The sun., 1873-04-05
robson THE KlDNAPPER.
a CITIZEN or CALIFORSTA SEIZED
MiRINFs IN THE NIGHT.

The X idnn ppiuu OF MIR. Bogart In san Franz
cisco How the People there Look upon the
Outrage The secretary Of the Navy Imi-
tatiue Robespierrc.
Correspondence Of The sun
SAN Francisco, March 2s.-Further pro-
ceedings in the United States Circuit Court yes
terday i'm tao casc of u. ID. Bogart of the Chroni-
Gle, who was kidnapped In this city by order of
cretary Robeson and secretly hurried on to
the receiving ship at Mare Island Navy Yard, re-
suited IN his release on bail, result which has
cat sed great satisfaction here among all classes.
The outrage pcrpetrated in this case has been
the cause Of great excitement In San Francisco,
and the acti, of Robeson has been denounced
In unmeasured terms by men OF all shades of
politics. Nothing hes yet occurred which has
created so much feeling against the Admnistra-
ticn In California AS the arbitrary and illegal
course pursued In this instance, and people arc
inquiring who IL safo II a citizen can he Kid
mapped In the night in time Of peace and con-
cealed on board vessel II war on the strength
of telegraphlc message from the Secretary OF
the Navy thousands of miles away.
THE PRuCEEDINGs IN COURT.
Yesterday morning at II o'clock. the steamer
from the Navy Yard having MIR. BOEsrt on board
reached the wharf. immediately upon landing
the prisoner was placed In a carriage and driven
to the ONCE Of his attorneys on California street,
where he remained until the hour for the call
ing Of the case In court. The interest in the
case was greatly intens ined by the developments
OF the preceding day. Long before tue hour for
the calling Of the case the corridors Of the build
in9 In which the court Is held were thronged
with spectators. eager TO hear the proceedings
and know the result. "A soon as the dOees were
thrown open the crowd began TO surge In, and
H. few minutes every seat was occupied, and
there was scarcely q foot OF standing room left
on the floor Many prominent members Of the
bar we're present, aud they listened attentiveiy
whom had never before seen the prisoner. all
appeared TO be IN active sympathy with him on
account OF the hagrant outrage that had been
committed upon the liberty Of a citizen in his
person. Judges SAWYER and Hoffman were on
tho bench. The United states District Attor-
Dey and his assistant represented the respond
ent to the writ. Ihe prisoner was represenIed
by :; NJ. PiAley: Robert Harrison, Il. II. Lloyd,
and Col. j. Il. Hoge.
THE wBIr or rApEAs coRrus.
Tmmedatey upon taking his seat Judge Saw
yer, after cautonng the spectators against Civ
Ing way To any manifestations Of feeling, re-
marked tnat the simple issue before the Court
was whether the party brought before It on the
writ was detained in custody without authority
Of law, ard requested the counsel to cunine
themselves strictly to the investigation OF that
issue. After a long discussion by counsel, prin-
cipally on technical points, the further consid-
Grafton of the case wis postponed until Tuesday
next In order 10 give the prisoner time and ops
portuniiy for consulting with his counsel, aud
Mr. Bogart wasadmitted to bail in the sum OF
$1,000 Tor his appearance AZ court from day
u day. Two wealthy aud emincn, citizens u
san Francisco hessis :. f. Butterworth and
William Hurting both OF whom were total strsn-
gers to Mr. Bugat
VOLUNTEERED As MS sURETGTs
and were readily accepted by the District Attor-
ney. The prisoner was hen set at liberty and
his captors departed. These fUrmalities occu-
pied about an hour after the adjournment of the
court. The crowd fingered IN the coIridcTs dis
cussing the case and waiting to see the PRISONER
discharged from custody. Even after Nr Bogart
had departed with his counsel, they remained or
gathered 0n the streets IN knots discussing the
probable result of the case and denuuucinS the
manner ~ the arrest. In the meantime Mr. Bu-
cart had gone quietly to his room, and within an
hour e "A itl. de ,h tie tIBUtlit Of
Hco a. quietly al work as lcfuIe II was discover
Ell that he WIS n fugitive from Justice uf such a
dangerous character ~ to require his being
dragged away at dead ui night without warrant
or authority, bv armed men. and cou1ned n
GoNCrnuCnt vessel, under strong guard and be-
yond the reach II his flic'us.
TuE HISTORY OF THIS CASE
will show the outrageous character uf Secretary
hnhc-on's proceedings IN PROCURING the kidnap-
Mr. Bogart was appointed paNmIsters clerk
upon the United states receiving siip Vermont.
He was neither a commissioned officer nor an
enlisted man. nut mcrs a tiNilian cupl we'd ~
the naval service. After more than two wears Of
service he Was 'e!ievtd from duty and honord-
insI.;.d ior deialcat,on aid arrested Ia Nrw
! nrk, but the ca-e was never brought 10 trIh.
Then he was turned over TO n cpur; martial and
tied for theft fraud, and de ertun. MIR. 10
gar, declares that he was entir,ly innocent Of
tue charges brought against him. aud has made
Hs,atcmeut under oatn changing his superior
otNccr, the paymHster under whom he served,
witt extensive frauds aud defaIrafions detail
ing with great particularity the manner IN
which they were accomplished. These charges
lie says he can prove to the satisfaction of any
honest igry In any court where legal evidence
l. adm.tted. lie In ists that an endcavor has
been made TO hcld Others 10y procuring his con
NCtipn ui crime Oi which he J. innocent. The
court mari 7l convicted him, bat its verdict was
So manliestN absurd that Secretary Rnheson
was compelled To reverse il, and the whole
affair dropped out OF notice.
RoBtSoN's MOTIVES.
All this was ave years ago. II il not likely
that Mr., hogart would over have had any more
trouble in relation To the matter had ne been nj
n sufficiently meek aud f1rbealng disposition.
b hut he considered that he had been wronged In n
attempt TO make him the scapegoat for the mis-
deeds of Others having more Influence with tie
ruling powers he knew ;hat the navy was over
run with fragrant abuses, and being journalis'
by profession he missed no occasion for ca pos-
ing these abuses The consequence was Mr.
Bugart was pounced upon in the streets IN the
darkness Of night hy squad of marines. and
secretly dragged on to Government vessel
with hlut being enabled to communicate with his
New Jersey lawyer who Is Secretary Of the Navy
WHAT THE LAWYERS SAY.
Mr., Bogarts counsel are not at all alarmed
about tho documents which kobeson threatens
TO send on. The act of Congress under which
the Government proposes to subject itogart to
trial 10y court martial declares that any person
VINO has ever served In the army navy, al
! though subsequently discharged from such ser
vice, is still subject to trial by court martial or
any offences committed while In the service
Bogart's counsel will contend that this law l.
unconstitutional that the moment n soldier or
sailor is discharged he becomes a citizen, having
the same rights as all other citizens, among
which is the right OF trial by jury. MIR. Bogart
does'nut tear going before an honest jury of his
countryInen. but he does oh jcct 10 be tried by "A
naval jury packed to conviCl HIM.
Statement by Mr. ItOpnrf