Roe, Third Infantry, and 19 enlisted men, for Vienna, La. Deeming my personal presence of great importance in that place, I rode on ahead of my troops with Lieutenaut Roe and Mr. Hardy, a lawyer of Monroe, and arrived in Vienna on the afternoon of the 7th instant, several hours in advance of the command. I found everything quiet, but also saw that there was a deep feeling of resentment among the people against Lieutenant Hodgson, and that the first thing to be done was to change the feeling, if possible, so that I could control it. I visited the prisoners at once, found them guarded by a posse of citizens, which I relieved, immediately upon the arrival of my own troops, with a heavy guard of soldiers. Soon after Lieutenant Bell reported to me with the cavalry. As soon as possible I stationed them in close proximity to the jail, and, in a military point of view, was master of the situation so far as the personal safety of the prisoners was concerned. On the 8th, Lieutenant Roe, by my orders, returned to Monroe to make arrangements for supplying the command with forage and rations. Tuesday evening, 10th, Lieutenant-Colonel Morrow arrived and assumed, in connection with Mr. Hardy, the legal management of Lieutenant Hodgson's case. The troops remained in camp, guarding the jail, until the morning of the 13th instant, when, in obedience to telegraphic instructions from headquarters district of the Upper Red River, I returned to this post with my infantry command, furnishing a detachment of two enlisted men to Mr. Dinkgrave, United States deputy marshal, for the purpose of aiding him in guarding Mr. Seelye, a prisoner in his custody. In regard to the legal management of Lieutenant Hodgson's case, I can only give a meager report, consisting, in fact, of a bare statement of facts. Not having received a legal education, I was only consulted by Lieutenant-Colonel Morrow and by Mr. Hardy, before the former's arrival at Vienna as a United States officer, on the bearing which such and such a legal course might have on the honor and interests of the Army, and in some measure on those of the country. The facts, as I remember them, are as follows: Lieutenant Hodgson, Seventh Cavalry, was brought before Judge Trimble, of the eleventh judicial district, State of Louisiana, at 10 o'clock a. m., 7th instant, charged with contempt of court, in refusing to obey a writ of habeas corpus issued by the said judge. He was sentenced to be imprisoned ten days, fined $100 and costs. On the 9th he was brought before Judge Trimble on petition for a rehearing of his case, and the judge reversed his sentence at once, giving no opportunity for argument. I placed Mr. Hodgson under arrest at once to enable me to hold him in custody as a prisoner of the military authorities, in case any new proceedings should be taken against him. On the 11th, Lieutenant-Colonel Morrow went into court and addressed the judge, stating that Lieutenant Hodgson was in custody of the military authorities and would be tried by court-martial, and requested the judge to waive all civil proceedings until his trial was concluded, to which the judge consented. The same afternoon a true bill was found against Lieutenant Hodgson by the grand jury for injuring the wires of the Western Union Telegraph Company. On the 12th instant, after consultation of all the military officers present, with Lieutenant Hodgson and his counsel, Lieutenant Hodgson went before the court, pleaded guilty to the charge, and was fined one dollar and costs. The costs were generously remitted by all concerned. Lieutenant Hodgson was temporarily released from arrest by myself, to enable him to do this. Immediately after he was again placed in arrest, by written orders, hereto annexed, and was brought to this post in obedience to telegraphic orders from headquarters district Upper Red River. I will forward copies of the telegraphic messages ordered as soon as I can. Your attention is respectfully invited to telegraphic messages marked 12 and 13 from headquarters Department of the Gulf, which I do not understand. If any additional military action was ordered than that which I have described above, I never received the order. I will write to the telegraph operator at Vienna for copies of all my messages to General Merrill, and will forward them as soon as obtained. Very respectfully, your obedient servant, GEO. E. HEAD, Captain Third Infantry, Commanding. ACTING ASSISTANT ADJUTANT-GENERAL, [Special Orders, No. 1.] HEADQUARTERS UNITED STATES TROOPS, VIENNA, LA., Second Lieut. B. H. Hodgson, Seventh Cavalry, is hereby placed in arrest for unlawfully, wantonly, and maliciously cutting the wires of the Western Union Telegraph Company on the 25th October, 1874, at or near the town of Vienna, La., in the parish of Lincoln and State of Louisiana; also for using contemptuous, disrespectful, and un officer-like language, on the same date, to the Hon. J. E. Trimble, a judge of the eleventh district court of the State of Louisiana, in a matter of habeas corpus, issuedby said judge for the bringing before him of certain prisoners in the possession of one Edgar Seleye, a deputy marshal of the United States. GEO. E. HEAD, Captain Third Infantry, Commanding. MONROE, LA., November 16, 1874. SIR: In obedience to telegraphic instructions from you, calling for a detailed report of occurrences of my arrest and subsequent proceedings of civil authorities, also of orders and instructions received by me, of my action thereon, and for the cause of disobedience of said orders, if any such were not obeyed, I have the honor to state that I was arrested at this place on the 6th instant by the deputy sheriff of Lincolu Parish on a warrant for contempt of court, which contempt consisted in my alleged refusal to obey what purported to be a writ of habeas corpus issued by the judge (Trimble) of the eleventh judicial district of Louisiana, in which so-called writ my name did not appear, neither did my military designation or title, and which writ was not served, or attempted to be served, on me. It (the writ) was addressed to the sheriff of Claiborne Parish, La., commanding him to produce, in Homer, La., the bodies of certain prisoners in the custody of Deputy United States marshal Edgar Seelye, which prisoners were in charge of my detachment, his posse, and directing him (the sheriff) to show what cause, if any, Seelye had for detaining said prisoners. The sheriff arresting me was provided with a warrant, which he showed me, and was accompanied by a legal posse of between twenty and thirty men, and in the streets of this town and of Trenton, immediately opposite, were several hundred armed men, mostly mounted, acting as volunteers to the sheriff's posse, many of whom assisted in the search, which resulted in the capture and arrest of Seelye. On arrival at Vienna, on the 7th instant, it being Saturday, and knowing my attorney could not arrive from Monroe until after court had adjourned that day, and the following day being Sunday, I went before Judge Trimble and made a truthful statement, setting forth the same facts connected with the writ of habeas corpus stated above. The judge sentenced me to pay a fine of $100 and costs, and to be confined for ten days. I remained in confinement until Monday, 9th instant, when my counsel secured a rebearing of my case; but when brought into court, without an argument being presented, the judge revoked his order and set aside my entire sentence. On the 12th instant the grand jury of Lincoln Parish found a true bill against me for injuring the wires of the Western Union Telegraph Company, and before being arrested by the civil authorities on this charge, I went into court, pleaded guilty to the indictment, stated extenuating circumstances, and, without any arguments on either side, was fined $1 and costs. The district attorney, and all others who had costs in the case, waived them, and my fine was paid, which closed all proceedings on the part of the civil authorities. I would state in this connection that I was at the time in arrest and in custody of the military authorities, confined to the limits of camp, and waived such arrest, (the civil court having agreed to suspend action until after a military court had tried me,) and by the advice of General Morrow, and Mr. Hardy, my lawyer, and the officers of the Army at Vienna, went into the civil court, as above stated. The orders I received were to have a petition filed for transfer of my case to United States court; to report for what I was arrested, and to join my company with my detachment on arrival of General Morrow, also to obey all instructions of General Morrow. I was informed by my counsel that in the "contempt case" there was no appeal, and on the arrival of General Morrow, he agreed with that view, and even had there been, I would have deemed it better for my interest to have a reversal of the judgment than to answer for it in United States court. In regard to the charge of injuring telegraph-wires, all agreed that such a case could be transferred, but by advice of all friends I thought it more to my interest to close the case, and receive the nominal fine, which I was assured would be inflicted, than to be put to the further trouble and expense of a trial before the United States court. The above are the reasons why orders relative to transfers were not obeyed. I was personally in trouble. I had a lawyer whom I alone would have to remunerate, and my only object was, through him, to extricate myself as quickly and as honorably as possible. The order from you directing a compliance with General Morrow's directions is, furthermore, a complete justification of any want of obedience to your other order, relative to transfer of cases to United States court, for that officer advised me to the course which I took, and, indeed, addressed the court in my behalf. All other orders were obeyed. I would respectfully state, moreover, that when in the custody of the civil authorities with indictments hanging over ine for alleged offenses against the civil law, which it was asserted I alone, had committed, I regarded your order relative to my case more in the light of suggestions and advice than in that of military directions from a commanding to an inferior officer. Respectfully submitted. Maj. LEWIS MERRILL, B. H. HODGSON, Second Lieutenant Seventh Cavalry. Seventh Cavalry, Commanding District Upper Red River. Telegrams sent and received appended to report of action taken in matter of arrest of Lieut. B. H. Hodgson, Seventh Cavalry, and Deputy United States Marshal Seelye, by State ciril authorities at Monroe, La., November 6, 1874. No. 1. Hon. Frank Morey to Major Merrill. MONROE, LA., November 6-4.40 p. m. Lieutenant Hodgson and Deputy Marshal Seelye arrested just now by sheriff Lincoln Parish, and two hundred men, and taken to Vienna. Twelve cavalrymen have followed for protection in case of attempted mob violence. Additional force should be sent at once to Vienna; a deputy marshal will be there to report to. men. No. 2. Major Merrill to Captain Head, Third Infantry. SHREVEPORT, LA., November 6. Am just informed that sheriff of Lincoln Parish has arrested Lieutenant Hodgson and Deputy Marshal Seelye, and taken them to Vienna with a posse of two hundred Move to Vienna at once with every disposable man. Inform the authorities immediately upon your arrival of your instructions, which are as follows: Interfere in no way with the execution of any lawful process issued by competent authority and in proper hands. Offer your services to the sheriff to guard the prisoners, with the assurance that you do not propose to interfere with his legal authority, and will not release the prisoners from his custody except by proper order from such civil functionary as he is in law required to obey, and will be responsible that the prisoners are forthcoming to answer any legal process. That you are further instructed, and will, at all hazards, protect the prisoners against any illegal violence; and this you are hereby instructed to do. A company of cavalry will be sent to report to you at Vienna at once. Report by telegraph everything that should have attention, and at the earliest possible moment, the cause of arrest. No. 3. Major Merrill to Lieut. B. H. Hodgson. (Sent to care of sheriff at Vienna.) SHREVEPORT, LA., November 6, 1874. Demand of the sheriff to show you his warrant of arrest, and if he has it the affidavit upon which it is made. Telegraph me at once the offense charged in the affidavit. You will be protected from any unlawful violence at all hazards, and measures taken at once to legally release you from custody. No. 4. Major Merrill to Adjutant-General Department of the Gulf. SHREVEPORT, LA., November 6, 1874. Following dispatch just received from F. Morey: "Lieutenant Hodgson and Deputy Marshal Seelye were arrested just now by the sheriff of Lincoln Parish, and two hundred men, and taken to Vienna. Twelve cavalrymen have followed for protection in case of attempted mob violence. Additional force should at once be sent to Vienna. A deputy marshal will be there to report to." I have sent orders to Captain Head, at Monroe, to proceed at once with all his disposable force to Vienna, and at all hazards prevent any illegal violence toward these prisoners, and shall at once send a company of cavalry from here to report to Captain Head at Vienna. Instructed him not to interfere with any lawfully executed process, and to inform the authorities that he is so instructed; but that he is also instructed to protect the prisoners against violence. Have you any further orders? I have no information whatever of the cause of the arrest. I would go in person at once, but for the fact that I fear it will be regarded as an attempt at forcible release, and cause the whole White League force to go there. No. 5. Captain Head to Major Merrill. MONROE, LA., November 6, 1874-7.45 p. m. Have already sent all I can spare. Who accompanies Lieutenant Hodgson for protectection? Infantry in this afternoon from eighteen miles' march. Mules nearly dead, and cannot move infantry before Sunday, and then not more than six men, probably. I anticipate no danger. Please answer at once. No. 6. Major Merrill to Captain Head. SHREVEPORT, LA., November 6, 1874. Go yourself at once with all the men you can take. If necessary, hire transportation for seven days' rations for your own command and five days' rations for thirty men from here. Telegraph to me at once all you know of facts of arrest, where and when it occurred, and what is alleged to be the reason for the arrest. Nothing would excuse authorities if any unlawful violence were done these officers. Read my dispatch to Morey. No. 7. Assistant Adjutant-General to Major Merrill. NEW ORLEANS, LA., November 6-9 p. m. Your dispatches in reference to the arrest of Lieutenant Hodgson are received, and your proposed action is approved, though no official report of the charges against this officer has been received and no reply been made to the inquiries addressed to you in reference to reports concerning his conduct. Use all expedition possible and all the force at your command to prevent violence, if necessary; but instruct all your officers to be very guarded in aiding to enforce one law not to violate another. No interference is to be made with the legal process, except to have it, if you can by legal means, transferred to the United States courts. By command of Colonel and Brevet Major-General Emory. No. 8. Major Merrill to assistant adjutant-general. SHREVEPORT, LA., November 6, 1874. Will proceed, if possible, under statute, to transfer jurisdiction in Lieutenant Hodgn's case to United States court. Do not yet know what offense is alleged, but think It probable this can be done. S. Ex. 17-3 No. 9. Major Merrill to Frank Morey. SHREVEPORT, LA., November 6, 1874. Employ competent legal advice for Lieutenant Hodgson, and send him without delay to Vienna. See that he has with him Brightley's Digest of United States Laws, vol. 2. Refer to page 112 and following-subject," Removal of cases from State courts," and inform him that Lieutenant Hodgson is instructed to transfer his case to United States circuit court. He should also, if possible, have with him acts of Congress of March 3, 1863, and of May 11, 1866. Telegraph me alleged cause of arrest. John Ray is stated to be suitable attorney. No. 10. Major Merrill to Lieut. B. H. Hodgson-sent to care of sheriff at Vienna. SHREVEPORT, LA., November 6, 1874. File with the clerk of the court before which you are brought your petition for removal of the case to United States circuit court, district of Louisiana. Have telegraphed Morey at Monroe to employ competent legal advice for you. In case he does not, do so yourself, and refer the attorney to Brightley's Digest of United States Laws, volume ii, page 112 and following-subject, Removal of cases from State courts;" especially sections six and nine, under acts of Congress of March 3, 1863, and of May 11, 1866. After your petition is properly filed with the clerk of the court, it is unlawful for any judge or other officer to proceed any further with the matter. Telegraph me at once the cause of arrest. Act prudently, and obey all legal process. Tell Seelye that his case is covered by the same laws. No. 11. Major Merrill to United States Commissioner Jewett at Vienna. SHREVEPORT, LA., November 6, 1874. Have sent two telegrams to Lieutenant Hodgson. If sheriff refuses to deliver them. get copies, and ask judge of court ordering arrest to require delivery. No. 12. Major Merrill to operator at Vienna. SHREVEPORT, LA., November 6, 1874. Permit Mr. Jewett to make copies of my telegrams to Lieutenant Hodgson. Inform whether sheriff refuses to deliver telegrams to Lieutenant Hodgson. No. 13. Frank Morey to Major Merrill. MONROE, LA., November 6, 1874. Legal advice already retained. The case is one of alleged contempt of court, in not obeying habeas corpus, which in fact was not directed to Hodgson or Seelye; case cannot possibly be sustained in court; have telegraphed the judge to postpone case till arrival of counsel. No. 14. Captain Head to Major Merrill, MONROE, LA., November 6, 1874-11.30 p. m. Hodgon arrested at Monroe for contempt of court in not returning answer to writ of habeas corpus of Judge Trimble; case very simple; lawyer already had; no violence used; troops leave at once; shall start myself as soon as lawyer can get books. |