Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-01
LOCAL NEWS.
THE TRIAL OF GEN. BAKER.
The Pardon Brokerage Case.


THE COURTS INSTRUCTIONS re THE JURY.
Criminal Court, Judge Fisher.
This morning, the trial of the case OF L. G.
Baker, for false Imprisonment and extortion,
was resumed. and the arguments having been
concluded yesterday, Judge Fisher proceeded
THE CHARGE TO THE JURY.
Gentlemen:-The protection OF personal lib
erty is a matter over which the common law.
a part Of the heritage descended to us from our
mother country-from an early period in the
English history, has ever exercised the most
vigilant and Jealous care. The unlawful re-
straint OF that personal liberty has, in our sys-
TEN OF Jurisprudence for generations past, not,
only formed subject of civil suits, but has
been regarded as a criminal offence, and as
such indictable at common law. 1t is in this
criminal view of IL that you are now called
upon to act in this case before You. The
defendant, Lafayette &. Baker, stands in
dicted for the offence Of having un-
lawfully restrained the personal liberty of
Mrs. Lucy L. Cobb, the prosecuting witness, in
this District, on or about the SIN day of Moves
Der last, and so to have continued this restraint
of her liberty until he had extorted from her
the sum Of 500. This is the charge contained
In the first count Of the indictment and the sec
ond ana last count is but q repetition of the
fret with the extortion omitted. L. rs the ordi-
nary common Law form Of indictment for false
Imprisonment.
This offense Of false imprisonment may prop
erly be defined to be any Intentional aud un-
lawful restraint Of a persons liberty. 1t may
be the arrest and restraint Of person under
color Of law by means of an illegal or insufh
Gent warrant or process as where person ap-
Ger and pretending to act under authority of a
legal warrant, when he has really no such war
rant or authority; or IL may be by means Of q
legal process at an illegal time as upon Sun
day when a civil writ cannot be lawfully
executed, or as in the case Of the arrest Of a
member Of Congress on such a writ whilst
attending upon, going 10, or returning from his
congressional duties; or II may be altogether
without color Of law-that is to saw, without
any pretense on the part of the person making
1t that he is an executive officer, or that he is
this offense may be effected with physical force
or violence, or 1t may be done without touching
the imprisoned party's person, simply by men.
aeing words or gestures, producing in the mind
OF that party reasonable and well-grounded
fear that IL the Imprisonment or constraint be
not submitted to without physical force, per-
sonal injury must inevitably be the result and
compelling the imprisoned party, by means of
this well grounded fear, to go where he does
not wish to 60, or is under no legal obligation
to go, or to refrain from going where he has
sense, signifies any kind Of oppression,
under pretence or color of right when such
right really does not exist. But in the more re-
stricted and technical sense in which you have
10 deal with il in this case, it simply means the
unlawful taking by an oficer. by color Of his Of
nee, or under a pretended right as such ofiicer,
OF any money or thing of value that is not real
~ due to him, or more than is due, or before it
is due. This offense Of extortion differs from
that Of robbery and Of trespass In this, that the
former-extortion-is committed by an officer
under pretence that he has lawful authority
as such oficer for the doing Of the act, when
be really does not possess such lawful au-
thority: whilst trespaes and robbery grow ont
Of acts done by individuals not acting in an Of.
fetal capacity, though they may pretend to be
OH GERS Of the law.
You will infer from these observations that
the defendant In this case in order to have rem
dered himself obnoxious to the charge OF fslse
imprisonment must have been proved TO yonr
satisfaction by the evidences in the cause IN ha~a
restrained the prosecuting witness, Mrs. Cohb
OF her liberty by presenting himself TO her i'm
the character OF an oficer charged with the
duty OF making arrests, and under the preteuse
that ne had legal and sufficient warrant for
her apprehension. when In truth and in fart he
nao no such omcial character or authority,
merely inducing her 70 60 with him nnder
,wen.Rlounoeo oeiief that she was Obliged By
law 70 do &c, or that without any ON cial pre-.
tension he by physical force or by words or
gestures, or both, 90 aroused her Just and rea-