Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-07-28
T#s x.syrl Ha,ra. cosrr. cux-Four Of

Robert NJ avsl. William Marvel. McCuniv aud
S'srkev. were ex mined yesferslsy NJ the Uuited
5, ties Court room by Edwin Davis, Eco. U. :.
Commi>sioBr.
A the Marvel hlbeas corpus c,se has been
the theme OF several eiitO~iai. in the Journal,
more distinguished for malignity than for truth.
we have deemed Il duty 10 notice the points
IN these cases "a they came out in the Judicial
investigation
IL appears th,t Joshua Marvel. -ho was bu,
little over sixteen years of age AZ the time, en-
listed in the 7th regiment in September. l-6l
Without the consent Of his father. He ran away
from his hone in Hendricks county The father
first heard from him At Ekwater. Virgins.
In December following. be received letter.
stating that he was laying very III ~ Grsfton.
Virginia. where he had been left by his regiment
Nr Marvel went to Virginia. and was suffered
bring the bow home When he had somewhat
recovered he tonk him TO DR. Bobbs. The chief
medical officer here connected with he army.
who told him 10 take him home, IN = he would
not be. or wac not ft for service The boy hal
been permanently disabled from marrhing by
cut on the knee II does not appear that auy
steps were taken to get the boy discharged from
the army AZ that time
When Capt Braden. the District Provost Mr.
shall appointed his detectives hunted ND
young Marvel as deserter He was sent for
once or twice, but not found At home At
length Cat BrIden himself saw the elder Mr.
vel. who promised to bring the bow to town or Q
cert lin dav. The dsy appointed came round,
and Marvel. the boy and neighbor named vii
son came 20 town.
The elder Marvel sen, the boy with Wilson TO
Capt Braden's office. while he went with hi- at
torney. B X Elliott. ESQ TO the Supreme Court
"a GET out writ of habeas corpus for his release
from the army a minor
Capt. Braden was not in his Office when Wilson
! 49,.
turned between I and 2 o'clock when nc vas met
on the sidewalk by Mr.. Nelson the Sheriff of the
Supreme Court with writ comm inding him to
have the boy Marvel in Court at o'clock
Capt Biaden. although IL was the dIy liked
by himself for Marvel To bring the boy had not
yet seen him and replied that the bov was not
in his custody. He went into Col Bakers office
on the floor below his own. and made the return
that the boy not in his custody
IL appears that about the time he nude the re
turn. Wilson called his attention 10 the boy
Capt. Braden did not remember this distinctly.
but the testimony of Mr. Nelson and Mr. Wilson
was clear the point Braden then told his
deputy to take the writ with the return to the
Supreme Court. he had important business
and could not go there himself
The deputy Of apt Brlden testfes that when
he returned the writ Judge Perkins remarked
thu; the end Of the case so far ~ Captain
Braden was accrued. and took up his hat A. il
To leave the Court room He not instructed
o. do ANYTHING more than to deliver the writ. hut
did not know shat he might have done bad he
supposed the ca.e would be heard
The case was heard. the boy released by the
Court and Capt Braden received notice OF il
| through the 0ostoffce next morning.
Cap, Brtden acting on the presumption that
his return to the writ would invalid tie any JUL
cal proceeding. had defer mined TO arrest tie bny
! lie sent e ,ptain Weir and Corporal Lindiey ~
make the arrest 1hev arrived at the house of
the elder Marvel about daylight They recon
noitered the premises and finally Lndley went
into the house. He Mrs M,rvel and her
daughter who told him that Dir Marvel was out
after the cows lie saw the contents of all the
rooms hut one which was closed
! Mr Marvel. IN the meantime. came up. and
seeing Capt Weir in the yard askcI his business
| Weir told him. when Marvel ordered him off.
telling him that he should not take The boy. and
he would not be responsible for the consequences
| II he attempted IL M M,rvcl told h4 wife 10
go over 10 Mr. Wilson, mud tell Mr. Wilson aud
his son To- come over. a. Wilson WIS present
when the boy got his discharge from the court
| II does not appear that Mirvcl offered any VIC.
| lence. but merely warned the officers not tn per
sist IN their attempt "a make the arrest
While this controversy was going on. young
Marvel. who slept in room with three or four
men who had been thrcshing wheat ou the premi
sea. and Who were also aroused. slipped out OF
back window and m idc hi. escape These are
the men charged. with the elder Marvel with the
conspiracy. They knew nothing of what wis
| going on until they came out OF the roam. The
door was not locked or bolted. hut mcrcl, shut
with latch. aud no resistance was offered even
there-al the door OF their bel room
Wilson and his son came over. md young vii
-on hid pistol IN his belt. which the Capt ,in
took from him When asked why he carried il
/ IA
use there. az he did not know them ~ bc Aho
litionists. II appeared afterwards on tesimop,
that he mad received letters threatening nsst-.i.
nation aud carried the weapon 10 he prepared.
This was in brief the test, nony for the Govern.
ment The defense showed clearly that There
was no resistance that the meu at the house were
there for Legitimate business and had 10 ale, OF
throwing any obstruction in the way ot the exc
cuton 81 any law
Col Jones IN his opening speech took the
| ground that the State Courts bal no jurisdiction
| of the ease OF a deserter sven u minor. AMI con.
tended that the proceedings before Judge Perkins
were void. THE was his main point. and he
supported IL by quotations from the opinion OF
Chief Ju'tics Tame, ia the celebrated Booth case
| of Wisconsin
Mr.. Elliott and Mr. X l. Waipoe me, the po
sitions assumed by Col Jones. very ably. aud
fenced in their all round 10y authorities IL
in contemplation of law IN nor wasuot soldier
without the consent OF his pirent or uNdan. he
could not be de-erter But in this particular
case the return on The writ by Capt. Braden
waived all controversy ~ To the lnr siiciion oi
the Cnut. IL WIS an Acknowledgement OF II
Instead Of filing plea OF want Of jurisdiction
and asking rehesring. the Provost Marshal set
aside the decree OF the highest Curt IN our
Safe The quotations from Ju lie fancy IN
the Booth case they cuntenaei were not in ppint.
as that WIS founded on nm appe II from the der
sion of United States Commissioners - Federal
Court. in fact. ~ Safe Court In this ,se, the
proceedings were instituted before the Supreme
Court of the State. and there Ie~t.
The gentlemen both spoke ably. learueily and
eloquently. and We regret We can not repor, them
at greater length
Judge Davis discharged McCuriy. Starkey and
VIM Marvel and held the decision in regard TO
Robert Marvel under advisement
sEAi called meeting held at Smpson's
i "A Ill H..