New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-13
THE COURTS.
THE LAMAR IMPRISONMENT CASE.

TESTIMONY OF MR.. DANA-IHE PLAINTIFF SAID tn
HAVE BEEN IMPLICATED ~ The ASSASSINATION
oP PRESIDENT LINCOLN
AT the resumption yesterday in the United
States Circuit Court OF the trial OF the Of @. H.
Lamar ag G.. A. Dana, as Assistant Secretary OF War;
In which action was brought to $4,000 damage.
for an alleged false imprisonment during the latter part
or the war. exJudge shpman read the deposition o,
Cen Jefios TO the effect that ia obedience 20 order
Issued by Mr. Dana, Assistant Secretary Of War, hs
went 10 savannah, Ca arrested Mr. Lamar took hin to
Washington aud put HIM in the Old Capitol Prison. that
he was In III health. aud bis young daughter al
lowed to accompany him. MI. Lamar IN reply to ques-
tons asked BY Mr.. Mcfarland, who assisted eXJudgs
shipman, testified substantially az follows:
- was born In 1898; Twas President Of the Bank OF
commerce IN savannah, and dealt largely m cotton;
the Provost Guard arrested about O'Clock AT night
at the residence OF my daughterIn-lsw. where 1 was
when the soldiers took the river put on board
OF tugboat, and conveyed mo to Hilton Head; Gen.
me, and We were taken 70 Washington; when
We reached that city 1 went with Gen. JEFF
left standing In a hail while the General went
into an adjoining when he returned he said Mr.
your daughter to come with yon and she must leave y
she was torn from me by force and taken 70 New
ysTy diftv room badly ventia,eJ the Sanle. wa.
filthy. and were alive with vernin was quito
I'll at the time my stomach was disOrdered and was
not allowed 20 have ANYTHING to eat except SOLDIERS
lions unless purchased it; the surgeon gave all the
money wanted but could not get any money out
side arrested April q, 1858 reached the Old
Capitol Prison on May s. 1855, released on pa
role about July 3d. 1885, when returned 70 Savannah
had taken the amnesty oath under President lincoln.
Administration my books and papers we're seiz a. and
could not therefore. properly attend TO my business
when returned 10 Savannah: was damaged thereby
to a very large amount, especially IN regard 10 my cot
ton business when was under parole Government.
agents seized my cotton and put obstacles In the way Of
my recovering 1t.
Mr.. Mcfarland stated that Mr. Lamar had obtained
Judgment in the Court OF Claims E the value OF tho
cotton. The witness continued
After my return TO Savannah very badly treated
by the military there's finally obtained possession OF
my books and Gen Gilmore abused me for receiving
after learned that Mr.. Dana about 20 leave tho
War Department, wrote to him and asked HIM what
a trial, but never received any reply from him.
The ss-eIaminaton, which conducted by
United States DstricAttorney Bliss, developed nothing
except that Mr.. Lamar had been Paymaster Of the
Georgia troops in Savannah, and that he had not been
engaged in the purchase OF arms for the South. The
prosecution rested In his opening remarks for the de-
fence Mr. Bliss argued that the action in this case could
be maintained because 1t barred by the follow
ing provision Of the act Of March 8, 1868:
Any order OF the President, under HIS authority.
made any time during the existence OF the present
Rebellion shall be defense In all courts 70 any action
or prosecution civil criminal, pending or 10 be com
menced, any seizure arrest imprisonment
under color OF any law of Congress and defense
may be made by special plea under the general issue
Mr.. Bliss then said that Mt Lamar had been one OF
the blatant and ioudmonthed rebels" and In sup
port Of the assertion read what purported 10 be copy
Of the statement made by Mr. Lamar when he took the
amnesty oath. That statement. according to the copy
read 10 the effect that he had given about 100000 10
aid the Rebellion that his sympathles were aud always
would be with and that he took the oath referred
simply because he afraid he would lose his property
II he did not Mr. Stanton had reason to believe that
Mr. Lamar implicated in the horrible crime OF
ha.
the order Issued by Mr.. Dana" At the
clusion Of Mr.. Bliss remarks Mr. Dana testified fol-
lows
am an editor and ives Assistant Secretary Of War
in 1868 never saw the plaintiff I'll met MN IN THIS
the order for his arrest under the following croum-
fsS So days 9 Sn pEasn Of ST o dens s
that he believe that Mr. Lamar was I'm
plicated in the assassination Of the President and
directed me to make an order for his arrest:
and 10 send officer 10 execute 1t; 4 did
S 80 Tssn o. M aa%ss Fs9sni
never did any official act without Mt stanons order;
independently Of him, had no control over the Old
Capitol Prison do not remember that received any
communication from Mr. Lamar while be was iulpris-
oned If did, gave it ~ Mr. stenton LIDO not know
what were his reasons fof supp0sng tLat Lamar
implicated IN the assassination OF President Lincoln.
Mr. Dana was not crossexamined, and Mr. Lamar tes
titled substantially as follows
When took the amnesty oath did not write my req
sons for doing so but L wrote them about six weeks
after was released from prison.
The statement read Dy MI. Bliss was handed 10 tho
witness and he was asked If was a copy OF what
wrote but before he could answer ex-Judge Shipmau
objected, and the document excluded, Judge
sbipman holding that Mr.. Lamar's reasons
for taking the oath had nothing TO do
with the point at issue. Mr.. Bliss excepted
to the ruling said that he had further evidence to
Offer addressing Court, asked 10 to direct a
dict the defendant by virtue OF the act mentioned in
his opening remarks and by virtue Of the OF March
q 1851 Mr.. Bliss argued at considerable length that.
under those acts Mr. Dana could not be held responsible
for the OF Mr. Lamar and that by them the latter
was precuded from maintaining his action. Mr.. Nc
Farand will reply ~ Mr. Bliss to-day.