Year: 1866

| Hughes continued his argument for the prose.
cution, reading the report of Mr.. Riddles re-
marks, and in commenting thereon, he said the
jury would see that he had not overstated the
| arrogant assumptions of the defence. He might
| ask, as was asked on former occasion, oHaye
| we bourbon among us i' Is Baker so i'm
| maculate as to be made the guardian of the
morals OF the public officers of this country 7
| IL Baker ever acted upon the maxim, .' Evil be


nlm tnat evil thinks, and had done so in
| TINS instance, he might have been saved this
| trial His belief that Mrs. Cobb was doing
wrong was the suggestion of his own wicked


neart: II ne haa that con nyiction he had right
TO speak OF IL; but when he undertook TO act
| upon these convictions, and to arrest Mrs
| Cobb, ne did so 81 his own peril. and the best
excuse ms counCl can now give tor his law
less acts Is that he acted from pure and honest
motives. and desire 10 protect the honor OF
the Government. But the same malignant
feeling that infiuenced the arrest of Mrs. Cobb
| has permeated the defence throughout, and the
fact had TO be kept in the view Of the counsel
Tor the defence that il was L. T.. Baker who
was on trial, and not Mrs. Cobb But they
wanted TO put Mrs. Cobb on trial for her whole
life, and attempted to blacken her character by
the testimony of his CO. -conspirators and plot
ters In this scheme Of infamy; and he supposed
III eltner OF the other tools and conspirators
were indicted, Baker would no doubt return
them the favor they have done him, and at
tempt 10 swear them out of the scrape. From
the time when the immortal Curran cried ont
against spies and informers until now their
testimony has been damned in all courts of ms
ice, ana no jury Furnishes any one upon their
characters
generally old offenders against the law, and
nave ropes around their necks, as has this fell
low Hine. They live merely by sufferance and
are compelled to do the bidding of their mas
ters 1t is true they are sometimes necessary
as one OF the attendant evils of war, and by act
of Congress the President of the United States
was properly and wisely in vested with extra
ordinary powers OF arrest, for the purposes of
the more speedy suppression OF the rebellion,
and 1t was found necessary in some instances
to employ this detective force


Nv IIrnu uhoo "A a
contents who in war times saw the destruction
OF the Constitution in every act of the Govern
ment, and he was not shocked at the enlarged
powers granted TO the War Department Com
gress made ample provision for all exigencies
and very properly; and in thecase of the arrest
OF Mrs. Cobb, either an order from the Presi-
Gent or warrant OF a civil officer must be pre-
duced, or the arrest is unjustifiable. In regard
TO an order from the President this Court has
allowed the widest latitude and given the most
liberal instructions, and in another case this
oe1endant-for this is not the first time he has
been here on charge like this-was instru cted
from this bench, when the Court decided that
under the law the President could delegate his
authority TO the Secretary Of War to issue an
order for arrest and such order need not be in
writing. Again, the Secretary of War NAV
transfer his authority to the Secretary OF the
treasury, and therefore if there is any excuse
for this arrest it could easily have been legal
lzed. But, say the defence, the proceedings
respect for the President, ana were institnted
out OF Kindness te him, and out of regard to the
morals of the White House and the War Da
partment How easy would it have been for
the accused 10 have gone first to the President
stated the facts 70 him and obtained an order
from him II an arrest was deemed necessary,


Why did he not go! Because this allegation
was only offered by Baker when he found him.
self hard pressed ana wanted an excuse for the
fraud he had perpetrated upon this woman


was the vast machinery Of this bureau of de.
tecuves and the powers of this chief of detec-
tives and his tools concentrated to hunt down
such game as poor Mrs. Cobb, out of whom no
money could be madel No; but these men
who, In the dark lmaginings of their corruut
hearts, judged ali by the blackness of their
own natures, sought through Mrs Cobb 10
mailed.


When the counsel for the accused were ar
guing the instructions to the court a remark
was let fall to the effect that whate yer author
ny Baker had for the arrest he had seen proper
TO withhold it-a clear Intimatiop that he had
some authority, and was not a volunteer in the
matter. The statement was made in the pres
ence OF The jury, and he believed he had that
authority, but rather than bring the person
who gave the authority to light he prefers 70
suffer here. II was not merely an opinion of
has that he had authority, but he gives a PLAIN
intimation that rather than betray that author
Ity he will come up as a sacrifice. And this
suggests paragraph in the papers wherein is
distinct averment that Baker obeyed orders,
but That he would not be made a scapegoat of
But al the same time that il is intimated that
ne mad that authority, 1t is argued that Mrs
Cobb was net arrested, and counsel will ask





Mr.. Hughes admitted that in a time of war
there might be occasion for arbitrary arrests
but argued that there is no necessity for il in I;
time OF peace, and that when a clear case arises
where an officer oppresses q citizen the courts
wsuld make an example Of such officer


Referring to the plea OF not guilty, Mr..
HDghes said IL was incumbent upon the prose-
ton TO show imprisonment and IL they showed
any restraint OF the person whatever the case
was made out They do not show any order or
authority, and therefore the whole ouestion
yp
under arrest!


MI Hughes argued that Mrs. Cobb was cor
roborated in nearly all points by the testimony
for the defense, and if they had il in their poe
TO contradict her they would have summoned
some of the persons TO whom she went with
regard to the pardon. She did not go volunta-
rlly TO Bakers office, but under his persuasive
eloquence when he announced himself as Gen
Baker, OF the War Department; and as Mrs
Cobb was the only one present at Bakers pri-
yate ofice her testimony as to what transpired
was OF course uncontradicted. She even had
20 with her.


In good faith, and that he deserves the thanks
OF the public for what he had done: he under.
TOOK TO say that the act has no merit from be-
ginning 10 end, but the proof shows him TO
nave been guilty Of a reckless, false and law
less imprisonment Of Mrs. Cobb and malice
was apparent, for he had before attempted 70
nre, and his pride as detective was wounded,
although he did at that time tear the straps
from Mr.. Cobb's shou der. ..- Y .f|


Mr.. Hughes said they have ostentatiously
thrust into your very faces the grounds upon
which they say Baker made the arrest. being a
letter from the Secretary OF War, appointing
Baker Brigadier General for capturing the
assassins of the President That was a merito.
rlous service, and no one questions the fact that
Baker was good detective; bat il was enough
to pay him with money. No commission was
produced, and he thanked God that no Presi.
dent Of the United States has prostituted his
stgn-manual and put that mans name among
those Of the brave officers of the army. Mrs.
Cobb has accounted for every cent of the money
she received from Howell, and this great de-
tectye, with all his nets spread, has not been
able to find single clerk TO whom this money,
or any part of it, was paid. Mrs. Cobb was
open in her transactions. She Went to the
President, and he, with that Kindness and good
ness OF heart that characterizes noble nature,
received her kindly.


Referring to the argument that the pardon
business was immoral, especially when wo-
mans influence secured the pardon, Mr..
Hughes argued that the same objection might
be urged against any attorney, and that they
would subject themselves to arrest by this con-
servator of morals. 20 ss -1


Mr.. Hughes concluded his argument by say
ing that the last time that he addressed Jury
in this cOurt IL was in defence of a woman