Year: 1862




Restored to MIR. Guthrie-The Police
Ccnsured by the Court.


UNITED STATES DISTRICT COURT.


Before Hon. Judge Smalley and jury.


MAY 29-The Cnied States Sirtyone Tennessee Bonds
dc.-This cause (reportcd in Thursday HERALD
continued. The novelty Of the questions involved and
the large amount at issue attracted quite audience
Mr.. Boughton, bookkeeper at the Fifth Avenue Hotel,
examined and testified that Mr.. Guthrie, the claim
ant Of the property, paid his bill the goth of last
August up to the next day. It then admitted that
the letters offered by the United States Attorney
tho found Mr.. Guthrie by the police and subse
quently handed to them by tho District Attorney.


Mr.. Evars moved that the jury be instructed to find
verdict for the claimant On the evidence presented for
the government.


Mr.. Z. Deafsld Smith, United States Attorney, con-
tended at some length that the act Of July 13 for
20 tho nsurrectionary States after the Presidents pro-
clamation OF August 49, Secondly that any act show
ing preparation for removing property any step toward
such removal and any act evidencng clearly design
to ovade the law, brought such property within the view
Of this act. Thirdly. that the evidence in the cause
raised strong priMd 0ce of violation OF the law


Mr.. Evarts replied, contending that the act only
constitutional being sustained under the power Of
the government That the evidence showed no complete
design TO remove this property To tho South. That the
act under which this suit brought did not contem
pa any SUCH seizure or forfeiture as that Aow sought
to be enforced. Is
First that the act Of July 13 was revenue act, and
covered only goods chattels and merchandise"
or such property properly cognizable under
revenue act that il did not embrace chooses In action
such bonds, stocks and the like nor even money.
Secondly, that the evidence did not show any design
intention Of Guthrie proceed with this property 70
the South On both these grounds he directed tho jury
TO render verdict Cor the claimant which was accord
ingly done. u&I .MH tat


Ths District Attorney then moved for certificate Of
probable for the United States Marshal and the
detective police in making this seizure


Mr. Evarts opposed the application.


Judge Smalley said that nasmuch the seizure Of the
property and the arrest Of NJ Guthrie made
after the proclamation OF the President issued and
certificate The Court added that the and seizure
from the reasons named by him. and that after Mr..
Guthrie had been examined and rolessed from Fort
lafayette loyal man. his second by the police
authorities high handed aud very unjustihIDle in
deed and he reason, whilst there federal
officer and his deputies in this district that the police
should unwarranably interfere with their duties; that
had such second arrest been properly before him IN con
nection with this cause he should hesitate very long
before no would give any certificate Of probable cause


The District Attorney then rose and said that during
last the police had been OF great service to the
government by their vigilance and activity.


The Court added that 1t only commsnted on what was
before 1t connection with this Cause, and the fact OF
the second OF decided upon examination TO
be loyal.
Mr. Evarts took exception to the certificate OF pro-
bable cause with view 70 Interior proceedings to be
sued by Mr. Guthrie against the parties who arrested
him without warrant or authority.


The property was handed over TO Mr. Guthrie.