Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-03-19
Arrest Of Judge Constable.

We mentioned on Thursday that q
Judge of the Common Pleas Court Of
Clark County. Illinois. named Constable,
had compelled some parties arresting de-
serters. to give bail to answer the charge
of kidnapping The attention of General
Wright ofthis Military Department being
called to the matter. Coionsi Darlington
was oplered, to proceed with q Sufficient
force to Illinois. and arrest and bring to
this place the Judge and the Ideserters
The following from the Terrel Hante Ex-
press OF yesterday. gives some account Of
what was done by Col. Z. in pursuance Of
General Wrighl's orders. In addifun
we will state that Col. Darlington reached
this city yesterday afternoon. having Judge
Constable in custody. We learn that on
being arrested, he remarked that his arrest
was not unexpected. The express says:
Colonel Carrrington arrived in this
city on yesterday morning at two o'clock.
with force Of about two hundred Fsleral
troops. equipped for action. anil procse,l''d
without delay TO MARSHALL, illinois. where
Judge Constable was holding his court
The troops marched thirty five miles over
roads Of the toughest character, and re-
turned TO this city last night. This force
was taken to the place in order to obviate
any resistance that might be made to the
arrest Fortunately no trouble occurred.
The troops behaved like gentlemen, and
Colonel Darlington performed the delicate
task in manner which gave no oifrnse tn
the Judge or his friends. From this point
the Jndg. will be taken to Iadianapolis--
The deserters we're re arrested by Colonel
Darlington. and viii be sent to their .regi-
ments," es - .sf.a1. .tr vr'ff a4
Since writing the above we have learned
some further particulars of this affair. 1t
seems that two Sergeants of the l4th IN
diana were detailed to arrest four dcserters:
Jsmes Cannon and Hugh Scott of the
Tooth ILL.,. Milton Belser of the 3lst Ind.
faithfully performed their duty and were
preparing to return tho descrters to the
military commander at this place, when
they we're stopped by process issued by a
Justice of the Peace upon the affilayit of
the mother Of one Of the deserters charg.
ing the Sergcants with Kidnapping. The
Common Pleas Court being in session the
case was turned over to Judge Constable.
who DISCHARGED the desertcrs. claiming
that they were citizens Of Illinois and CO d
not be taken out of the State by military
authority AT tho same time the Ser
geants were required to give bail for their
appearance at 8 o'clock on Thursday to
answer the charge Of kidnapping On
that morning Jury was empanneled and
the Court adjourned for dinner. Col. Car
ringtun appeared about this time with 200
men of the 63d Indiana and arrested the
Judge. = .''' ''''i go 49,
Details were sent out who succeeded in
arresting all of the deserters, except Gam
mon. While one Of the soldiers "a, men,
Der of Capt Raschig's company was in
| The act Of raising board in the floor, the
entrance to otato hole. the mother of
tssmmon struck him on the head with an
axe. prosscing A fearful wound, l.r His
comrade rushed to n;s assistancs and while
caring for him Cannon mau.scd TO es'
cape from his hiding place and broks for
the woods. The two Sergeants and three
desertcrs, were brought back by Col. Car
rington,- Judge Constable was arrested,
not for his holding the two Sergeants for
kidnapping. but for his extra; Judicial act
in releasing the desertsrs, which is in vio-
lation OF the 24th section Of. the Conscript
act.. Il is probable that he viii be held
here until he can be tried by Judge Treat
of Tbs. United. States ,District Court for the
District Of Illinois. when be will bs taken
TO Springfield. ,i-as, fss,4s 50 ss.sss All
?, The wounded soldier. though severely
hurt. will probably recover ss,;si sdT
I BeIser. the acserlsr from the 31st. is the
same mar, who was charged with being in
strpmen,al in producing the death of Pro-
lessor Fletcher At sullivan, last Spring.
and from which charge lie WAS acquitted.
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