The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1869-06-15
AN IMPORTANT SUIT.
E1-SccretHry Stanton sued for I'm.
prlsOnins Hebel In Fort
Lafayette and seizinE
his Property.
a Test Case.
WASHINGTON, D. C. June 13.

WASHINGTON, D. c. June IS.
The case of VIM. T. Smithson against
Edwin NJ. Stanton Is expected to come
before the Supreme Court of this Dis
trict, tomorrow, upon motion OF the
plaintiff TO produce certain original let
tors. SmiLhson, who is a citizen of
Washington, sues Stanton for damages
laid at Sl0,0 900, for trespass and false
Imprisonment. He alleges that Stan
ton, in 1868, while Secretary CT War,
caused him to be imprisoned at Fort
Lafayette, where he remained four
months and was then released, there
being no grounds for holding him; that
afterward Stanton again caused his
arrest as a spy, had him tried before
court martial, by which he was sentence
ed to five years imprisonment, and
then sent him to the Albany Peniten-
tiary, where he remained one year, and
was then released by President Lin
coin. In the meantime his property
was seized and his family turned out of
the house and dispossessed oftheir fur
nilure. Plaintiff alleges that there
were no grounds for the proceeding,
and that the letters used on trial were
forgeries got up expressly to make
original be brought into court for in
spection.
The defense sets forth that Smithson
acted as spy, gave Information to the
enemy, and advised an assault on the
capital; that he wrote reasonable let
ters in 1861, under the assumed name
OF Charles r. Cables; that he scted as
financial agent for the enemy, and rails.
ed money on bills OF credit; that he was
so engaged before the time of the al
legged assault and imprisonment; that
at that time this district was under
martial law, and he (Stanton) being
then Secretary of War. and believing
the above recfted facts, caused the ar
rest, and, by the advice of the Judge
Advocate General and Solicitor of the
War Department, had Smithson tried
before a COurt-martial, on the I'd day
of October, 1868, on charge of holding
correspondence with and giving intel-
ligence to the enemy; that he was found
guilty and sentenced to imprisonment
Tor five years in the penitentiary; that
the sentence was approved; and that
Smithson was imprisoned in the Al
bany Penltentiary until November,
1864, when he was released, by order OF
President Lincoln, but not pardoned,
the sentence being held against him as
surety for his good behavior. AS to the
alleged breakingand entering the dwell
ing of the plaintiff, in the city of WASH
ington, and ejectinR, and putting out,
and removing his family and servants
from the possession and use thereol'
and MS to the seIzing of the furniture.
the defendant says that the plaintiff
should not recover, because, by virtue
Of the act of Congress OF July 15, 1862,
to punish treason and conhscate the
property of rebels, it was enacted that
the property and ~ effects OF rebels
should be seized. The act was done as
Secretary of War, ard he is protected
bv the fourth section of the act of Con-
9ress OF March 8, 1868, that any order OF
the President or officers under his au-
thority, during the rebellion, shall be
a defense in all courts to any suits Tor
anv such seizure, arrest or imprtson-
ment made, done or committed by Vlr-
tue of such orders.
II is expected the trial will be very
interesting one, it being the intention
of the plaintiff to make it test case,
and he will carry it up to the Supreme
Court in the event of an adverse decls-
ion.
WE fear that If the Republicans take
mn the cry of "War with England" as
means OF party success, the Dem mocrats
will far outcry them in that direction.
The Democracy can not only get up
crv of the loudest and iercest kind,
but their leaders can urge on Fenian
raids into Canada as way OF opening
hostilities. and If this be not enough,
thew can vote in Congress for peremp-
torY war. In fact, they can outdo the
| Administration Party on every point
| in this respect 1or tney are nOS part1
sible, like the Administration Farly'
for the CARRYING out Of their own pro-
gramme. It would doubtless be very
tine thing to bring the Irish-Amerioans
over to the Republican side, but to do
this, the Democrats must be beaten on
their own ground,-which they cant
| be.-NeiO York Times.
THE New York police authorities re-
port thirty cases OF mysterious dlsap-
pearance within the last month. Among
the persons missing are two merchants
from the West, two from the South, ana
several residents of the city who hao
no apparent motive for running away
Suspicion rests on gang of gamble RS
and thieves, whose headquarters are on
Houston street, Detectives have found
/ no trace Of the missing neraons.