Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-03-14

military Arrest "a au IiIinoss Circuit
Juaee.
By order Of Major General wnronr military
eommandant Of this district acting under instr,,c-
tons from the Var Department. Col. CAKSIsc-
ros. commsndant Of this post. vas directed to
proceed 70 Marshall. illiusis, and arrest Judge
Cnsslss II CONSTABLE. Of the arh Illinois. Judi
cial Circais, for harboring and protesting de
serters I" The fact IN the case. az represented
20 a.. are these: -Four deserters. JAMES GAxxAs
and HcsH scorr. Of the l30th IIliaoi- MiLros
BEIsEn of tie 3lst Indiana. and JoHS TAsSEn,
OF the 3Dth Illinois. were arrested by tso Ser
gesn> Of the l4th Indiana. acting un::er the in
structions OF Capt LiSpsLEY Of that regiment.
who had been detailed upon that service. Com
plant vas fled before Justice Of the Peace
against the two Sergeants tor Kidnapping. and
the case was transferred to Judge CoxsrABLE's
Court He dismissed the deserters upon the
ground OF their having been illegally arrested,
snd held the sergeants TO bail upon the charge
Of Kidnapping
These facts were represented 10 the Federal
authorities and an order was Immediately issued
10 Gen WRIGHT for the arrest Of Judge CONSTABLE
for the discharge Of the deserters, not for the
judicial act under the laws of Illinois, OF holding
the sergeants bail for kidnapping. Upon the
receipt of the order Col. CAaRISGroS detached
about two hundred men to assist him in making
the arrest. he having been instructed TO take a
sufficient force TO successfully accomplish the
duty entrusted to him. He started IRON here by
special train Wednesday night. Marshall is
sixteen miles from Terre Haute The detach-
ment LEFT the latter place about o'clock Thurs
day morning for their destination. over a mud
road purity frozen As can be imagined. the
march wss tedious. but IL accomplished in
abo1t nine hours. Judge CONSTABLE was holding
CURT at the time the escort arrived. and he
arrested quietly by Col CARRISGroS in person
The soldiers were treated with every kindness by
the citizens of Marshall witnout distinction of
party, and the ladies furnished them with din
ner ADD we're cemplimented for their gentle
manly conduct by the people Of That place
generally Three Of the deserters were arrested
Two soldiers went to the residence Of the fourth,
but we're resisted by the mother of the deserter
Mr. GANxas, who had filed the complaint of
kidnapping. One of the soldiers raised trap
door which opened into the cellar where il
supposed the deSeTter concealed. when the
mother struck him upon the head with an AK in
hicting a severe but not dangerous fracture In
the melee the young man escaped and fed into
the woods adjoining. The other soldier when
asked why he did not prevent the assault upon
his eomrade, replied that he could not strike a
woman.
Judge CONSTABLE is represented to be an up
right Judge and a high toned gentleman. Wheih-
er hi. ruling was right wrong, and we speak
only upon iniormatiea rs to his character as a
citizen and judicial officer. we believe he acted
under conscientious conviction OF duty. He
psobably erred in discharging the deserters in
stead OF turning them to the Sheriff TO be
held until the proper officer could take them in
charge. or otherwise disposed OF according to
military law
The detachment returned to the city. with udge
CONSTABLE and the deserters in charge. yesterday
afternoon The ofIense of Judge CONSTABLE was
committed in Illinois. and the United States Dis
trict Court OF that State has jurisdiction of the
case. He will probably be returned to that State
for trial and in the meantime held to bail. giving
him the opportunity To hold court in the balance
of his circuit without detriment to the parties in
.terestei. This is the first arrest of the kind. and
thedetermination OF the issues in controversy, the
conflict of State aud National authority. will
doubtless excite deep interest in the public mind
Colonel CARRlSGroS discharged unpleasant
duty promptly and courteously. without giving
unnece-s ,ry offense. and we trust his example in
ths, respect will be followed by-all officers who
may be called upon TO discharge similar duty
We give somewhat detailed statement OF the
arrest. all sorts of ridiculous and exaggerated
rumors have been circulated in reference to the
affair
silly Charge.