The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1863-02-06


and Of Carl Shieis and Carl Wehlts, both
of :hs Ninth Ward in this city, attracted
considerable attention before Court Com
missioner Mitchell yesterday. The first
OF these parties has never taken out his
papers of citizenship the last two have
taken out the frs. papers but not the sec
ond. They were drafted, aud are now
held As drafted soldiers in the 34.h regi-
men., stationed at Camp WasLburns.
They claim to he sub ects of Prussia. Mr.
Frazer and Mr. Rosenthal (Prussian Con
sui, appeared fol Col. Auneks, and Mr..
Cotzhaussn for the petitioners. These ca
ses were first brought before the Commits
sioner Oh the 2Ssh, when the attorneys o;
Col Anneke desired the Court to adjourn
the cases for some weeks, in compliance
with the wishes Of Governor Solomon,
made known through telegrsphic dispatch
es received from tine TO time, during the
proceedings. Commissioner Mitchell
would consent to postpone only till Thur
dsv, the och, a, 10 o'clock A. NJ. stating
at the same time that if he consented to
he po.iponemens, tina: ne would not be
Influenced in the slightest degree by .sie-
graphic dispatches from tie War Depart;
nept or the Governor of the State. lie
did no, hold his commission from either OF
these departments, and was not accounts
be 10 either Of these authorities for his Of
fetal conduct. lie held his Office By vir-
tue Of the constitution and laws of the
state Of Wisconsin, and had received his
commission from the hands Of the Honor
able Arthur McArtkur, Judge OF the Cir
cult Court. But even if he did hold his
Office BY virtue Of any other appointment,
hs would perform the duties Of it un.ram-
meled by any ou,side Influence, TO the best
Of HI. ability, guided only by the dictates
Of law ana his own conscience.
Yesterday, the time to which procos:-
irgs were postponed having arrived, Mr..
Co.zhausen End s5r, Fraser APPEARED be-
fore the court. At Mr. Fraser's request
The court wa, adjourned ill 2 o'clock p.
NJ. in order to give Colonel Anneke, who
had the petitioners in his custody, to APP
pear. Two o'clock came, but Colonel A
neke had not arrived. A further adjourn
meas at the request Of Mr. r a:er, till
three o'clock p m. was granted, but the
colonel did no: appear, When the counsel
for the petitioners called the attention Of
The court to the fact, that outstanding
the repeated adjournment Coleasl Aruske
had not shown himself, and he desired the
court to proceed with the cases AS
matter OF further accom- mediation the case
vas continued till four o'clock .. m, BE-
which trre Colonel Anneke had not ap-
peared, but sent as 2 substitute captain
of the regiment, accom- panied BY quart,
who had in their charge the petitioners
for WHOM the writs had been Issued.
Mr.. Co;zhausen now wished 10 proceed
with the matter, "hen the attorney fer the
military authorities wanted to have the
ease postponed week or two longer, al
lecing that the colonel 10 whose charge
the men were had not had tine as yet to
show by his return by what right be held
the persons in question, and also that he
himself was so busy that he could not pos
sibv find time within week to attend to
the matter.
Mr Co'zhsusen insisted that this was
matter of vital Importance to the men res.
trained of their libsrty; that time had
been given in these and similar cases, and
still 70 attention had been paid to the
wishes OF the court By the military author
tiles that the Uuniiei States District
Attorney had neglected the matter himself
and he could not now sec ey what right
farther adjournment could be insisted up
on. Nevertheless he would agree to grant
a still father delay Of a few days.
The court then appointed Monday next
at 2 o'clock p M, for final hearing in
the cases Of Carl Shiels and Carl Web
Its, and till Wednesday at the same heur
for final bearing in the case of Paul
Weyer
Mr.. Coszhausen then rose to make
motion to:hs court that the bodies Of said
petitioners be committed to tie custody Of
the Sheriff Of Mlcauhce county, or some
other safe person, in accordance with the
provisions Of the statute in such case made
and provided. Thus reads the statute:
Until judgement be given upon the re-
turn, tie officer before whom such party
shall be brought may either commi, such
party to the custody Of the Sheriff Of the
counsy-in which such officer shall be, or
place him in such care, or under such
custody, as age and other circumstances
may require.
Notwithstanding this plain statute pros
vision attorney for the military argued
that the men should be left i'll the custody
Of the colonel Of tie regiment that he
was most interested in having them KEEP.
safely and would produce them at the re,
ouired time.
Mr. Co,zhausen insisted on the appli
cation of the statute for the benefit Of his
petitioners, saying that be had it upon
coed authority, and could substantiate the
truth Of his assertion by the affidavit of
respectable men, that officers of the regi-
mcnt had said that the regiment was only
scaitiag orders from the Goyern5r 1repara
tory TO leaning and that they cid not ex>
pect TO remain more than n few DAYS; in
fact that they might leave any moment. In
the event of the regiment leavn Mr.
Cotzhausen insisted that the ends of justice
would be foiled.