The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-09-09
FIGHTING ron RdTTLE FLAGS.
A Controversy About the Ninth Regiment
Damages for False Imprisonment

Mr.. William Chalmers. x-Colone Of the
Ninth Regiment, sued the present commsndant,
Col. James II. Hitchcock. yesterday, In tho Ma
rine Court. before Judge sheridan, for false i'm
prispnment Col. Hitchcock did not nppe r,
either personally or by counsel. The jury
awarded $50 damages.
I'm the course Of the last few months Of the
service in tue rebellion Of the Ninth Regiment"
said Col. Hitchcock Yesterday afternoon, 10 ex-
PLANTATION OF the suit. Lieut.. Col. Chalmers
took command. 90 toer return the survivors
were ent. rtained IN the S. Nichols Hotel.
AFTER the banquet Col. Chalmers took poss-s-
sion Of the flags Of the regiment, lhey should
have been sent To the Bureau OF Military stats
Ties IN Albany. when received command Of
the regiment the Aljutant General directed me
to recover the flags, CT. Chalmers Rad moved
70 Jersey CITY, and tah IN the higs with him.
de nj andcd them. and lac declined to sure nder
them. / then obtained a warrant for his arrest
Ii was not executed. Col. Chalmers promising
q appear az an appointed hour oetore Justice
kil'fcth. who dismissed tne case. Col. Chal-
mers promising h 4 tue rags should be sent 70
the Bureau OF military Statistics. lie sent two
flags there. but SAID thai the other two, tue ma
tiona eolors and the state colois. nad been
stolen from MIN. He then instituted suit for
tl.0O for false imprisonment against me. did
not appear IN court yesterday because my coun-
sci had not Informed me that the case would be
called. THE Ninth Regiment has never iost us
existence. hose OF its members that survived
the war were permitted by the Adjutani- Gen
era OF the state 10 elect new ofhcers and re-
enforce their thinned ranks without losing
their place ia their brigade
" | went to the war" said Col. Chalmers, " as
n captain In the Inirfy-second New FORK reei-
ment. Soon after ! reached the front, ! was
commissioned rs Colonel Of the Ninth. l led
the regiment throughout the battle, OF the VIII
derness am otner engagements, and brought
back the remnant Of II, sixty men. The reRi-
ment went into the war under enlistment for
three years. aud II WIS viewed In the field as a
militia regiment. six mouths before our return.
| Col. Wilcox obtained from Gov. seymour per
mission to organize Ninth Regimen, the num-
Der being represented as vacant, whereas the
regiment entitled 70 " was, under my com 10 and,
| In the held. ON my return, Cot. wilcox asked
me to Join his regiment, hoping, | presume,
| deemed the Ninth Re.iment that mad
/ fought creditAOly Ia the war. l declined.
/ Gov. Seymour told me that when he granted
! Col. Wilcox permission to form Ninth Regi-
ment he had not fully understood the subject.
! lie offered me authority To tlkc charge OF the
/ regiment, aud place my officers aud men IN It
! Just as they returned from the war. | had served
thirty three years as a mllitanhn, was tired Of
| the militia service, and declined tie authority
| Col. wilcox importunsd NE for the flags. | pro-
! posed 10 deposit them amOug the archiyes at
! Albany, provided they were hed as the hags of
| the real Ninth, not Of the spurious Ninth.
could not ubt in Col. VII ox's assent TO the
provision, After Jim Fisks death Col. Hitch
! gard 70 the II tgs. | tod him that | did not
| think that ne or his regiment had any claim
! Thereupln he called IN an ofcer. who had been
! IN waiting IN the passage aud ! was arrested
| 1 wis discharged. Justice kipreth saying that
| NV arrest was an outrage. Then | Instituted
the s,nt TO recover damages for false iluprisOn-
| ment."