Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-04-11
LOCAL NEW 8.


tary Prisoners.
Many OF our readers will remember that
In the latter part of 1854, three citizens of
Indiana--Lambdln p. Mllligan, of Hunt
ingdon; DR.. William A. Bowles, of French
Lick Springs, Orange county, and Stephen
Horsey, of Martin county, were arrested
and tried before Military Commission sit
ting at indianapolis, on charges of conspir-
acy against the Government of the United
States; affording aid and comfort to rebels
against the authority of the United States;
melting insurrection, and for disloyal prac-
tices.
Near the close OF December, 1864, the
three prisoners named above were sentenc-
ed by the Commission to be hung on the
19Ch of May following. The sentence was
not approved till the I'd of May, 1865, and
they were reprieved till June I'd. On the
lst of June, 1866, the day before the execu-
tion was to take place, President johnson
commuted their sentence into imprison-
ment for life in the Ohio Penitentiary. On
the next day, June ID, they were brought
to this city, and incarcerated in the Peni-
tentiary, where they remained till yester-
day.
Yesterday forenoon, one of the three pris-
oners, L. p. Milligan, through his friend
and fellow townsman, ]. T. Coffroth, Esq,
made an application 10 Judge Pugh of our
Probate Court for writ of hdbeas corpus,
which was granted and the writ issued.
Before it was served, the Warden of the
Penitentiary, John A. Prentice, Esq, being
aware that writ was about to be served
upon him, applied to Governor Cox to know
If the Probate Judge had authority to issue
the writ, and if he had, what should be
done about it. The Governor, we under
stand, told the Warden in substance that
the writ could be issued, and if served, it
must be obeyed. The Warden, not altog geth-
er satisfied with the Governors response,
telegraphed to the War Department at
Washington to know what he should do in
case writ of habeas corpus should be served
upon him In the case of Milligan.
In the meantime and before the Warden
had received instructions from the War De-
partment, the habeds corpus case was pro-
ceeded with. The writ of ha6eaS corpus was
delivered to Sheriff Domigan, who went to
the Pententiary, served it upon the War
den, and in the afternoon, when the case
came on for hearing, produced the prisoner,
Milligan, in his own proper person, before
the Probate Judge. Mr.. Coffroth appear
ed as counsel for the prisoner, and N.
Rush, Esq, of this city, as counsel on the
other side. The principal object sought
on behalf of the Warden, we learn, was to
obtain postponement of the case, until di-
rections should be received from headquar-
ters at Washington. But Judge Pugh be-
ing of opinion that there was no just cause
for delay, proceeded with the hearing of
the case, and, at its close, adjudged that
the prisoner, L. P. Milligan, should be
forthwith discharged from his incarcera-
tion in the Ohio PenitentiaTy, as he had not
been detained there by any competent le-
gal authority.
After the discharge of Milligan, steps
were instantly taken for obtaining writs of
habeas corpus for his two fellow prisoners,
Bowles and Horsey. For this purpose, E.
T. DeLany, Esq, of this city. proceeded to
the Penitentiary to take their affidavits as
Notary Public. But on arriving there, he
was informed by the Warden, that a tele-
gram had been received from the War De-
partment, ordering the immediate release
and discharge of the three prisoners, Milli-
gan, Bowles and Horsey. OF course this
rendered further proceeding on hdbeds cor
pus unnecessary. Milligan had already
been discharged by Judge Pugh, and Hor-
sey was forthwith set at liberty, and left
last night for his home in the Southern part
of Indiana.
The case of DR.. Bowles is a peculiarly
hard one. He is an old man, close upon
eighty years of age. His confinement has
been very severe upon him. Though dis
charged last evening, the state of his health
dfd not permit him to leave the Prison. He
will, however, come into the city to-day,
and as soon as his health will allow, will
leave for his home in Indiana. y
we congratulate the three late prisoners,
their friends and countrymen, upon their
release from an unjust and arbitrary i'm
'prisonment. 1t augurs that the usurpa-
tions and tyranny of military rule are about
coming to final close. May justice and
the right be triumphant.
Committed for Burg ary.
Tn tha casa of the State AGAINST William