The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-09-05

had treated the Judge, and that SO long
martial law continued he would acknowleds
no other authority than that of the militar
that he considered New Orleans as a part
f his camp; that the General said he believe
| it was concerted plan between the Judge ar
Louallier that the writ should issue, an
showed the deponent letter he had receive
from Mr.. Morel, which had convinced hi
of the fact or words to that purpor
that from the whole tenor of the conversatio
the deponent had with the General at tbs
period, a disposition was made by him to di
regard the writ Of habeas corpus which wa
the subject of conversation-this deponer
served the writ upon the General agreeabl
to the return which is made upon it-that til
General said on receiving it that he did nc
know that be should read it and repeate
what he had formerly said as to the infiu
ence of martial law, and. in a laughing man
ner, asked the deponent what hour it was
if not past IL o'clock.
| P. L. B. DUpLEss1s.
Also appeared Col. NJ. Arbuckle, who be
ing duly sworn sayeth that on the 5th of tn
present month of March he commanded tn,
garrison of New Orleans; that on that even
ing. little after dark, he received from Mao
General Andrew Jackson an order of which
WIZ AoAAo"AA6 10 q OoPy, tO-Wlt.
HEADQUARTERS 7TH NJ. DIST, !
New Orleans, March s. 1916.
o'clock, P. M.
Having received proof that Dominick A.
Hall has been aiding and abetting and e1.
citing mutiny within my camp, you will forth.
with order detachment to arrest and contin ne
him, and report to me as soon as arrested.
You will be vigilant The agents of our
kbo,,
You will be guarded against escapes.
ANDREW JACKSON,
Major General Commanding
1t Col. ARBUCKLE Sd Infantry.
Doctor William E. Butler is ordered to
accompany the detachment and point out the
man. ANDREW JACKSON,
NJ. G. CONG.
That agreesbly to said order, this depon eut
sent out detachment of about sixty men
under the charge of Major Butler, of the
Third Regiment, who returned in short
time with Judge Hall, who was coafined
agreeably to the above ORDER and who was
detained in the custody of the deponent until
the Sunday following, the 18th instant.
And this deponent further saith that the
LIST or I'd day after the confinement of the
Judge at the garrison, the Judge expressed q
wish to have civil magistrate introduced
into the garrison, with q view of making q
deposition before him for the purpose of
applying for judicial interference in his be-
half; that Gen. Jackson ordered the deponent
not to permit any civil magistrate to be intro
duced for that purpose. In consequence of
which the deponent gave directions that no
civil magistrate should be introduced.
M. ARBUCKLE.
Capt Peter V. Ogden appeared, who being
duly SWORD, saith that on Sunday morning, the
18th inst, he received through an orderly
sergeant an order from Gen. Jackson, of
which the following is copy:
HEADQUARTERS 7th NJ DIST,
New Orleans, March II, 1916 {
Sr-You will detail from your troops dis.
Greet non. commissioned officer and four men,
md direct them to call on the officer COM
handing the Sd U. S Infantry for Dominick
Hall, who is confined in the guird-house
'or exciting mutiny and desertion within the
of the city.
Upon the receipt of the prisoner, the nom
commissioned officer will conduct him up the
coast beyond the lines of Gen. Carro,ps en-
and set him at liberty.
By command: tn BUTLER,
Abide. Camp.
Capt. Peter V. Ogden. Commanding troops of
Cavalry, New Orleans
That the deponent in obedience to said
order, he, the deponent, ordered guard to
% detailed of four men and non-commis-
ioned officer, with instructions to convey
Judge Hall beyond the lines of Gen. CAROLS
lamp, which we're about four miles above the
own of New Orleans; that the said non-com-
nissioned officer returned and reported that
le had executed the said order.
PETER V. OGDEN.
Major W. O. Winston appeared who, being
July sworn, saith: That the paper marked A,
,eing a writ of habeas corpus, issued in be.
lalf of Mr.. Louallier by Judge Hall, was
,iven to this deponent by Major Reed, aid
le-camp of Major General Jackson. in order
o be used by this deponent on the trial of
he said Louallier before court martial, of
which this deponent was the Judge Advocate;
hat the said writ was applied for by
he deponent; that the deponent was
detailed by Gen. jackson as Judge Advo.
,ate to the court aforesaid, OF which he was
by Gen. jackson before breakfast,
N the 9th OF March instant; that in a con-
7ersation with Gen. jackson. he expressed
doubts as to his (Loualler) being subject to
20 tried by court martial; but on examina-
ion of the rules and the articles of war and
IuVisluB Will Souo Soutlemeu present, Wuou
le considered as authority on such subjects,
lis impression was that he was embraced by
certain articles of war for the offenses therein
designated. Gen. Jackson thought him liable
o be tried by court martial by virtue of a
general order issued by him, declaring mar
ial law to exist in the city of New Orleans
nd its environs." He appeared clear in his
conviction as to this subject. This deponent
expressed doubt as to the extent, effect and
egal operation of tie order declaring martial
aw. Gen. Jackson spoke of a writ OF habeas
corpus which had been issued of erasures
nd interlineations which had been made in
he order of the Judge granting the writ |
lpon the petition; expressed his willingness
o obey the civil authorities of the country;
nd the right of the Judges to issue writs of
labeas corpus elsewhere than in his camp, |
nd that he would obey him. This deponent
Inferred from the general tenor of Gen. Jack
on's conversation, that he did not intend, or
onceive it proper, to pay any attention to the
nit of habeas corpus for Louallier, or any |
Their writ issued within the limits of his |
amp. VIM. O. WINSTON.
After hearing the above afi1avits the fol-