, 1865-01-10
THE PO1.ICE INVESTIGATIONS.
Affldayltx by Omcer4 Webb and Ken
ucy.--mOttON to Discharge Ball.

The attorney Of Jamcs Webb and William Rust
msdo IN application to Judge Williams OF The
County Court yesterday to discharge hall, and for
order to vacate and Bet aside the order holding
them to hail, &C., in the cause entitled Geo, o.
Hathaway Is: 3amcs Webb and William Rust, IN
account Of which appeared in tho T1lDUxE of q
recent daic: Tho following is the substance Of
The motion Is based upon the fueiIiciency Of tho
original affidavit filed IN said case, ami pom the
atfdavits filed herewith: And said defendants
here show that sald original affidavit is defective
in this. to-wit:
list. That it does nor appeas from said affidavit
for what canse Of action the defendants wcre or
Of c sF e. Is
mcnt or for SANDER or libel. Sd. Nor whether the
supposed damages, alleged to have been supposed,
he plaintiff ~ or or or seme aeke
false statement alleged to have bccn 1nado by ono
Of tho defendants of and concerning the plaintiff.
4th- Because eaid 9tHdafik Etates and shows two
distinct and different canses Of action therein,
which actions are different in form md fact, and
The damages arising therenpon yo9ld be differ
was and Is the foundation Of plaintiffs aetion, and
on which defendants arc ordered to be held to
hail, states and sets opt no cause Ct action.
Gil. Nor that said atdavit 10 otherwise informal,
In support Of tho motion an a1ldarit signed BY
James Webb was read, showing that he first be.
December, 1sGf, through telegEaphic comnunt-
berry Of soldier On the train OF the Illinois Cen
from the train before arrival at tie depot bnt
was afterwards arcs ted by officers Reed and Stew
art, taken to the Central Police Station, after
charged tl,at BY order Of ths Superintendent, he
went with Hathaway to hotographEc gallery 10
tske bis picture for the hogue's. Gallery:
phnt he IA. a antermsd b thas chIef
acknowledged, In reply to bis inquiry. how many
times he had jumped a bounty, he replied that he
lad }ss hSat It 2a iols H.
way had jumped bounty or deserted, the same
being thicf's term to express that meaning;
We e f. s his
ton occurred In the presence Of Robert kcnncy:
that Hathaway remained tn Chicago. md atliant
Strong, BY whom he was directed to cause his ar.
On Washington street; lint on tie 5th Of January
Rust, and taken before Colonel Strong,
which was the arrcet complained Of By plaintiff;
That aflant had nothing to do with the arrest cx-
way. what Col. Strong told af1aut, and that he in
now1se or manner acted personally In making such
arrcet; that at''ant vas told by Col. Strong that
be @oad b ta
he WIS deserter, and that that was the reason
why he was not Imprisoned; tha: when Hathaway
a h BE- r. ,a nn aa5 e
upon bis friends In the city, who appeared and
made certain assurances, ID relation to tho pain
tiff; and that atlantis action in the premises was
dictated bY a Conscientious desire % do his duty
az policeman and in the honest belief that Hath
away was and is a common, notorious plckpocket
and bounty jumper.
Robert Kinney also fled his affidavit, In which
he coEroborated all the main allegations contained
In the affidavit OF james Webb.
10 the Court, confined himself mainly 10 the
points raised in the motion to discharge, ETC., and
Insisted that his clients should be relieved from
torious'y disrcputable, like The p'ain,lG: lie
nentel severely upon tho cxcrnons OF outside
parties TO secure the punishment Of these oi1-
GERS.
The attorney for the plaintiff Insisted that the
affidavit was sufficient lie repe1led with con.id
esa1e tpist @ ne , ., me opposing coen s
Tint m comparison with the characters Of tile de-
fcndnnte, his character was that OF white-robed
nncel.
The motion Will be further argued rad q dccis-
ioQ rendered this morning.