Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-02
THINGS THAT WE'RE.

Io,.s Do,rares-Au Interesting ana
Important case.
The case Of Gen. Hickman against "eH'
w p Rate came up yesterday before Judge
NJ. NJ. Brien. In order that our readers
NAV form a correct idea Of the basis oil the
snit We will give a brief review Of the
or;cin or the action. Gen. Hickman was
q citizen Of Huntsville, Ala, during the
var Gen. W. B. Bate was Brigadier
General in the Confederate army, and was
Commandant Of the Post of Huntsville and
the Department Of North Alabama from
December, 1862, TO February, 1863. In
formation having been furnished Gen.
Bragg. the Chief of the De-
partment, that Gen. Hickman had violated |
the laws Of war by carrying on a contra
band traffic with the enemies of the Con-
federacy, an order was Issued by Gen. Bragg
to Gen. Forrest and by Gen. Forrest TO
Gen. Bate to cause the arrest Of Gen. Hick-
man, and have him forwarded to Depart
ment headquarters.
Gen. Bate, in pursuance Of an order from
Gen. Forrest, caused the arrest OF Hick-
man. and sent him to Forests headquar-
tiers. After the arrest of Hickman, an order
purporting to be from Gen. Bate, for the |
seizure Of some property belonging to Gen. |
Hickman was served upon Gen. Hickman's
clerk, aud the property was given up lhe
property was taken, and now this suit IS
brought for the recovery OF the value oi |
the property and damages for false impris-
onment. This suit was brought 10y Gen.
Hickman, and Gen. Bates property at
tached while he was in the Confederate
army. A. J. Duncan Of this city being Gen.
Hickmans security for the cost in the sum
Of $4,000.
The defendant through his counsel, ad-
mits the arrest of Gen. Hickman, but
claims that he was a subordinate officer,
and acted in accordance with orders from
his superior officers. In this case is in
volved the great question of the personal
liability of an officer for acts done in obe-
dience 10 orders from higher military an-
thorities.
Judge Cant, East and Spurlock and
Judge Harrison appeared for the plain
tiff and Judges John 5. Brien, Guild and
Rowles, and John c. Thompson for the
defense.
After very able and elaborate arguments
bv the counsel on both sides, and the charge
of the Judge. the case was given to the jury
late Yesterday evening, though no verdict
had been rendered up 10 the time of the
adjournment. As the Judges charge set
Ties. so far rs his authority goes, question
of momentous concern TO thousands, we
propose TO Law IL before orr readers to-mor-
row morning. The following is part Of
the testimony in the case:
DEPOSITION OF COZ. MICH DAVIS.
Gen. Bate was the officer in command at
Huntsville, Alabama, and arrested Gen.
Hickman. as | understood, in obedience to
orders which proceeded from Gen. Bragg.
did act as counsel for Gen. Hickman on a
writ of haJeas corpus, and he was dis
charged. Gen Hickman paid me five hun
dred dollars in gold. Ny recollection is
thai Hickman was twice arrested by Gen.
Rate before he was indicted in the Confede-
rate Court for treason My impression is,
that Hickman was arrested on an order
from Gen. Bragg. though do not remem-
her seeing the order. At the trial Gen. Bate
made an application for continuance, on
the ground that he expected to obtain from
Gen. Bragg. evidence which was material
in the prosecution. j DO not believe that
Gen. Bate at the trial, did anything more
than he thought was his duty as an officer
and q soldier, but am satisfied that tyran-
nical and mean men in that community,
whore he was comparatively a stranger,
made him the medium Of venting their
malice and hate. This could not have been
avoided under the circumstances, nor do l
believe that Gen. Bate is capable of such
meanness Gen Hickman paid me i've hun
drcd dollars in gold for my services in the
habeqa corpus case. Wrote defense Of Gen.
Hickman against the charge OF disloyalty
and against the tyrannical aud outrageous
conduct of parties in the community who
we're harassing hiIu but Gen. Bate was not
among that number. Gen. Hickman signed
this paper, but il was not published because
IT was regarded as indiscreet and impolitic.
This paper was signed by Gen. Hickman
whilst in Jail under the charge Of treason,
and after his discharge under the writ Of
hGbeGS corpus.
OPPOSITION OF GEN. /. POPE WALKER.
At the time Of the arrest Of Hickman,
Gen. Bate was in command at Huntsville.
have no such knowledge OF the first ar
rest as would make il competent evidence.
The second arrest was, | think, IN January,
1863. Asa member Of the law firm of
Walker & Brickell, / was employed by
Hickman to defend him. We filed peti-
lion for a writ Of hdbsas corpus, which was
Granted by the Hon. James II. Scruggs,
Probate Judge Of Madison county, Ala
hama. and Hickman was accordingly
hroupht before him. Gen. Bate appeared
at the trial, and on a motion made 10y him
for continuance, stated that the arrest OF
Hickman was hy orders from General
Rrapg and that the cause Of his arrest was
for violating the 57th article of war
The firm of Walker 4 Brickell charged
Hickman $1,000 for their services in the
L1beas corpus case. This fee has been paid
-S4OO in Confederate treasury notes, S4l5
in greenhacks, aud $500 in buggy and
pair Of mules the excess TO be credited on
our fee in the treason case.
Gen. Bate was at the trial and opposed
tbe release Of Hickman. On the return Of
the writ Gen. Bate did move the court for
a continuance, aud the case was continued
for one week. On final hearing, Hickman
was released from arrest 10y order OF the
Judge.
The fee of $1,000 did not include the fee
IN the treason case which was TO be tried
in the District Court Of the Confederate
states. There was no stipulation or under
standing that the fee was 10 be paid in any
particular currency DO not remember ever
having given Hickman letter Of recom-
mendation 10 Col. Looney, or any other
person, for the purpose OF trading through
the lines.
DEPOSITION OF ". ,. M'CALLEY, OF HUNTS
VILE, ALA.
In the commencement of the war, up 10
the occupation Of Huntsville 10y the Fed
eral troops. Hickman claimed 10 he
Southern man Witness heard Hickman
make two public speeches in favor of a
vigorous prosecution of the war 10y the
south, urging young men TO volunteer,
stating that he had volunteered himself,
and intended TO 20. Witness heard Hick
man say that he had been making war
speeches In East Tennessee for the South
that the people there were all right and
that the people here were rather slow. Wit
ness has read, and once bad in his posses
sion. a circular published by Hickman in
the winter months Of lS6l2 OF early in
1868. in which he claimed to be a stronger
Southern man than !. Withers Clay, and
enumerated his services in aid Of the Con-
federate cause, claiming to have spent
,,,onev 10 have raised company for the