Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1875-10-15
An Important Lawsuit Decided.

State. The case has excited wide interest
the best legal Talent in the State having
been engaged in the trial and every point
has been closely contested. The case Wa.
argued by Hon. e. J. Phelps for the plain
tiff, and Hon.-L L. P. Poland for the defence.
A brief history of the case may not be
uninteresting. and We condcnse the follow
ing fron Judge shipman's charge to the
jury:
This is an action Of trespass for an a.
legged assault and battery and for false in
prisoument, brought bv Andrew j. Bean,
of Manchester. New Hampshire, against
Daniel N. Beckwith and Gilman Henry.
both of whom when the suit was brought
were citizens Of this State. The facts in the
case arc as follows;
In June. 1864, the plaintiff was a resident
of Coaticooke, in the Province of Canada
Mr. Henry was provost marshal and Mr..
Beckwith was deputy provost marshal of
the second congressional district of this
State. Two persons named John Guptil
and Eden Brown came from Canada on
June Ath. 1864. for the purpose of enlist
ing as substitutes into the army of the
| United States and were accompanied by tie
| plaintiff and one Bucklapd and Jewell. The
plaintiff acted at the time as the broker or
party who made the contract between Brown
and the person for whom he was to serve as
substitute, ard for the services rendered in
such brokerage capacity. the plaintiff was
TO obtain $500 of the 5000 which Brown
received. Bucklaud and Jewell. one or
both. were brokers for Guptill. The two
| substitutes were duly enlisted into the SER
vice of the United States in the second con-
gressional district. by Mr.. Beckwith, under
the direction of lIr. Henry. and $500 ofthe
money belonging TO them was lett in the
custody of Mr.. Beckwith In addition to the
$500 the principal agreed to pay and did
pay into the hands OF the two brokers the
sum OF $500. as the residue of the contract
price for which the substitute agreed TO
enlist. OF this money 800 was received by
the plaintiff who returned To Canada the
same or the following day. On the night
of June 18th the two enlisted men deserted
and never returned. The two DEFENDANTS,
from the circumstances Of the case, enter
tanned the opinion that the enlistment and
the desertion was q preoOrosrted plan upon
the part of the five men who came from
Canada, and that Bean and auckland and
Jewell were at least prlyy to the escape of
the enlisted men. If they did not aid them
in their desertiOn and that the receipt of
the $500 was fraud upon the principals
or the Unitei States government. Mr..
Henry, thereup0n, as he states, BY verbal
direction o. General T. j. Pitcher, issued a
written order to Mr.. Beckwith t. take
transportation, arrest the FIVE men if they
could be found, and upon their arrest to
bring them to the headquarters of Cap
tain Henry or to the headq uarters of Gen
Pitcher at Brat,leboro his written or
der cannot now be found. having, "a it is
said. been sent to Washington. The plain
tiff docs not admit that any written order
was then given, but it Is not material
whether the order was written or verbal |
Mr.. BeckwIth made search for two or three |
days without success. and the active search |
was abandoned until November IL, 1864,
when he accidentally met Bean in the cars |
at Wells river junction and arrested him /
by virtue of the order which has been men |
toned.
lie took him 10 his house at Sutton. the /
next day carried him to Windsor, the head
quarters OF Henry. who ordered him con
lined in the State prison a; that place The
reasons and fact'ot the arrest were eOmmu-
nicaisd IN writing through Major Austine,
the successor Of General Pitcher, on Nov
%. by captain Henry in his report in the
following words. ARRESTED \ j Bean,
charged with having taken part OF the
money paid for tao substitutes and then be-
log privy to their deseriian. and i held Tor
the return Of the money -
Captain Henry made 4 further full report
to Maj Austine On December -. 1864, or
iherea bouts
Bean was kept confined at night in an
ordinary cell in the STATE prison. and WAS
under constant surveillance during the dav
time lie frequently solicited trial and
inally wrote 10 the Commanding officer
If the Department OF the East, who COM
nunicated reply through Mi. Austine |
approving OF the arrest and informing Bean
nat he could be released IN the payment 1
If $500
During the interviews Of Capt Henry |
With Bean in the State prison. lie was CON
tantly informed that upon the paymen. of
his sum and the expenses OF his arrest he |
Juld be discharged. Finally, on or about
March 2. lo65, the TACT and the cause OF
Sean detention were brought officially to |
ne authorities at Washington, VINO on
April ), 1865. directed that he lr turned I
yer 10 the civil authorities Of Vermont I
10 April 70, 1866. he was released on bail. O
aylns been in confinement. since Nov. IL. c
sci. lie was subsequently bound over :
)r trial BY Il United States commissioner. o
ut II the matter here came before grand b
lry, a true bill was not found t
At the time Of the arrest no rebellion ex- u
ted in the State OF Vermont against the b
overnment of the United States, and no {
Military operations were being carried On ?
Thin Its limits. fne courts OF justice were
pen and in the uniisiurbed exercise OF Their
'gul-r jurisdiction. The plaintiff was not
al never had been in the military service
the fOffCf Star.z or
with that service No charges in writing p
ere made against Bean until December Is, | X
hen he was informed IN writing by Cap D
IN Henry of the charges made against m
N. No charges under oath were made T
.ainst Bean nntil after his release On bail a,
n THIS arrest and detention in State prison h,
IAN brings An action against MeSsrs. Henry n,
ID Beekwith. demanding large damages. d.
Judge Shipman then reviewed the legal al
ineiples involved. and concluded with the ie
itement that j; was his duty to say that =,
Justification existed for this impris0n- III
mt. but that 1t was entirely uawsrrantad pa
law.
The follu9iag i tie eonellsi1n Of Judge 81
ipman's Charge to tue jass. it 80, iia- tn
rtant case no
lhis governrncn: j. cot law, and Of law wa
lc'ed or declared in accordance with a COZ
itten constitution Nobody can h. ie- of
y arrested and imprisoned except it be on
accordance with the known and cstab- thu
ned principles of law of same kind. To-
rec kinds or classes Of Law in regard 10 thu
administration of criminal jlstics are fro
ognized in the constitution OF the United dn,
ties military law, martial law, and eve
law under which civil courts ordinarily l6l
, which | hall dunOminate the common the
tiff
Hillary law Is ouly applicable to persons by
ID. -spg " navy OF he United States or are
he military. whsr 10 sctgal Seryicj in not
e Of var or public danger. Every one SIS
nected with t.ese branches OF the public dis
ice Is aluenahle to the Jurisdiction .nc
ch Congress has created for their gov uno
nent." United States vs.. Miligan. piai
Vail y. No other persons, citzsns of cjsi
State where the courts are open are
nablo ts military Law, Which is admins
by courts called cGurImagtiGl. T. l.
"a simple illustration: Guptill and Brown | Gov
. soldiers OF the army of the United for
es and were deserters They were la 10 v
10 arrest and To trial BY military law. the
order Tor their arrest was u valid or the
fhS1 tah bCIu dtlt1ttu tleN ! not.
d properly kaSs aeen tried and scntenc-
W military Court.
artial law is the system oi rules and -
lations proclaimed bv military authors II
and enforced by military power in an il
FRY which is in state OF actual war la,
Is held by force of arms. when the civil ''''''
t. are closed aai there are no existing
tribunals for ths preservation of or
Martial law "a such a case and for l.,
time 0sing eti=ts from necessity but coun
Ter exists where the cGlr.s are open and Ham
'e proper snd gpohstractet e.sreise Of G.ent
jurisdiction. II is also confined To the Apri
ity of actual var" Have
g remaining kind OF law l. ihs law nj ho
r which civil courts act and is that wen,
m of legal proceeding which has been h,.r,
lished for the protection OF private
i Of persons. snd which in this part of In
ountry ~ derived FROM the common with
If England as modified by tho statutes was
c States and the decisions OF the civil noop
Is Mr.