Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-02-14
LOCAL NEWS.
The Case Of Smithsea vs. s,,~ss,

=
suit pending against him before the Supreme
Court of this District, have flied ame o ded
pleas. 1t VIII be recoilected that William T.
Smlthson, formerly in the banking business IN
this city, vas arrested during the war by the
military authorities, and was tired by military
commission and foUhd guilty ofeivinG Aid and
in'ormst'on 10 'he enemy, and sentenced to
the Albany prnitenuary, but was On beeq uent-
ly pardoued For his arrest and i'm pri son me mt
he now claims damages TO the amount Of
S5eGf0
not guilty, and having obtained leave have
flied additional pleas. The flrst special plea
l. that the plaintiff ought not to have or
maiuiain his action, becsgse before and after
The time the supposed trespass, viz from
April 18th, 1861, to June LIST, 1865, sundry rebels,
insurgents aud traitors against the Govern
ment and au lhority Of the United States, were
leNyIBg ard making war on the Government
OF The bnIted States and 10 the end of sub
Nernng The Government thereof, maintained
large armies 70 hesiece, capture and destroy
lhls city, Of the fortified cities Of the Uni
ted States, IN which was situated the head
puerters OF the armies OF the United States
and hat he. the said Smithson, at the head
quarters Of the army, while the armies were
beSieglng the city. dId act as a spy contrary TO
tie Articles Of Nsr, and give the enemies of
the Government information under the ficti-
tious name of Chas. II. Cables, and encouraged
The m 10 assault ne garrison OF his city, ana
impaired the information that John nson (mean-
ing Andrew johnson, Of Tenn j was here en-
tering into an arrangement for the employ
ment OF men to go 10 Tennessee and Kentucky
TO burn bridges, destroy machine shops, de
and afterwards the said Smthsou with far
Iher inteatto give aid and comfort TO the ene-
mics OF the United Statcs, acted as a banker,
broker, and financial agent for enemies OF the
United States, and put IN circulation for the
bene I'll of enemies of the United States bills
and obligations issued by the So called Con-
f.dera'e States as a means Of credit, and for
the parpose of carrying on the war against tue
Government of the United States, &c; thar
al the time said alleged assault aud imprls-
m No n us m ar hA dot IA
Of War. and hat at the time he believed that
be (>mithson) was engaged as aforesaid.
The defendant brings into court the record
OF tbe proceeding, finding, conviction, and
sentence of the said Smthson. and the appro-
val by President Lincoln of the sentence of
The SAID Smithson on charge OF holding corre-
spondenee with the enemy, and giving intelli-
genee TO the enemy; IN pursuance Of which
sentence the said Smithson was i'm prisoned in
the penitentiary at Albany until the 25th day
OF November, 1864. at which date he was re-
leased from Imprisonment by order OF Prssi-
dent Lincoln, allowing mis- sentence to stand
as security for his good behavior, the Presi-
dent deciding not to pardon him, but If he mis-
behaved to arrest and imprison him upon the
OLD record, which arrest and Imprisonment
Aforesaid are the same assault and i'm prison
meht complained of a the plaintiffs declara.
tion, and this the defendant Is ready 70 verify
wherefore he prays judgment.
ihe second special plea 10 that he ought n OF
10 MAINTAIN his action as 10 breaking into and
entering his {plaIntif 81 dwelling, &c, because
under the 5th section of The Act of uly 18th,
lS62, authority is gwen to the President OF the
Onlted States TO seize and appropriate to the
use of the a-mies of the United States certain
property, among others that of persons giving
aid To the enemy, &c. That, acting under the
order OF the President OF the United States
be (the defendant) did, on the Both Of June,
applied as quarters for officers and home for
soldiers wives and children The plea further
tates tnat the District Attorney libelied the
said properly on the I'd Of January, 1864, un-
a
made to sell the property in the Supreme
Court OF tke District Of Columb bia, but on the
22d OF October following the decree was va
Gated because of the production OF q deed of
trust by j. l.. Edwards and Charles Wilson,
trustees.
The third plea is that under the act of March,
8, 1863, the produ ction of any order OF the
President OF The United States shall be a de.
tense in any suit or action to seizures made
during the war, for imprisonment &c: and
that the "supposed trespass he (defen dan q
committed as Secretary of War was by the
order and under the authority Of the Presi-
dent Of the Unired Sta tes and during the re-
bellion," and be therefore prays Judgment, &c
Among the letters brought forward TO es.
tablIsh the first plea are the following:
"DKCENBER 18TH. 1S6l-Ky Dear Colonet:-
i wrste you last week; hope yoa received my
letter. 1 received your little note, and also
the letter for our friend in b: handed il
to her. You had better direct all your letters,
&C. under an envelope to Charles Z Gables
mean all you intend for me heretofore they
have reached ne in rather q loose way We
can learn little or nothing about the intended
movements OF McCieiian's army across the
river. believe the fellow 10 q coward, and
will never attack ou without he 10 forced to
do 1t. i would like to see you rush down
upon him. if you think il safe or best 70 do SO.
i thin X you could drive them back te their
forts with ease, and with great advantage to
the cause you are Sighting TOR but you know
what Is best have an important fact for
you, and il IS important that you look to IL
promptly. johnson. Of Tennessee, n here,
and he hes devil In HIM as large as an OK
he is entering into arrangements with the
President and Cabinet to furnish him with
large sums of money to be used in the en-
pioyment of men to 60 to Tennessee and Ken
tucky TO burn bridges and mills and machine
shops and such like. These devils have de-
termined to destroy every vestge Of property,
and take the life OF every citizen IN Ten nessee,
rather than not succeed with their isndIsh
purposes. Two meaner and viler devils never
lived than johnson and Etheridge. They are
ting all sorts of plans TO get possession
of Tennessee. Watch these devils closely
The Cabinet will give them any amount of
money 10 enable them to carry out their plans.
send you pamphlet touching up Nd McCiellsn;
read IL, IL is rich IL will give you some incite
also to matters and things as they are viewed
by such men as tne author-Ellet Shall I
continue 70 look after and supply our friend in
B--f Expenses fan heavily upon nae IN NM
present EN- bdrrdssed condition. Ererythin9I have
after paying my debts is at the command of 1ose
you represent. II you should fail to succeed,
don't wish to live any longer. have given
our friend In B. the money to buy the books
you wrote for. my God! howl would reloice
to see YOU and your army in this city soon
come ahead, believe you can get here.
Etherdge has gone to Kentucky to EN-.
ploy men TO engage in bridge burning on a
large scale; look to tins matter all over the
South, particularly in Ten, KY, aad Va. 1
saw our friend in B. last night. all pretty
we'll Miss Lilly M. is dead; died yesterday
with the typhoid fever. o. how sorry am!
what nice, Intelligent, sweet girl she was.
She was as true as steel. The family are in
deep distress, and also in great peclniary
need; wish was able to aid hem; they ought
TO be cared for by Liily's friend TO some ex-
tent. i write in haste; have already written
touching money matters; lot me know IL my
letters reach You. i suppose you receive our
papers regularly Troops continue to come In,
and how strange Il is-no inducement In the
world but the small pay they receive; with
the ofhcers it 10 dinefcne-they 20 In for plum
der, &c. What . ssfof rogues they are; watch
all the time. CHARLES R. GABLES.
'"13th just reed; lette- from friend in B"
"DEC'R IA, DI.-Ay Dear Coll have Just
reed your letter OF the 7th instant glad to hear
from you; handed the letter enclosiag geo to
our friend in b.. In your letters re1srring
to our friend. only uss the ieuer B., IN
b.. I wrete yea last week, enclosing a
letter from our friend In prison; hope you reed
it, observe what you say respecuag an ad.
vance; will attend to the matter pre1puy. /