Tennessee staatszeitung. [volume] (Nashville, Tenn.) 1866-187?, 1867-10-02
CONFEDERATE SHOULDER
STRAPS, AND REBEL
ORDERS.
NO DEFENSE IN SUITS FOR FALSE
IMPRISONMENT sc. r-

The case of Hickman VS.. Bates in the circuit
Court in this City, has excited general attention
for some days past, owing in part to the prom
ilence of the parties litigant, and in part to
the novelty as well as gravity of the questions
at issue. The facts are briefly these; In 1861
Gen. Bates, Confederate Post Commander at
Huntsville, Ala, arrested James Hickman a
private citizen, and sent him to Gen. Forrest
who permitted him to return to his home.
Soon after his return Gen.B. again arrested
him, and put him on trial for treason against
the Confederacy. On this trial he was acquit--
ted. In the meantime merchandise to the
amount of thousands of dollars, belonging
to the said Hickman was confseated, by order
is alledged, of Gen. Bates. The suit is
brought to recover damages for the arrest and
Imprisonment, and also an action of treason
for the tresspass and conversion of his goods.
Whole damages claimed 10000. His Honor
Judge Brien, in charging the Jury yesterday
said:
1t is insisted by the counsel of defendant, and
the court is asked to charge you, that if you
believe from the proof that the defendant was
an officer, General in the so called Confeder-
ate Army, and as such under orders from his
superior officers in said army to-wit: Gen
Forrest or Gen. Bragg caused the plaintiff to
be arrested and imprisoned for violating the
laws of war of the said Southern Confederacy,
he the defendant would not be liable; also sew
eral other instructions of the same import as
far as the court can read and understand them
going to exculpate the defendant, all of which
the court refuses to charge except as before,
and will now charge you, and in lien of said
instructions, the court will say to you, that if
from the facts you should find that the defen-
dant was kunyvn roc zod ,oJ1ol Can
eral under Forrest, Bragg or any one else in
Rebellion against the Government of the
United States, and as such had command of
what thay called the Post of Huntsville, Ala
And as such General arrested or caused to be
arrested and imprisoned, the plaintiff, although
directed to do so by Gen. Bragg, Gen. Forrest
or anybody else in the Rebel Army, such order
or arrest was in violation of the Laws of the
UnitedStates, null and void, without theleast JUS
tification or excuse, and if the defendant in ex
ecuting such ORDERS arrested and imprisoned
the defendant, and took or carried away or con-
verted his goods, or caused it to be done by the
officers and men under him, he is liable for All
the damages sustained in Consequence thereof;
all concerned in exciting such orders, were
tresspassers and instead of such orders, and
defendant being such an officer, being iustif-
cation or an excuse, it is an aggravation. they
being engaged in an unauthorized and unholy
war.
As before charged you, If the defendant was
a rebel General engaged in an unlawful and |
unjustifable war against the Government OF
the United States, instead of this being JUST.
fication or excuse as insisted by his counsel, IL
would be an aggrayation for which you may
give simple damages or smart money as it is |
called 10 be engaged in an open war against |
the Government Of the United States, and then /
to arrest and imprison citizen because he is |
not so engaged, or for differing with him in |
opinion as to the rebellion, or that the citizen
was engaged in q contract trade as his counsel |
calls 1t against said rebellion is an aggrayatioti
instead of a Justification
The jury this morning gave verdict for one
cent damages. 81
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