Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-17
THE COURTS.

UNITED STATES COURTs.-In the case
Of Dean vs.. the Memphis and Gayoso
Gas Light Company, the defendants
filed their answer to the bill OF COM
p~lainant, and entered a motion to dis
solve the Injunction on the bill and an
swer. The MilIikeu hsbess corpus case
was then called up, and Judge TFigg pro-
ceeded to deliver his opinion. After Civ
ing a brief statement Of the case, he re-
| ferred 20 the order granted some days
since on Lieut.. Hugo to amend his re-
turn to the writ, by inserting a copy Of
/ the General Order issued by Gen.
! Thomas as to the arrest Of Milhken.
This bad been done, it simply stated
that Milliken had been arrested by the
military authorities for a violation Of his
parole as 8 prisoner Of war. But since
that amendment was made, another
| seems TO have been inserted, that MILF
ken had been arrested for an armed
violation Of his parole" This seems to
have been done with the agreement Of
one OF the counsel Of the petitioner, so
far as the Court could get any infOrma-
ton, frsm newspapers, etc, and he could
take judicial knowledge Of the state Of
the country. No war existed at present,
and no wal was being made by any one
In the State Of Tennessee on the Govern
ment Of the United States. The return
Of the officer is so indefinite, and leaves
the case in so much doubt; and the i'm
portsnce given to the case in the news
papers and elsewhere, that the Court is
DESTROYS to examine into the case
and see what is in it, and
let the country see likewise.
The motion to discharge the prisoner
will be overruled, and leave given to
him to traverse the return, so that the
facts may be brought out, or the officer
can 90 amend his return by stating
therein the facts Of the case, and then
the court can come to some conclusion
as to whether the parole has been viola
ted by armed violation or otherwise.
Judge Lewis resisted the order to amend
the return, and commended that the cOun-
sci for the defendant were bound by the
agreement Of their associate counsel IS
to the insertion Of the words EARNED
violation" He seemed to think that g
e~ourt-msrtial wss 8 good thing,
and that justice would there
be administered quite as well as in
a civil court; that they had answered
fully, and should not be required to dis
close the facts in the case on the return.
Attorney General Wallace stated that
when the Government offered evidence
to sustain the charge. They were ready
to offer evidence to rebut such testimony,
The Government was bound to proceed
and make out a case. II it failed tc
do 80, the prisoner should be dis.
charged. They held the negative prop
osition; the Govern ment holds the
affirmative. Judge Lewis denied this
rule Of evidence. If the petitioner had
any evidence TO offer, in order to
show why he should be discharged-he
should do so. The Government was not
bound to make out a ease the return Of
the officer was sufficient. He never had
seen any authority otherwise. Gen.
Wallace replied, that he did not know
what rules Of practice or evidence was
followed in the civil commission ovel
which Judge Lewis presided during the
war, but all courts Of justice were gov.
erned by the rules laid down in the
works, and this was the rule adopted BY
the courts in Tennessee. He desired th8.
the same officer Of the Government, U
s. Attorney Perkins, should make Gu.
the return, and not assistant counsel. A
this point Judge Lewis became angry
and demanded that Gen. Wallace should
explain what be meant by such . re
mark. Gen. Wallace proceeded to stats
In no very 6sttering terms what idea h'
intended TO convey, when the gentlemen
were. called to order By the Court anC
quiet restored. Court adjourned to tire,
O'Clock to give Lieut.. Hugo time d
amend the return. When Court me.
pursuant to adjournment Judge Lewi
read the return as ordered by the Court
1t merely recited that on or about Angus
!, 1867, 3 detachment Of United State
troops was sent to LaGrsnge, Tenn, dur
iDg the electlons-that Milliken becam,
exaggerated st seeing negro troops, sn'
negroes voting, he said to 3 loyal either
I named John Baam, "DoD't We know
that you hate the Southern people as yol
do rsttlesnakes," and further said to tn
/ loyal Baum, ~ viii hold you PERSONAL.
responsible for this,n and that Millikel
5 was armed as wss several other citizens
: The loyal citizen Bauur got frightene'
and escaped from the armed rebels, an'