Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1865-02-08

partly filed up in the handwriting Of Cap
tain Nash, signed by him, and by the two
other members ofthe Board of Enrolment,
J. Kilpatriek and Il. G, Beardslsy, date d
May 26th, 1854.
THIRD.-We further present and find that
it was the practice in the Board of Enrol
ment, at the time said certificate of exemp-
ton bears date, for the Board to sign
printed certificates Of exemption in blank,
and in considerable quantities, as matter
of convenience, to be filed up by either
member of the Board, as occasion might
require.
FoURTH.-We further present and find
that the said folded paper, given by said
stranger to Scholls to hand TO Captain Nash,
purports on its face to be an affidavit sub
scribed and sworn to by said Thomas
Scholls, setting forth the fact that he is an
alien and subject of Baden, Germany, with
other matter required to be set forth by law
in such affidavits, and is written in hand
writing unknown to us, and on q piece of
letter paper with these words printed at
the caption: "Provost Marshal's Office,
18th District of Ohio, Clevelsnd-186 ;"
and bears the date May 26, 1864, and is the
only affidavit of the like character, with
said printed caption, which, on examina-
ton has been found in the Office of the
Board by J. kirkpatrick, o member OF the
Board.
FFTH.-We further present and find,
on the evidence produced before US, (which
we are fully satisfied is entirely reliable
and trustwOrthy,) that said affidavit, pur-
porting to have been made by said Thomas
Schools, as aforesaid, is false, forged and
fraudulent instrument imposed, on him by
| said stranger, whose name and identity
have not yet been ascertained by any in
4 Il
and that said Scholls was thus deceived
and imposed on by said stranger in combi-
nation with other persons, for the wicked
and illegal purpose of obtaining from him
the said snm of$I5O.
SIxTH.-We further present and find that
tn said Provost Marshal, Frederick A..
Nash, after said Scholls had testified before
us with other Witnesses in relation to this
1astterJ On the e1St doy Of january, 1865,
caused in the afternoon of said day, said
Thomas SchOlls to be arrested by his order,
and has him now in custody with view to
send him to the front as a deserter from
draft, as he alleges, unless otherwise order
ed by his superior officer, or other superior
authority, but has consented to retain him
temporarily in Cleveland, and yet we have
reason TO believe that the motive which hiss
induced his arrest is to prevent his being
used as witness in the further inyestiea-
tion of this matter.
We all concur in believing that Scholls
is an honest and credible person and that
he has been cruelty imposed upon and
wronged in this whole matter; and we
therefore recommend most earnestly that a
certified copy of this presentment of facts
be forwarded to the President or the Secre-
tary of war, with a request that the said
Thomas Scholls be ordered to be released
i hn do - r. N
Nash, as aforesaid. All of which is re-
| spectfully submitted this February 3D.,
1865, at Cleveland.
HARVEY RICE, (Foreman,)
Z. n. BoND, (Secretary,)
L. A. Pierce,
M. A. McIlrath,
Joseph Sergeant,
G. T. Taylor,
Charles Eagan,
Randall Crawford,
E. 7. stickney,
L. S. Hubbard,
J. Palmsr,
J. LOomis,
]. A. Harri
s. s. Holde
NJ. B. Scott,
(Gl Jurors)
1t is due to Captain Nash tnns we should
explain that he has never expressed or
had any intention of sending scholls to the
front, but that he has, on the contrary, de-
clared to the Grand Jury that scholls
should be kept in this city as long as he is
needed as witness. Scholls is now at the
Soldiers Rest, on Ontario street.
CAPTAIN NASH RELIEVED.
- -
duties of his Office until yesterday, when
he was relieved by order of Provost Mar
shal General Fry, and ordered to report
to Major General Joseph Hooker,
commanding this Department, at Cincin-
natl, for examination or court-martial.
Captain Nash left yesterday for
Akron, and goes to-day to Gin
cinnati, in pursuance of orders. He
expresses himself as pleased with the
order, which will give him an opportunity
to bring his defense speedily before the
public.
Colonel Nef, formerly of the s8th o. Y.
l., has been appointed Provost Marshal ad
Interim. c: until the reinstatement of
Captain Nash, or his final removal and the
appointment of a successor. Colonel NJ
is a stranger to most of our citizens and ~
the duties of the Office. He i' bowOver a
man of ability, energy an j military expert
ence, and will undOr Dto51v bo snccsssfnI.
The business and .D'euiy " suco0'oIui, i,i
rot ba intor-nr. ~ duties of the Office will
no' 70 In-efFu rT Ted in the least by the alb
'' - -ptain Nash.
THE CASES CONTINUED.
4ptain Nash's case came up in the
United States Court yesterday morning,
and was continued until the May term Of
Court, on motion of the defence. The facts
of the case will probably be ELECTED by
military proceedings under the authority
of General Hooker, before the civil court
acts upon it.
We are rejoiced that this matter is to re-
ceive thorough investigation. If Captain
Nash is guilty, the fact should be known
and he shonId be removed if he is inno-
cent, it is due both to him and to the pub
lie that he should be relieved from en-
barrassing suspicious. In either case il
would be exceedingly unfortunate that the
pending draft should be conducted under
the management of Provost Marshal