Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-01-06
False Imprisonment in New York-Suit Against

False imprisonment in New Iork-Suit Against
Secretary S;anton-DamaGes Laid ut 100000.
The following case may determine upon some col
lateral or technical issue but if it should not, the
questions involved will affect highly intelligent
and numerous class of our fellow citizens The de.
cison of the court of last resort will be looked for
ward to with extraordinary interest;
From the New York Express
SUPREME CoURT-CH AMBERs.-B Before Judge Suth.
erland.-January 3.-Joseph II. Maddox against
Edwin II. Stanton. This was a somewhat mpor-
tant suit rs affecting the legal status and mmuni.
ties of the Secretary OF War; The plaintiff alleges
that during the year 1864 hc obtained permission
from President Lincoln to purchase tobacco from
certain mere hantS in Richmond, Va. Armed with
the necessary permits from the Secretary of the
Treasury, the plaintiff proceeded to Richmond, pur'
chased, and paid for a large quantity of tobacco.
Upon the tobacco arriving near Fredericksburg,
plaintiff alleges, defendant caused it to be seized
"a large quantity was destroyed, and the balance
used up by the army. The plaintiff himself under
the name of James Brown, of Baltimore, was arrested
and thrown into the Old Capitol Prison without any
of his friends knowing of his whereabouts He lin
gered in jail till the entry of President johnson into
office, by whom he was released Secretary Stan
ton came into this city few months ago and
plaintiff succeeded in having process served on him..
The suit sets forth the above facts, and claims dam
ages for false imprisonment to the amount of
100000.
The defendant answers, and in the first place,
claims immunity by virtue Of the indemnity act of
Congress. lie then sets forth a Justification that
plaintiff had been guilty of violation of the arti-
cles of war in trading with the enemy. lie then
claims that the arrest was not made by his order,
but was done by Il provost marshal He also sets
out that plaintiff is still on parole in the of
$1,000 to await trial on such charge
The case now comes up on motion byplaintiff to
strike out the whole answer or certain portions OF it,
rs redundant and irrelevant, or to compel the de-
PENDANT to make it more definite and certain.
The defendant insists that the answer setting up
in detail material allegations of defence could not
be stricken out as redundant. He also claims that
the allegations are distinctly and sufficiently set
forth so as to make plaintiff acquainted thoroughly
with the nature of the defence.
Decision reserved.
Ex-Judgc Cowes for plaintiff; Ex-Judge Pierre
pont for defendant.
The Reception of Edwin Booth in New York.
Edwin Booth, the talented Young American ira.
gedan, re.appeared on the boards at the Winter
Garden, New York, ON Wednesday evening, and
seems to have met with a most enthusiastic Ieccp-
ton by an immense audience. Nearly every paper
in New FORK agrees in stating that it was one of the
most brilliant receptions ever accorded to an actor
in that city. The Sun, in its account, says:
1t was supposed by some that Mr.. Booths recep-
ton would be married by an attempt to hiss him from
the stage but those who knew better did not refrain
from bringing wives and sisters to greet this young
tragcdanS first appearance after the Washington
tragedy In the audience our reporter noticed many
of our most respectable citizens, belonging to all pO
litcal parties who united in welcoming again to the
stage talented young actor. Among the most dis.
tmguished gentlemen present We're observed the
Hon George bancroft, George W. Curtis, Esq,
Colonel Shaw, of the first negro regiment mustered
into the United States service Bayard Taylor Robert
D. Holmes Grand Master of +. and 4. MasonS of the
State of New York, DR.. Charles d. Brown, embamcr
of President LincOns remains &c. When the
curtain rose, there was general burst of applause,
and then expectation was on the tiptoe until Mr..
Booth appeared.
Never in the history of the histrOnic profession
was such reception given to any actor as he re-
ceived. The audience rose mGSSc, while cheer
upon cheer reverbcrated long and loud the ladies
rose and waved their handkerchics, gentlemen
waved their hats and boquets and wreaths fell
around Edwin Booth in showers. lie appeared CT-
trcmely nervous, but this natiering reception gave
him confidence, and he Performed the character of
Hamlet Wth'a FIFE and spirit which exhibited his
talents as 4 tragedan. At the end of the first act,
lie was called before the curtain, and the cheering
and plaudts, and hOquets Were renewed aud the
same occurred III tho end Of every act At the close of
the fifth act Mr. Booth was twice called before the
curtain, and greeted with the same enthusiasm on
his first appearance. lie was urged to make speech,
but with exceeding mOdesty and good taste, only
bowed his Acknowledgements and retired
The Tribune says Mr.. Booth appeared beiOle one
of the most brilliant and distinguished audiences
ever assembled within the walls OF Il theatre in New
York city, and the ovation he received was such -
has never been accorded to any actor II America.