Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-01

This compulsion 70 20 wnere she was NOT
obilged by law 10 20, or the hindering and pre-
70 20, Won are 20 understasd may have bees
effected either by actual force applied 20 the
person OF the witness, or BY words or
S osSen pspsOI s''n Of ord,psry reason and
nerve in fezr Of impending injury. II ron
shall be satisfied beyond a reasonable doubt,
PENDANT in this case, under preience mat ne
had, as officer, a lawful warrant from the
President OF the United States, or from soma
ficer OF the Recruitment clothed with proper
authority 20 grant such warrant. did 70 10 the
room of Mrs. Lucy l.. Cobb, and there gave her
the Government, authorized to make arrests,
and that he had in his hands good and sumo Gent
authority in law to take her TO his headqaar-
tiers, and TO believe that In accompanying him
thither she was acting in Obedience 20 the nan.
dates Of the law, when really he had no such
authority, then he has been guilty of false i'm
believe that under such pretended auf hortty he
compelled her by force or through fear % paw
him money which he was not entitled 10 take
from her, or did not rigntfuiiy belong 70 him.
ment and extorton, and you will fad him
guilty as indicted. Or, IL you are satisfied 10
the evidence that although she of her oyn8e
volition, without cornpulsion by phYo{t4l
force or fear Of personal injury, accomDAAko6
the defendant to his headquarters and teot6
there prevented her from leaving thoee eeea-
his hands as an officer OF the GovernuienG and
that he continued that imprisonment under
such pretended authority until he succeeded
in obtaining from her sum OF money which
was was not due him, then be would slso be
guilty OF false imprisonment and extortIon, as
charged in the first count of the indictment,
and You Will find him guilty as indicted.
If however, You are not satisfied beyond a
reasonable doubt that he arrested and re-
strained her of her liberty. under pretense that
he was a public officer armed with authority,
but that ne did arrest and restrain her OF her
liberty merely as an individual, without hav-
Ing made any such pretense OF lawful warrant
therefore, then he is guilty Of false imprison-
ment, but not Of extortion, although ne may
have obtained the money without being en-
titled TO it, since the taking Of the money in that
case would amount not TO extortion, but TO
trespass or robbery, according to the circum-
stances of claim of right and felonious inten-
ton, and in that event you would find him
gnllty under the second count Of false impris-
But. gentlemen, before You can properly con-
wet him at all in either form charged in the
Indictment you must be assured beyond a re-
sonable doubt, from the evidence in the cause
either that he presented himself 20 the prose-
cutting witness in the character of an officer
whose duty IL was TO arrest and imprison in
proper and lawful cases, and that in that char
acter be set mp 70 her in this particular case
the pretence that he was acting under lawful
authority, emanating from some public officer
having the rightto confer it. and thereby caused
her TO act under the well grounded belief that
in placing herself under his custody she was
acting in obedience TO the law; or il you do not
thus believe, then You must be satisfied beyond
reasonable doubt that without any pretext OF
legal authority, he used physical force 20 ar
rest and imprison her, or by words, gestures,
or both, placed her in such fear OF personal in
jury, as 10 constrain her to 60 where she dad
not wish TO 60, or refrain from going where
she had right to go.
But you are not TO take for granted, gen
uemen, that the defendant was such an
ON Ger, pretending TO be armed with such
authority as that have mentioned without
0rldQnn0 fha "a " hat M
for such officer, without any pre.ense on his
part, was ready to consider herself under ar
rest and imprisoned the moment he announced
himself 70 be General Baker, Of the War De-
partment. and that, therefor, inasmuch as she
supposed he had come 10 arrest and imprison
her, che m ust necessarily commit herself to his
custody and do his bidding, whether he pro-
fessed 10 hold lawful authority for that pur-
pose or not You must have satisfactory evil
dence before you that General Bakers actions
and conduct were such as to satisfy a reason.
able person, either that he had lawful and suf-
hcieot warrant TO arrest and imprison her, or
that he by violence or by Intimidation COM
PEELED her TO submission 10 do as he COM
manded
Perhaps il may simplify the law of the case
IL say to you that there are questions asked
of you, either one Of which, IL answered in the
Affirmative by You, will convict the defendant
of false imprisonment unless the arrest was
justified by lawful orders.
The first is:-Did he either at the Avenue
House or at his headquarters Intentionally give
MRS. Cobb to understand that as Gen. Baker,
of the Detective Bureau, il was his duty. in
obedience TO lawful order or warrant, TO arrest
or detain her in custody
Second. IL not, then did he, without any
color or pretence OF such authority, use per
sonal violence which restrained her liberty
Ihird III he did not use pretense OF lawful
authority or personal violence. then did he use
such language or gestures ought reasonably
% have induced her 10 believe that IL she did
yleia herself his prisoner such violence would
But if you are not fully satisfied beyond a
reasonable doubt that he used one or the other
Of the agencies which i enumerated, YOU
cannot convict him OF false imprisonment
Of acc initial.
what conflicting. 1t might be expected that it
would be. The prosecuting witness, Mrs
Cobb, the only witness produced by the gov
eminent TO prove the arrest, tells you that she
was unlawfuIly restrained Of her liberty both
at her room in the Avenue House and al Ia
ker's headquarters, and that Baker declared a.
her room that on his own authority merely be
arrested herself and husband.
MIR. Spear, Mr.. Jones, Mr.. Smith and Capt
Hine are equally positive in their testimony
that no arrest or imprisonmenttook place The
prosecuting witness acknowledges and 81 hibits
20 you great bitterness Of feeling against Gen
Baker, whilst the witnesses In his behalf are
persons In his employ They may on both
so influenced by their prejudices or feelings as
10 give an account Of the transaction which
may not be the true one.
ments If You can, with the theory OF guilt or
innocence, but IL you are left by them unable
to determine in your minds that he guilty
beyond reasonable doubt, you Will give hIm
the benefit Of that doubt.
You have doubtless wondered, gentlemen,
that case of misdemeanor like this, where
there was not over a few hours restraint OF
liberty IL any restraint at all, should for six or
seven days have drawn SO large a crowd OF
spectators, and why such an array OF counsel
should have been retained 10 assist the Dis
LrlCl ALLOTneY IN the prosecution of the
Ii may be because OF the jealousy with which
the American people are disposed 10 watch
any, even the slightest encroachment upon
personal liberty, or IL may be that the explana-
ton Is to be found in the remark Of the counsel
VINO hrst addressed you IN behalf Of the pros
ecution, when he told you that you were the
representatives Of the people, and that
as such You should set a precedent by
your verdict in this case TO be followed
by other similar eases hereafter. Let
me say to you, gentlemen, that are in the
jury box, only as the representatives Of that
stern, sublime, and holy attribute of the
Almighty-His eternal justice. You may as He
do taxt has s..1sa