk. We are thus particular on
this point, as il is the only excuse that
has been given for the violence.
The conduct Of the Marshal and his
Deputies was atroeious in the extreme.
A part Of them kept up q continual firing
Of pistol caps during the scene, in order
to alarm the bystanders. Those that got
up or came near the scene Of conflict,