Decatur Eagle, Volume 8, Number 46, Decatur, Adams County, 20 January 1865 — Page 1

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- =- --— ♦ I deot whisks ca« !~ I btAFFAiouse, I Decatur, Indiana, I C. RITRT, Proprietor, E-x TTiiJ, viv<> rood attention,'and make renll' A sonahle rharres. _ n3i-v6 'VA_ It l \ .TELLEFF. ’ PhvMcinu an*l nEC ATU R . INDIANA. ■ CTOFFICE-Il Houston’s Block, second over Drug Store. ||| vB-n!5. U David Studabaker, I ATTORNEY-AT-LAW I AND I CloJwi I RECKTUR. INDIANA, practice in Adams and adjoining M *V Counties; will secure bounties, pensions. all kinds of claims against the Govern17*0FPICE.—On Main Street, immediately of the Auditor’s Office. vfi-n 12 ■JAMES P. BORO. ■ ittornrv -oi'l Con-isolor »' Law, ■ i.vctTF't. H»T»v\. ■ Tr*>FF!o' ? ,in pecorder’s Office. rq. : ” th - " r *'"■ T” ,th >■’ .1 nd ci;d Circuit .V 4 end to the Dodemp «*f Lands, tho P ivm«*nt of ’’’nxcs. Especial ion wiil b<» jjiwi tn *h<' collection of I ■huunti*s. Pensions, and all claim 4 * against the ■AYDKKW SOR3. | PHY-Siniv and SURGEON, I DKCKTFR. TNOT\N\ | OFFICE —Mt*in St opposite M« ibcrs <t ■ ProDrV Go-mls^--e. vR >42 i •act-i a! Dentist. H Tam now prepared to front all I of teeth and moulh in - ; -L I ■‘u.% 1 urn >’•' prepared ‘insi-rt ,4rtifi-'J ' l ’?pth on Gold. ■jSI Silver or >t‘n Rnhl).*r. f-n •■» <V|P ’ ooth fn I■ nu pn’iro «u-t V»<‘onved fo P tl> filled w>h ■ lin f.*il or art : fic>?d h<»no. Sc’ipvv and t»Wh hw<| j n n f ( >w minutes, all of which I Be 'a : 1’ warrant. J doo**envth«f NuMman *t Crawford’s Sror.« n ft ♦’ e bricV. vR-n23 I David St dabaker’s PFAT. TSTtTE M the nnlV Lice--<.d in t'-«> county.now «»ff-r* so- sale n» hi« law office, in Docnt’ir. a fine ’of of valuable lands situate in different parts of |B Adams emm + v Tbocu. wishim* TO pnrrhnep will to well fn com«> to him Those "'ishi’ig to soil will da well to come tn him a t d sains, no chnrgoq. Tip /.a U. nl«o. T.iepn l, d f»» dmw Deeds and -11 other H t»«>m , » , on»c of wriiino*. and will do ‘’he ..mne ’-'»h nearness • d di*j■ • W Examiii er’s If oti ce. r r , EE under : "ned School fv« miner of Adams ? Conntv. Tm’rinn. will bold rxnndnation fi» Lie office in Decnhir upon lhe fourth ■ fhn f o llnw;.| ir nnmp.l monG.s. to wir—Jami n'v.Anrit, . T in •. March. Msv. I (*«•'■'!,).• r; am’ ’•non Sa*’ r i'*dnv of Sr-nteifij ><‘r. Qcthber and j Nh’.'^rrxb--. Exercises will each day B at t-n ■’dff’V. ■>. m. w,..,pi u . w ;i] phflao hour »n tp : H 1 that th. r< m- - ’* l u . <>n ♦.rjvnte pvqnib<n»?. »>)•< - ’■••n. th» nr nlirant can show th. re isactua: neoesjty Sz"h.< - 1 o'nrr’-r!. ?»n 1 nfhnr frmM I® n e e-bicatjon ■ »>!•'’<••••■ Trillv invited to be i :•.!t'-ndanr■•. A ppl"*nnt« with whom the examiner is not ■ v»»’«..nn]lv 'cq’iainted wjj| be vequ*r<‘.| fopres- ■ **nt a certificate signed"bv a pronii out citizen of the county to the effect, that said applicant sustains a good moral ch nrnr*er. J. R. 8080, Examiner. Mav SO, 1863 Adams Countv. I 'STIIITAHEADr AT THE FANCY STORE "J S bound to be ahead I "N. B. SHOEMAKER, la now filling his Fancy Store ’'th FANCY GOOPS for tho Ladies, which he has recently purchased for C ASH, and wil{ offer some bargains that would tempt a miser. Mr goods are of the Latfst Stylfs and of the Vfry Best Material I have on hand a splendid lot of CLOAKS. and prices low. Also, a beautiful Assortment of DRESS TRIMMINGS that cannot he surpassed anywhere in the West }food« and Nubias in endless variety. Trimming done in the Latest Styles and at prices Io suit the times. All I ask is to call ami sec for yourselves I will guarantee to suit you. Also, a fine stock of Furs, Hats, Caps and Bonnets, Gloves, Hosiery. Ac. Don’t fail to give hip a call, before purchasing, as I intend to make it to your to buy GOODS m my line at my lishment. fi ' S December 2,18t>4.

FORT WIDE WYERTISmXTS. Large Fall & Winter Stock OF READYMADE Clothing. j TIEME & BRO., Fnshionnble Tailors, FortWavne, Indiana. MEYER & BRO; Wholesale and Retail Dealers in Drugs and Medicines,! Paints, Oils, French and American Window I Glass. Dvf‘ Stuffs. Brushes. Spices. Liquors and i Wines. Coal Oil and Coal Oil Lamps. <fcc. TTXo. 95 Columbia Street, Fort Wayne, Indiana. vfin3B

B. W. OAKLEY, Wholesale Deafer in Hardvrare and Stoves, Affif! MnniiffßCtnrer of TIN”, SHEET Iron axd copperware, AT THE GRANITE STORE, No. tfl Columbus Street, v4n2l '<■ Fort avne, Ind. P S UNOWT ILL -DEAT.FR INMarble Monuments, '.IEAD-STIXES. V IX T TLE«, «&c., FORT-WAYNE, IND. Tvk <’onp to orler on the shortest notice Lan-' in ho neatest nnnner v5n.19 S, PATTERSOX, \gent. I J. J. KAMM. J. R. M’CURDr. J J. KA MM & CO . WHOLESALE AND RETAIL DEALERS IN Paints, Oils, ’’•arnislie*. Brnshe , GLASS, WiLL PAPER, 'Yin-low Curtain and Fixtures, etc., Xo. 57 Cfi.nvaiA Stfet, Fott Wavnk, Ino. I Julv 9'. IgG l. I. LAUFERTY. I NTn. 91 Columbia Ste»-t. one donr west of Brandriff’s Stove wd Hardware Store, FORT V; VNF, IND., XX t GULD sav to the üb]ie in general that he ’ V V is determined tmp]l DRY GOODS, Bonnets Hats, Flats, Carets, Trunks, <tc , drc.. cheaper than anv othe House in the city, or I* country—A r n mw/ate. Also, Home-made. R< dv made clothing, or ’ made to order— COUMTHY ’ j suppbed cheant-r than ny other House in the • I weJ of the M Min’f-ains. Call and see before i purchasing elsewhere. N”o trouble tn show ’ i goods. 1 T LAUFERTY. Xo. 9llolumbia Street. i vsn4l Fort Wavne, Ind * I i), F. (’osparet, PORK PICKER. Wl & OHSSION Merc ha n t, FORT WAYN, IND. General Dealer in tl! kinc of Grain, Seeds, - Fish, Salt, Produce, Agricultural Im.pl ewnts t d'e , ; Best Brand Famly Flours. Liberal advances made on loduce, etc. _ ___ v6o44tf i 0. L. HILL’S Piano Forte IV,rerooms and Music sire, No. 54 Calhoun street, Foi Wayne, Indiana, opposite courtiousn. | The largest Musical listrumont Warcrooms in thereat. Keeps constantly on hand atrge assort- j ment of PIANO FORTES. CABSET ORGANS <fe MELODDNS j From the best Manufacturers Sole agent , for Steinwav <fc Sons. N» York.— [ Chickering & Sons, Boston. Zm. Knabe ■ <fc Co., Baltimore, whose Phos are acknowledged bv al! first class musicians j the best in the wori. Also, Pianos from many othefirst class Manufactures. S. D. & HSmith’s and Mason & Hamlin's hston ' Organs, Harmoniums id Melodeons. The best instruments manufacture!'! America. Also, all kinds of small instruents, such 11 ■ as guitars, violins, flutes, accordeis, drums I ', ic., Music books, instruction bcokand sheet -, ’music. !' My arrangements with msnufikirers are ' j such’ that I can make it to the inteat of pur I chasers to buv here instead ofcoingirther. as , 1 i I shall certainly sell as low if not iver than ' , ■ the manufacturers. ' Having secured the services of a -rapetent 1 ' Tuner. Piaxos and Melodeovs wilie tuned j I and repaired in the best possible miner. Fort Wayne, June 4.1864.—1 y

“Onr Country's Good shall evar be our Aim—Willin’ to Praise and not afraid to Blame.”

DECATUR, ADAMS COUNTY, INDANA, JANUARY 20, ISIL.

I k r TE-' Idecatur eagle, 'issued EVERY FRIDAY MORNING I SY D. J. CALLEN. R> D< HUPGEL. pH IE Ji & EIDS El, rrSLtSHERS AND PROPRIETORS. OFFICE—-On Monroe Street in the second 7®- v , ! 1P building, formerly occupied by Jesse Xiblick as a Shoe Store. Terms of Subscription; One copv one year, in advance, $1 50 Ts paid witlrin the'ye.ar, o f)0 If not paid until the vear has expired, 250 ' irXo paper will bo disconlinue-i’until all a-rr rages are paid, except at the option of the . publishers.

— Terms of Advertising: I One Square fthe space of ten lines brevier] three insertion#, m oq I Each subsequent insertion, 59 ,; O’No advertisement, will be considered less than onesquare; over one square will be counted and charged as two; over two, as three ,tc 0’,4 liberal dis-ount from the above rates made on all advertisements inserted for ape noil longer than three months. 1 Il ' Local Notices fifteen cents a line for each * insertion. Job Printing’. _ We are prepared to do all kinds of Plain -nd Fancy Job Printing at the most* reasonable rates Give U s a call, we feel confident that satisfaction can be given. ARGUMENT or [John P, Morth, Esq., TN DEPENSR np fill. L P, HILUM, On Joint Trial Fur Treason And Conspiracy With Messrs. Bowles, Humphr ys. And Horsey, \t Indianapolis, December Before A Milito.ru f Cojnwwion Composed Os The FollowI iny officers : I. Brevet Brigadier General Silas Col.‘grove, U. S. Vols ; 2. Colonel William jE. McLean, 43 Inf., Ind. Vols.; 3. Colonel Ambrose E. Stevens, of Michigan, . A . R. C.; 4 Colonel Thomas I. Lucas, 16th Inf., Ind. Vols.; 5. Colonel Charles D. Murray, 89th Inf., Ind. Vols.: 6. Colonel Benjamin Sponner, 83d Inf., Ind. Vols.; 7. Colonel Richard P. De-j Hart, 128th Inf.. Ind. Vols.; 8. Colonel Ansel D. Wass, 60th Mass. Inf.; 9. Colonel Reuben Williams, 12th Inf., Ind. Vols.; 10. Colonel Thomas W. Bennett, 69th Inf., Ind. \ ols ; 11. Lieutenant- 1 Colonel Albert Heath, 100th Inf., Ind Vols. Major Henry L. Burnett, Judge Advocate Department of the Ohio and Northern Department, — [ Continued] But I must return again to the coftsid - eration of that obligation, as it is the only prop upon which the prosecution can rationally lean in its claim that the order was a conspiracy per se. And I now subnvt, that its meaning must be ascertained by the same rules that other writ- . ings are construed by the courts, that is, by the rational import of the woids tak- ' on in their ordinary or common acceptation—'hat sense in which they are gene- ' rally used and received. For otherwise Low are the members to know the mean;ing of the obligation ; especially in the absence of such lights as Capt. Berkyhill, Westly Tranter, and John W. Stone. Let it be borne in mind that this order was secret, and therefore there could be no motive for making the obligation mean more, or different, than what the langu-i age imported. I submit, therefore, that I the commission will not fee] called upon jto adopt any new rule of interpretation, ! ;not heretofore known to judicial invest!-1 lg<"Lin%in order to make offensive that which is otherwise harmless; and espe. cially against such an array of testimony to the contrary. If the order of American Knights or Sons of Liberty is a conspiracy per se, yet; it is only a conspiracy to do what the rational import of the obligations, the ritual, and the declaration of principles imposed tipon its members at the time they became such. And, therefore, no after agreement of certain of its members I

I i no matter how high in rank, to do a particular thing, not within the purviaw of t tie Order, can be charged to the Order, nor to any of its members not actually a party to such subsequent agreement. i This I submit ns a legal proposition, and ■ challenge contradiction To make the aqt or declaration of a coh«nirator binding ! u oon another, it must be made or done t in pursuance of the originally concerted 1p! in, and with reference to the common j j object. 1 Greeni. Ev., § 11 1, et seq ; 2 1 ! St srk. Ev.. 233, et seq. Let us apply this principle. And hero ; I 'rill assume, with all confidence, that it will not be held that any of the obliga-. lions of tha Order was an agreement that Gamps Morton, etc., were to be emptied of their prisoners. If that wa« agreed to,

j who were the parties to the agreement ? From the evidence, if ’it was agreed to 1 at all,, and was not simply an open pro- > posit; on of Dodd ; or if you choose to give it the latitude given by that ‘-mud-silt” ■ of infamy, who, after being on joint trial for th.ree weeks, turned inlormer in order 1 to purchase his own release, illustrating the t ruth of the adage, “that it is always i the biggest scoundrel that turns State’s evidence —ol that creature — but I will 1 not s.peak of him ; contempt has the pro- . . perty of descending very low, but to even | that there is a limit, and it therefore j .stops far short of Horace ILffren. I repeat that it we adopt his statement that I the parties to the conspiracy to seize the i arsenals and liberate the prisoners, con- i : sistfid of delegates from all the States but; , two, and that all the delegates were Sons | of Liberty; yet, unless that conspiracy! j comes fairly within the purview of the ' Order, it implicates no one but the parties actually agreeing to the unlawful . undertaking. Then, although Dodd, Fleflren, Wilson and others may have .conspired, still it was only their own conspiracy, in which Mi. Milligan and, ; other of the defendants are not shown to | have had any part, or even knowledge, ' ! and are, therefore, not conspirators with Dodd. Hence their declarations and admissions are not legitimate evidence against this defendant. For example : Suppose that a. conspires with B. to rob | the mails, and that during the existence! ! of that conspiracy B. conspires with C. to kill Gov. Morton, now upon the trial of a. for the latter conspiracy, the declara-' tions of B. nnd C. would not be competent, although they are parties to another! I conspiracy. Thus certain persons be- I ! came members of the Sons of Liberty ; a I part of. them afterwards conspired to seize j ; arsenals and release rebel prisoners, &'c., ! without tbe knowledge or consent of the ! others. Can these members, by any ' principle of law, be bound by the declara- ‘ 1 tion of those other conspirators, or be i . held to answer for their acts ? Why the ' evidence shows that Dodd not only con-j ' template d duping and inveigling the Sons! ;of Liberty into his scheme, but also the; j whole Democratic party. You might, ' therefore, with as much propriety hold the individual members of that party re-1 I sponsible as the individual members of I 1 the Sons of Liberty, who, like Mr. Milli- ' ■* • I gan, (I speak by the evidence.) had no knowledge of it whatever. Says Mr. 1 Justice Buller, in Hardy's case ; “Before ; the evidence of ths conspiracy can affect 1 ; the prisoner materially, it is necessary to I make out another point, to-wit, that he consented to the extent that the others did.’,' 2 Stark. Ev., 234. So in the course or the same trial, says Mr. Roscoe, “It was ) said by Eyre, 0. J., that in a case of I conspiracy, general evidence of the thing ! ! conspired is received, and then the party ; before the Court is to be affected for his i I share of it." Ros. Crim. Ev., 414. “The rule," says Mr. Starkie, “that/ i one man is not to bo affected by the acts and declarations of a stranger, rests upon the principles of purest justice ; and al- ! though the Courts, in cases of conspiracy. [ have, out of convenience, and on account of the difiiculty in otherwise proving the guilt of the parties admitted the acts and ' declarations of strangers to be given in I : evidence, in order to establish the fact of a conspiracy. It is to be remembered i that this is an inversion of the usual or-!

Jer for the sake of convenience, and that such evidence is in the result material so far only as the assent of the accused to what had been done by others was proved." 2 Stark. Ev., 235. If insurrection was one of the purposes - es tbe Order, why was not that subject| introduced, discussed, or wuggested in some ol its business me.-tingu, where none but those in the secrets were supposed toj be present? and yet neither Government, defectives nor truckling accomplices ever heard of it. But it is s tiff that there vas ' an inner circle of the Order; that is, the; military part of it, and that that was ; treasonable. Harrison states that the 1 Order was fully instituted at Terre Haute, j and a Grand Council organized. In this organization there was no military sea- 1

? ture, and it was not till long after that what was termed the “military bill,” or . military feature of the Order was gotten . ; up ; and yet while all the other proceed- ’ ; ings of the Order, including reports from ; county Temples, were printed and circur dated, this “military bill” was not.. In , fact, it remained a dead letter, and was . j not even known to members of the Grand Council, as we are informed by witnesses : of the moat honorable character, such as ..Judge Loughridge, and Messrs. Bird, loach, and Winters, all members of the ! Grand Council, and vet who never were IJ■ . ‘ advised of any other than the political I character of the Order. Tim military, therefore, hever was a feature of the Or- . der, and if it existed at all, was only a ; part of an independent conspiracy of Dodd and others. I come now to the consideration of an-, j other inquiry, to which I respectfully ask your attention. Is there any legal evi--1 -dence of a conspiracy even on the part of 1 Dodd and others ? Do all tbe acts and . declarations proven make out a conspiracy within the meaning of the law ? AL ' though I insist that Mr. Milligan is not .concerned in this inquiry. “A conspiracy is a corrupt agreement to do, by ceneerted action, something unlawful.” Bishop, supra. Let us, then, see what, if anything, was agreed upon—for if what I is charged was actually agreed upon, I will admit that it is both corrupt and uni lawful. it is claimed that the masting at Chic- ' ago, of July 20, 1864, conspired to seize ! certain arsenals, release rebel prisioners, and revolutionize the Government. But j what evidence has been given in support ! of that proposition ? Heffren swears that Wilson told hifn| j that this uprising was agreed upon all ! Chicago. But Wilson, who was there.! ' swears that no business (to his knowl- ' edge) was done at that meeting. That ■ Barret, who had called, it, said it was to be a meeting of military- men, but that I they had not come. Wilson tells us thaii ■ several plans were talked of—that Dodd’s, ! plan seemed to meet the most favor, but I ! was not agreed upon. This is certainly ; . better evidence than the hearsay of Hes- - fren ; besides, it is corroborated bv tbe j I testimony of Harrison and Hingham, and ' 1 also by the very character of Dodd’s 'plan. What did Dodd tell Harrison?; I ‘ ' He says: ‘‘if it was agreed upon, be (Dodd) was to have charge of releasing i .the rebel prisoners at this point.” 1 .1 I Again, Harrison informs us that Dodd] ♦ ; told him that it was not tiaaily agreed ! I upon, but depended upon a consultation 11 I of prominent individuals whom he was toj summon together for the purpose of de-! termining as to his plan. And here > ; flows in an item of evidence which cannot; be explained on any other principle than I that this uprising had not been agreed upon. It is this: Dr. Bowles (as the ! evidence clearly shows) was at the Chic- ; ]ago meeting. Now had the uprising, been agreed upon there. Dr. Bowle s , would have understood the whole affair.! I Why then would Dodd send his son for him (as Harrison says) to consult upon the proposition ? The evidence also 1 shows that it was for ths purpose of con 1 sulfation that Milligan, Humphrevs, ] Yeakle, Taylor, uhd others, were summoned by Dodd. Nor was this call confined to the so-called-Major Generals, ! but embraced others, to wii: Yesklc and |

50. 46.

Taylor. They were rot ordered to report to Dodd for duty, but w«-r* to c< 0sider the propriety of An uprising, and to decide whether or not it should li.Ro place. All of Dodd’s deebtratlnns eh.iw that | the uprisin’g was not agreed npoa I v the very parties without whose Consent a.id co-op.;ration the thmg criul l not be initiated., Yott will remember the fact that the meeting in Chicago was on the 20th of July, when Dodd was in Company with Judge Bullitt ; that immediately upon his return borne, he communicated tbe matter to Harrison, who fixes the date of that return st the 29th of the same month ; and also that -the proposed uprising was to take place on the 16th of August. Now is it rational to suppose

11 that had the scheme’been agreed upon at 1 Chicago, to take place within so short a i period, that Dodd, who is represented to be an impetuous, hasty man, would have 1 slept un'il more’ tl in on -third of the . time had elapsed, before he had made 1 ; any move 'towards preparation that nec- <' essarily would rsquire so much time in 1 J maturing ? The id.-a *is preposterous—- - j the impetuosity of Dodd would have put othe thing in motion at once. But we . ■ have the sworn statement, of three of the ■' Government witnesses that the uprising had not been agreed upon, but wm > 1 awaiting the sanction and co-operation of others, whose concurrence was necesairy. Not only does Wilson &■ Harrison state that the project was not agreed to, but Bingham, to whom Dodd divulged bis whole plan, and who according to Dodd’s I statement, was the only person to whom it bad been revealed, informs us that I Dodd’s scheme required his consent, as a condition precedent.- That he ( Bingham) as chairman of the Democratic State Centra) Committee, must agree to it, and co-operate with him, by calling a mass convention of the Deruorracy ol the State as a part of the programme, without which co operation on the part of BingLam the whole thing wauld have io be abandoned ; as it otherwise could not receive its initiatory impulse. Now this whole tl.inrf is consistent with itself, for the commission will bear in mind Mr. Harrison’s testimony, that Dodd instructed him. when he sent him to notify Mr. Milligan to attend this council of the leading men of the order, not to inform Milligan of the nature of the business : but merely to ’state that business of a ; very impoftant character would be coni sidered. J ask here (by wav of digression) does this look like Mr. Mllli.ran knewjof the scheme, when it is further rrmembered thathedid not attend the proposed eounj ci! ? J respectfully ask the learned Judge 1 Advocate to answer this if he can. iJ he .was a co conspirator with Dodd, why I keep him in ignorance of the project? ; Wby instruct his messenger to observe I silence as to the proposed revolution? I Does it not show that Dodd considered ; Mr. Milligan as only belonging to the political, or Tttther, the silly ahd Larra’.ess branch of the order, although he had appointed him a Major Generr .1, and hoped to inveigle’him into liis plots 0 —! submit to you, as rational ftierf. rhat this one circumstance is a complete refutation of the whole charge that M r Milligan was a party to Dodd’s propos r d conspiracy. But to coins back, 1 inqu re the pur- ’ pose of calling these 1 n together, if it had been agreed tipo D ; especially whykeep Mr. Milligan 1 0 ignorar.ee of the matter . Mby instr j, t Lis messenger to keep him in the darl ; ? Did he mistnist his messenger? V. f as he unwilling to i entrust so import mt a secret to him? '.Why, the evidence informs us, that lie had already imp arted the whole matter 'to him, and mus’ 1 , therefore have regarded his measeng <-r, as trusty. Then it will be ren eoib. ired ih«t the prosecution insists, that acc muling to the constilu'..’oa of the order t'je tnemhyrs w. re to obey the commaude of the (ifand Commander, then 1 as k, if '.his scln me had been agreed upon, where was th.- necessity of calking- . these rtien together ? He eonld have assigned to each bis du'v and implicit eba4it>';ice rsust be the 11 -ult. I J Ta be continued m x/week ]