New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-02-20
THE LAST OF THE CoNFEDERATES.


When that vivid fiction, "the Man Without
countryv was first published the American people were
ut the bare possibility Of its ruthfulnes and the
very extrayaQance of the conception contributed to its
plsusbility Phiip Nolan has almost parae In Iohn
O. BRAIN Arrested In 1866 upon charge OF piracy anu
murder be is still In the Brooklyn Penitentiary In 1902
untr led and unconyicted Seeing but lew Vsltors ana
constantly surrounded By conycs he Ia heid IN eohne
ont without trial when Andrew JohnsoDs pardons have
reached every ono beside and opened wide the prison
doors to worse than he Brain has been repeatedly writ
ten I'D" In tho newspapers during OF bis conne
emit; at time he'll Represented as IN inc Brookiyn
all an arrogant ana oier gTG, With faith like
that OF the Richmond hack.driver who SAID me otner
Yin abtan Scross ne Msspp and be win bring
10 up" At another time tho story 10 tnat no -
ing in the Penitentary, broken In health ana shattered
in intellect, an object Of pity rather than subject OF
punishment and then tho months turn their weary
round and he is forgotten but stll prisoner The IN.
S SnSs Sc SnS ike the q S
CONQUERED but not subdued Breckenridge, who left the
Senate OF the United States in time OF Tar 10 engage
shed him Is free return to the country he betrayed
seinmes the modern cosair than whom even Byron
OF he treaty for the setement Of tho
Alabama claims but ono poor wretch, not 30 pau 10
these is left to suffer because no was not so prominent
One who had first seen Brain at the time Of hs exanl
nation before U. s. Commissioner Newton, IN september,
1866 yesterday went In search OF me prisoner W4Se o
neinert has been unusual Calling mt the JAIL IN Kay
mondt he found the prison van at the door ed Nlh
conycs ready TO conveyed TO the penitenary seat
ing himself on the box with the drivera cheerful old
who does not look at all as II nc had aeveIea p
an average dozen men per day to the Keepers Oh ha
institution for full az many van pore tT 20
the penitentary The ylanous smoke and sompre Iook
within in strange contrast to tho fresh ar ara
cheerful skies without but arriving at the penitentAy
ali entered that Castle OF Delinquency together The
Formally OF receiving and Gsposng Of the conyicts Deng
ended he then Brain had After Sot deny
the Of Brain to the visit having been rs or
warmed and lighted corridor The prisoner cheeriuy
reached out one hand by way Of friendly welcome, while
I'm tho other he held his Pipe and tObaccobOx the soace
OF his prison hours Tho formaltIes OF the interview
being pencil and paper were soon at WORK tsinR
tho story which had been told in tho newspapers before
but this time t came from Brains own lips, ana IN s
way. Long after the heat and passion OF INC WIZ
overcome. by confinement and suffering it has new III
terest and personal charm NJ. -,
was First Lieutenant commanding In tho Confederate
navy. My commission and orders were writ
on s 4 oP p paeF TR Soa archives
the Confederate Naval Department being des-
original papers deposited there but have placed ada
Wits In tile hands OF the Attorney General OF the United
Wits are by Stephen r. Mallory the Secretary of the Con-
federate Navy DE- Jones' Auditor and Mr. 1idbau Chef
Ma and others In June, 1863, received orders from
the Department Richmond to go North with my com
IN Steamers Win the O purpose Of Capturing upon tie
high seas The Chesapeake sailed from New,York for
obedience to the orders had previously received
after selling the vessel Island W Grand PdiOcfMf Snan
OF the coast OF Maine for coal and there hand the vesse
nS the se capture detailed Lieut. David ccwns and two
men TO take charge Of the engine and hreroom Inc
the mort side After seeing the men go into the engine
room passed forward, Lieut. H. A. Parr having charge
OF the deck in my absence. While forward heard shot
fired in tho engine room, and at went aft through
the cabin into the ongiuerOOm, and thence INTO the nre
room. where found the fireman in irons. Returnngto
he dpck found
my regret the body OF the Second Engineer OF the
lying the threshold Of the door, Going
forward found Lieut.. Cowns who reported 10 me that
when he went into the engineOOm the engineer was PC
low ong the m HS2d Ss' a officer securing his
post He ordered the engineer 70 81 surrender amer,cs
and thst ocer replied by rnSa shot witch manned
one of the men fos life did not the firing which
followed but after seeing tho in the doorway sent
him. iSS Lieut. PaTr pronounced Tie man dead One Of the
ton, said th1t he saw me in my shirt with knife
in my hand This not only not true, but Is very I'M
likely that 1t should be true, the day being pter cod
day In December. had except Colts reviewers
on arriving Seal Cove after the capture found that
hours and then proceeded the Bay OF Fundy meeting
Capt Parker at sea- S potT Tho SOA eap aSEa OF
Hccrs and Of tho crew OF the Che, Chesapeake
John. Capt Parker then took command, aud changing
the course OF the vessel put into Sheburne Nova Scotia
mort was ordered to Halifax procure supplies, and
again on board the Chesapeake IN an Official
sPaGMy g b Sn the TS saboNt Ella Annie Capt
Nichols and taken to that city, whero the original cap
W. S M e a1 o. T @
upon deposit OF $4,000 being made to tho British au
thores and Mr. Seward afterwGrd made an apology for
tho recapture. wish TO make clear and uneGuiyocal
statement that in every capture made private property
scrupulousy respected and human life never heed
iessly sacrificed. The men armed with Colts re.
vovers, but carried no knives or other weapons In
not 70 fire upon any one unless resistance was offered
At tho close OF the war l was In command OF the
indies Upon being informed Of that event burned the
vessel aud returned to this country In October 1868,
trusting for security 10 President LncOns Proclamation
OF Amnesty. 1 engaged in business Savannah where
my family now are ON the 18th OF September, 1866.
after being ironed, was taken 10 the Fortyn Pre-
cnct Station House, whore kept all night without
It. took cold that ght which has been the cause OF
much suffering After being taken before the United
have been ever since my case being continued from day
to day and month TO month without trial wlsh 10 n
peat that not by any means the bloodthirsy ndi
vidual have been represented.
Lieut.. Brain was tall, straight, and commandnglook
ing parsonage when IN health but his suerngs In prison
have been so intense that he cannot walk without the
aid OF crutch, and Ia, perhaps permanently disabled
mSs disease bs nttTbutes TO The unaYodape damp
OF tho prison. aud he Is indeed wreck OF the man
OF but say with ySdhs that is
ent In his looks that since his imprisonment he has grown
mild and siable manners and agreeable conversation
and In his bearing TO have kept himself unainted
from tho prison atmosphere ABOUT n
Their and two young daughters depend upon him for sup
port, and he expresses himself as anxious 10 DO WIN
them Efforts being made 10 secure MS pardon
hands OF Presidant Johnson but II he Ia NOT pardoned
the Copsttuon guarantees him speedy trial. ana II IS
made One duty OF the courts and the Government 10 SEQ
either OF those things been DONE that wretched spec
tacle of man. not convicted OF any crime, compelled 10
BIO tho daily companion OF convicted felons would not
now offend the nobler instincts Of the American people
with a shatiered constitution and frame that Is no
longer the snbect OF tho WILL he drags himself about the
prison. and even finds necessary TO appeal TO the udg
mont OF hs visitor that the reports OF some newspapers
hat he has iosi h reason are untrue. Thatwas sad and
painfu record which the hand Of the traced
In the lfo OF Philip Nolan. but here Is man wllh9ut
conntrv md without trial whose few years OF suffering
royerse tho natural order and make the truth or his