The New York herald., 1873-11-12
CHARLES A. DANA.

CdAhl1E0 a. UANAs
Action for False Arrest and Imprison-
mont Against the Ex-Assistant seere-
tary OF War. MH
Yesterday the case Of Gazzaway B. Lamar Charles
A. Dana commenced in the United States Circuit
Court before Judge Nathaniel shipman and jury.
Ex-Judge william D. Shipman and Mr.. Mcfarland ap
peared counsel for the plaintiff and the United states
District Attorney for Mr DANA the government has
assumed the responsibility Of Mr.. Danas alleged act
The issues raised and the OF tho win be
certained from
PLEADrNcs.
Omitng tho legal verbiage Of the declaration of the
plaintin IL is to the following enect;-
Gazzaway B. Lamar. who Is citizen Of the State Of
Georgia. complains of Charles A. Dana defendant In this
suit who is citizen of the State OF New York. that the
defendant about the eth day OF April 1885, at Sa
vannah Ca with force and arms seized and laid hold
Of the plaintiff and with force and violence expelled him
from his dwelling house and removed him thence to
Washington, where he confined In Carroll Prison;
that subsequently the plaintiff was removed to the Old
Capitol Prison and imprisoned there for three
months, without any reasonable probable
cause whatever and without authority of law;
that at the time OF the said seizure and
expulsion from his home the plaintiff suffering
dangerous and painful disease and under medical
ment for the same; that he confined with
other persons, in small room, dlleq with noxious and
pestilenal odors and oahsome vermin; that III conse
quence Of this treatment, the plaintiff suffered both in
mind and body and his health became permanently and
seriously impaired, that he prevented from at
tending business and AFFAIRS his great loss and
damage that the plaintiff in order to obtain bis release
remain ssy.nnah for tweiye months 70 The great in
ss q he ss o s an he %
Accompanying this declaraHoni is
:. Mr. ptSa's nan ASswsn a;s,. a.. r,,,,,,r.
time during shs rebellion. she Isl January
s .ne asS iss that i%o1nss
ns s e asf
c0Sr o tn. nd he s that s
the and in question were made under
ant in this case with to the psnt6 were made
81 w War % the wae
on Of his once and duty such oeer and BY virtue Of
ana IN no other way that this suit within the provi
sn g &c. G nj s
corpus and regulating judicial proceedings in certain
THE PLAINTIFFS CASE
IN He fae e
s nsus eo and om m IL
tho District Attorney had told him would be involved in
turned on BAL
This was an action assault and battery and false
and imprisonment They would that this
men that region ofshs eSuntry and II other regions
On & Ss s "a ose q as be
time presousiy residing savsnnah. and he living
a. mat 'e eos1aos OF Sa 1sDss.L su1aoarfIns @ @
os
paper which; he supposed, would be called an order,
SSh the % M oaa
down . g IS % a
he 4 70 ss such he thought
ment Dana; but he had the humanity to lei the
age, quite IN 70 nurse him. She brought
The ps.ntia was brought to washington under this in
citement OF Mr.. Danahe was thrust into prison.
the viest that ever dsgraced the civilization Of this
MrarsosKD WITH A GANG vrLrsr THIEVES
and ruans and subjected 70 gross ndignes while the
ss mad
ordered 70 leave for New York and put on board tra
Of hsr care sr Lamar suffered 0'
and subsequently, he was aseS back to and
to remain there S guard d Ne was retained
july AZ ssyannah ne was kept under some KIND OF
cause cause q G arrest was him either orally
~ the under which be m was s arIessd No oath
P No sn s Sy hSs S s
ever made against him in connection with his ar
eay Informed q the cause Of his arrest by Mr. Dana
book. snd NJ. .as to This a.,
that he had getting them at all It
. he says that rss, ' The ueOps q Ss
against unressonabe search search, or seizure shai
SS: p1eSe ana supported oss sss
q @ scseS and q s g Se q s o
seized The nith amendment provides u that no person
The Grand Jury and The sStS amendment providss mat
ssss PaSi,S y sSs Ssrss Sss,s he
irsnsh rights d private citizen. By bis oath
ssn on The 4hss e 'Ss
deny those PROVISIONS OF the he had
@ s na. s s ga us sys 0g m
over hand and foot 70 his enemies in violation OF those
provisions Of the constitution
ond m THE m1sos Sr rom Trx cear COM
mitcd on its best and parest citizens until somebody was
s e O. s l. sy sssp
s% na S: %a sa ram e
signed by order Of the pTs,dent r, g. A; Dana,
,s'op' .s 81 ,hs s1asy saanss
yho said that. 4 such an order as shas ,ssued from the
nns Il in any manner liable to nne and mprisonment
% impcschmen, and % be ignOmniously driven from
ONCE On It's face IN This sss., was - 80,
II was never issued on oath or Affirmation II did not
this ssnlsmap bring him here and win tell you where
70 pat him" In the Language q the supreme Court Of
war IN peace because the Contrary doctrns would
rnE rRovrsioss ov rir CONSTITUTION
were IN full orce At the time this arrest and the
I ss oo The person who pennsd the order
u the arrest was caused by the necessity OF
who're INC OlaRu reSdea and where he had coSormed