The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-09-19
THE "OHESAPEAKE" AFFAIR.

Aht EAdulluhhOu VI Tue SA~~AN NNNANA~
United States Commissioner Newton, at Brook
lyn, "a New Secret Rebel Organization,
Etc. Etc.
This case came up according to appointment
on Tuesday. w. d. Croft, Esq, counsel for the
prisoner stated further evidence, documentary
and oral, was necessary in the defense. Some OF
the proofs are in Brtln AeiIC nt ana a some Ia
in his defense is his acting IN subordmatlon to
superior officers on board the CHESAPEAKE He
(counseD states that pardon is due to him as
much as TO other belligerents
pp moreover aveIs that at the instance of
onr flovernment some of his associates on the
CbesdDedke- q second lieutenant and some sea-
men-were arrested, and subjected to q thorough
and impartial examination, ana then discharged,
their conduct not being deemed capitally repre-
hensible. The prisoner also claims that his case
rs covered by the amnesty proclamation of
President Lincoln and the subsequent procla-
nation of President johnson.
District Attorney Sliliman answered in an
ingenious argument, the gist OF which was the
following: g:-That he was unwilling to deny any
man prosecuted for criminal action an oppor
tunity to procure all necessary evidence in mis-
defense, but the ground on which the demand
was made for an adjournment of the case was
irrational, as the United States had not recog-
nized the so-called Confederate Government,
and such confederation could not be q cloak
to any crime done under the same.
Commissioner Newton SAID that he could not
rive an opinion in q case OF so much national
Importance at this preliminary examination, but
would grant the customary adjournment
The Distric: Attorney said that he had wit
nesses present who were sealaring men,, and
whose presence was temporary, ana ne wished
to take their evidence then.
The opposite counsel not objecting, James
johnson, witness Tor the prosecution, was called,
and testified in effect that his calling was that
of an engineer on steam vessel; when serving
ia that capacity on board the chesapeake, under
Captain Wllltts, she was captured by party of
men who came on board as passengers, one of
whom was the prisoner; before her capture she
was running between New York and Portland
during the encounter several of the crew and
officers were inhumanly murdered, in which
butchery Braine acted a conspicuous part; they
compelled him TO run the vessel until her recap
ture: two men with loaded muskets stood by his
side, as preeaution against his doing the
vessel any injury; the men who took the
vessel numbered fifteen, including the pri-
soner; they were armed with reVolyers;
the CheSdpeake's crew were not armed during
the afiray, nor did he know of any on board
who had arms. The party who captured her
came on board al New York, ostensibly to take
passage to Portland, Neither Braine nor any OF
his party had uniform on.
Samuel H. Seaman, New York merchant,
testified as to the ownership and object OF the
vessel. She was the sole property of H. B.
Cromwell, a resident OF Brooklyn
Daniel Henderson, second mate Of the CheSd-
pedke when she was captured, reiterated sub
stantially the testimony Of Johnston.
Captain Willitt substantiated the evidence of
both IN his examination.
At the conclusion of the evidence District
Attorney Silllman said that he was un willing to
grant an adjournment Of the case to procure
further testimony, which might be found mad
missible, but if the counsel wished further time
to confer with his client, he would cheerlullY
assent.
Mr.. Croft said he thought twenty days was as
little as he could call for, but as the opposite
counsel had spread this testimony through the
press OF the country to the prejudice of his
client he thought thirty days little enough.
The further bearing of the case was postponed
until October s. We append the following Con-
stltution and Bylaws Of the secret order to
which the prisoner belongs, and which, nl3rdbiJe
dictu is in existence to-day. Some OF his friends
are at large, and attended the hearing of his
case. Who knows what mischief may be i'm.
pending?
BYLAWS OF THE K A, FOR THE BETTER RULE AND
GUIDANCE THE ORDER.
HEADQUARTERS KNIGHTS OF ARABIA-Ofice of Grand
Commander ls66-These laws must De strictly ablded
by. by ali hncampmenrs, Companies and all X. AS in
rBy order Of the Hon. C, c X. A. and the Hon. C.
l; No man can become X A. unless sound in mind
ana oosy &c efSSePt tSe by special permission Of the don g.
walton Of our Order ana the attainment of the grand
2, We as X. AS, pledge ourselves to aid, comfort
0nSS aM1 p5S5eGT N al T. hepecGg those who may be
oasdr shall gain any insight into the mysteries OF OF
secrets OF the order; but all K. As will their best
jects, by procuring candidates who good and tried
men. Candidates will have to be vouched for by at
Least Least TWO brother AS and baoted for. Five black
=. Inc candidate wi have to pay hundred dollars
the ss%s ana the candidate VIII receive from the secre
m PEI cent interest S psssbs ninety days alter recOgn
An K ass will be entitled to one hundred acres of
land; location OF said land to be drawn by lottery
Each x. will, as soon practicable receive land
warrant TO that effect description of land elm ate
be had of officer of the order The produ etc
cot1ee, sugar, tobacco, and cotton.
6. All secretaries and captains Will report weekly
weekly to headquarters All captains and secretari es
will report weekly to the colonel of their regiments
Implicit obedience to orders will be required Of all X
As to all orders from headquarters and from all Officers
of he order. The Hon G. q. K A. trusts that all K
As will see the necessity of this for the ulnlment
l. Each enc ampment viii be furnished with char
ter duly signed and sealed which will be their autho
Which any encampment Will be unconstitutional, ant
g. Thirty davs' notice Will be given to all A.'sIfo
final work and prompness is expected; without It, W
g. The use OF initiation fees will be explained by appi
cation to any officer of the order
~ All candidates will be required to take the K.
H. All laws rules, and regulations adopted by any en-
camgment must be regularly endorsed and approved q
IL All encamBments will have to furnish fund TO
the private expenses of their Individual encamp
menL sllyer badges OF the order can be procured b.
l3 The Hon. Grand Council will be comprised of Al
Ihe Sones 2 OF the X. A. or at least three Colonies
make laws lot the good OF Order sanctioned by tn
a. No moneys shall be expended or laws nasse
without the sanction OF the Hon q. c. X. A. ana In
Hon. G. Coun A.
By order OF the Hon. g. c. X. A. and Hon. {
Coun. X. A.
ANOTHER CASE OF CHILD FLoGG1NG.