Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-11-24

Testimony for the Defense.

\
through pretty thoroughly In regard TO the
bred Scott decision. northern. southern and pa
tional politics generally, &c. The only practical
bearing Of what was elected rom witness could.
Of coure, only relate 70 the accused Nilligan,
the uitsess' personal political opinions being Of
NJ weight whatever IN the natter lie uniform
erly testified to the good character Of tn, defend.
ant, and his invariably expressed attachment to
the principles Of our government. and his love
i for the Union and his resolution To do all in his
power TO maintain IT, This il the substance Of
all that wss material in Mr. Winters testimony.
AFTERNOON
Mr. bind. OF Allen county. who intro.
duced in the morning, proceeded with bis test
mony vide range la regard 20 politics. and war
was also taken With this witness. lie was qucs
toned a. to his understanding OF the constitution
his views about slavery, the preservation Of the
| Union, aud 20 on. the Judge Advocate drawing
| him % large extent 10 his REORGANIZATION
/ With reference TO the defendant Milligan. his
testimony was concurrent With, and corFoborated
those who lad goao before bin. lie l. a man OF
private worth-a good citizen one Who would
maintain intact the constitution Of his country
and preserve forever the Union formed under H..
This il the material substance of what Mr. Bird
rendered
D. + Ibald swogn Live NJ Huntington /
vas a member of the Order of American knights
The object Of the order vas 10 advance Demo
cratic principles As We understood them. and in .
certain measure counteract an association called
Il H.
political. lt, however. died out in May last.
IL died out Va April OF May. / represented our
temple at indianapolis on the llth OF June.
I Mligan came TO indianapolis with witness. He
attended the meeting. A majority OF the Grand
| Council were in favor of nominating n man
for President, and IN favor of prosecuting the
war In my county movement was made in
favor OF a company who designed drawing arms
under the State INV TO protect ourselves from
soldiers who had returned. and from citizens
/ who had threatened printing press, DR.
ZumrO first suggested the idea
Capt. Samuel Place, Jr. of Camp Burnside.
V X. O., sworn | was in command of the squad
which arrested the defendant Mligan ar
rested him IN virtue of "a written order from the
military commandant Of this district-General
Hovey
Here Dir Cofiroth, counsel for defence, sub
mitted the paper which witness identified as the
one he acted under in evidence. The Judge
Advocate objected that any plea as proposed un =
der that paper TO the jurisdiction of this court,
Was certainly IA work of supererogation.
MIR. Coflrott replied, saying that the question
OF jurisdiction was one expressly reserved by
agreement to be argued finally. Ii was purposed
in this regard To show that the defendant was
a citizen not in the sefvce OF the land and naval
forces OF the United States and. therefore. ar
rested by the order Of n person having no au
thority over him. He Mr. Cohroth, therefore,
asked that the court adjourn until time could be
, had by counsel 20 produce authoritiee.
After further debate the Judge Advocate, in
order TO save time, withdrew his objection aud
the paper issued by Gen. Hovey, under which
Capt. Place acted under, was allowed 10 be sub
mitted in evidence.
A witness was then introduced who testified
that he knew that the defendant Mlgan, was
not in the land or naval service OF the United
States.
Moses Milligan, son Of defendant was intro
duced to- verify the presence OF his father during
the whole month of February. 1864 He was
neither at indianapolis New York during that
month He was NJ home in attendance upon
the courts of his county. He was not out of
Huntington long enough TO go any distance to
transact business His father had started to the
cars on the 10th OF February To 20 to Indian
apos, but returned home because the cars were
crowded, aud he was too unwell 10 undertake
| the trip.
The testimony of this witness being concluded,
| Mr. CofirOth rose 10 submit motion. He had
supposed that DR.. Yeakel citizen under
arrest by military authority, and confined in pris
on without charge. would have been brought
forward by the government Il witness. he
could conceive of no other purpose for his in
generation. Since the government had rested
, its without introducing DR.. Ycskel. he
would move that he be discharged from custody
tunty OF using him Not only a. representing
the defendants did he move this. but also by the
request of DR.. Yeakel, who was Suffering from
severe attack of hemOrrhage OF the lungs
The Judge Advocate replied. saying that in
( AL his practice, this was the coolest proposition
he lad ever heard There were nearly four hun
bred prisoners At the Soldiers Home, incarcer-
ated by the military as The learned counsel had
said, without charges having been preferred His
motion might just A. well as not include them
that they might be discharged to testify for the
accused There we're several thousand incar-
cerated out at Camp Morton, against whom no
charges were preferred before this military com
mission or any other tribunal, who might also
be released upon the me motion to come into
this court and testify. Certainly they would
make good witnesses for the defence, but the
government did not need their testimony. The
government would neither promise for il, or re-
ward it. Mir. Cofroths proposition struck him
as somewhat yonderiul-caried to the extreme
lengths indcaNed
Mr. Coiiroth replied This court. as he I'M
derstood il, had or claimed jurisdiction. com
meusurate with the boundaries Of the State.
Mr. Humphreys living in the south west. Mr.
Mhigan living in the north east Mr HOrsey
living about the centre. and DR. eake in the
north west, had all been arrested BY virtue OF
the authority under which this court acted This
court therefore, had the same power over It's
= prisoners that county court possessed IL could
or,ier any Que of them out. the discharge of
any ne for special and legally defined and
authorized mat
Col Charles ID. Murray, a member of the Nil
itary Board. rose aud said that ne regarded it a.
az insult to the court tha, proposition by an
attorney to release an individual accused of per
hap- a capital crime, on his, the prisoners, re
quest. Tor the purpose Of testfying OF fer any
I other reason He repeated, he regarded it as an
/ insult to this court, and should treat i, 20
! Mr. Cofsfoth Immediately dsclaimed any de
sign OF insulting any member OF the court. or
the court itself as body. he had, in making
his motion, simply been performing what he con
ceiYei 10 be a duty to those the responsibility of
whose defense MAS committed to bis hsHds
The Judge Advocate also said that he Ger
tainiy could see no design 10 insult the Court in