New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-14
THE LAMAR IMPRISONMENT CASE.


OPPOSITE VIEWS OF MIR. DANNs RESPONSIBILITY.
At the resumption yesterday, in the United
States Circuit Court, OF the trial OF the LamarDana
case United States DistrctAtorney Bliss, turning bis
attention to exJudge Shpman's remarks on military
necessities, which published in Wednesdays
TRIBUNE, argued that the Commanderin Chief was the
best Judge OF the manner in which should be car
red and that he also the best judge OF the pro-
priey Of arestng and imprsoning suspected persons
At this point the Court asked II 1t not stated some
where in the books that the could not
martial law for the purpose Of incting oppression
YES" said Mr. Bliss 'f the Commander-in-Chief does
not observe good faith But IL 1t is pretended that
man did certain acts, ana the COMMUNICATIONS ala
not hone ty believe that he had done them
present a. different question The plaintiff must show
that the Comm andern Chief did not act In good fath
The Court-SuppOse the jury should ind that III this
case the act oppressive in character and without
sonable cause would the order OF the PRESIDENT OF Mr.
Stanton Justify MT. Dana
MT Bliss replied that in his opinion It would ard as
no had closed the evidence for the defense he asked
permission TO examine Col W. p Wood, who, he claimed,
would testify that Lamar put into the Old Capitol
Prison by Mr. Santons order Mr.. Mcfarland objected
the ground that the admission OF the offered evil
dence would be contrary TO the rules OF practice Mr.
Bliss SAID that II newly dsoOyered evidence, and,
after further discussion, Court excluded 1t
pro f0ynd Mr. Bliss the argued 10 tho Jury that it, on
questions OF law Court should direct a verdict for
tue plaintiff he would not, In view of his past life. be
entitled 20 ythng ike the amount OF damages claimed.
In his reply 10 hr Bliss Mr.. Mcfarland occupied much
time IN discussing the origin history, scope and mean
ing or martial law. During his argument upon tnat
branch Ot the the Court asked the following ques
Ons Do you to b. understood to that in the
absence Of all civil authority in State. the President
COmmander-in-Chiel Of the land and naval forces,
cannqt IL bis orders act Independently VI The Military
Governor or the state ~ After discussing the question
Tor hour Mr.. Mcfarland answered: No, the Presi-
dent cannot because ho at time has the authority 10
arrest pryate, peaceable citizen and drag him
to Washington IL ne had such authority,
he would hold the G0rgOns and al the Fures in leash TO
be let loose his will" lie then reviewed the prin-
cipleS COntaIed IN tAe fourth, tth and sixth amend
mentS tho COGs, utiOn tie legal points nade by
Judge ShiDnan III his heretofore published opening
marks, ana cOHtcudod mat under them. Mr. Lamar mad
been subjected 10 an illegal seizure ana imprisonment
Inis closed Mr. NCFarIuUs IuIneut the questions
loss IN the case, the Court asked him 4" Is Mr.
Dana liable he ud know that the order which the
President directed him To Issue, ana which he did Issue.
oppressive in is character :" 1t difficult to
whether he replied the affirmative mega
tive.
Addressing himself TO the jury Mr. Mcfarland
claimed thai tue indCnitles, surriugS, ana injury 10
business Inflicted upon Mr. Lamar entitled rim every
cent OF the damages demanded Mr.. Dana" SAID he,
was IN tui5 instance the guilty instrument Of guilty
power and tie blow must therefore tall on HIM lrs and
no mus NO eit 70 Whatever redress no can obtain from
the Government"
Juuge sLIpmau will charge tie jury to-day. Mr..
Lamar Gays JDat iC was not Gen. Gilmore but Gen.
Grover VINO abused HIM Savannah and that he will
soon publish statement from which Twin appear
That the ono who accused HIM OF completely IN the
assassination OF President Lincoln has O5e1 sent TO
PRISON Tor PERJURY.