This was substantially all the evidence adduced before me, both on the part of the people, &c., or prisoners.

It was insisted by the States' Attorney that the evidence brought the case within the provision of section 56, of chapter 5, of the Statutes of the State of Illinois, entitled Criminal Law, which is in the words and figures following:

1

Every person who shall forcibly steal, take, or arrest any man, woman, or child, whether white, black, or colored, in this State, and carry him or her into another country, State, or territory, or who shall forcibly take or arrest any person or persons whatsoever, with a design to take him or her out of the State, without having established a claim according to the laws of the United States, shall, upon conviction, be deemed guilty of kidnapping. Every person found guilty of kidnapping, shall be confined in the penitentiary for a term of not less than one year, and not more than seven years, for each person kidnapped or attempted to be kidnapped."

The defense claimed that the evidence showed that the prisoners, under the law in such cases governing, had authority to arrest deserters wherever found, and that the arrest of Gannon, in Clark county, Illinois, by them was legal, and that they should be discharged. After fully considering the matter, I, in discharge of what I believed to be my duty, held the prisoners to answer further to said charge before the Clark Circuit Court, on Thursday, the twelfth day of March, being the tenth judicial day of the March Term, A. D. 1863, of said Circuit Court. The prisoners entered into a recognizance, and were discharged for the time, &c.

Regarding that my opinion and adjudication in the premises, had vacated any arrest that had been made by the prisoners, on being informed that three other men were held under the same asserted authority as Gannon, after my decision made, I advised that they had better be discharged by their guard, whoever they might be, and, as I am informed, they were so released from custody.

On Monday, being the seventh judicial day of the term, I made an order of court directing the Sheriff of Clark county to summon and return, at nine o'clock on Thursday morning, the tenth judicial day of the term, a Grand Jury to inquire into the facts alleged against McFarland and Long. This order was executed by the sheriff by summoning and returning, as a special Grand Jury in and for the body of Clark county, &c., twenty-three men. The

return was made on the tenth day of the term, as directed, and, by my order, the jury were, on the opening of the court, at nine o'clock, A. M., sworn and charged, and were out considering of their presentment, when I was arrested. The arrest, of course, stopped all action on my part. I had no right to call in the jury and discharge them, nor could I adjourn the court sine die, they being still in consultation, and the term legally not expiring until twelve o'clock on the night of the following Saturday.

The circumstances of my arrest not before stated are, that a military force of from one hundred and eighty to two hundred men or more, under command of Colonel Carrington, were, "with all the pride and circumstance of war," marched into Marshall, where I was holding court, as I have stated, and appeared around the public square, several of the officers coming into the court room and remaining during the morning session. I think Colonel Carrington and some of his officers were present when the Grand Jury were sworn and charged. The soldiers were not marched into town until afterward, as I recollect, say some minutes before ten o'clock. There was no violence, except in the presence of armed troops, evidently brought there for the purpose of overawing the citizens of Illinois, proroguing the court, preventing its action in the case of McFarland and Long, and arresting me, the judge of such court, and carrying me out of my own State, into one to which I owed no allegiance, and to whose jurisdiction I was in no manner amenable.

The object was attained. I was brought, under and by virtue of my arrest, to Indianapolis, in the State of Indiana, where I am still held in durance at this date. I have been casually informed that I am to answer to the charge of harboring and protecting · deserters, or some thing of that nature, but when or how I am to be disposed of has not yet been made apparent to me. I was confined in my room at the Bates House, and to the house until Thursday morning, the 19th of March, when, through the kindness and courtesy of (now) General Carrington, which has been uniform and uninterrupted from the time of my arrest, I was paroled within the limits of the city of Indianapolis, under which parol I am now held.

CHARLES H. CONSTABLE.

ROBERT S. SPROULE (RUSH COUNTY) SWORN.

Examined by Mr. HANNA

Answer-My name is Robert S. Sproule; am editor and publisher of the Rushville Jacksonian; and reside at Rushville, Rush county, Indiana. On or about the tenth day of September last, Lewis B. Offutt, a resident of the State of Kentucky, and at that time sojourning as a guest and visitor with his brother, Sabert S. Offutt, an old and respected citizen of Rush county, was arrested, as I am informed and believe, at the Fair Grounds in said county of Rush, by one H. B. Frisbie, who, as I learn, was formerly a telegraph operator in Kentucky; and, on the next day, Michael M. Cassidy was similarly arrested at the residence of his brother in said county of Rush. Said Michael M. Cassidy had formerly been a resident of Rushville, practiced law there for several years, and was also an acting Justice of the Peace-a gentleman of irreproachable character. At the time of his arrest, he was sojourning with his brother as a visitor, though his home was in the State of Kentucky.

As attorney for Lewis B. Offutt, I had an interview with said Frisbie, at which Frisbie exhibited an order from Major General Lewis Wallace, and so signed by him, the said Wallace, who was then.in command at the city of Cincinnati, assuming to authorize him, the said Frisbie, to arrest all persons "suspected of disloyal practices." This order from General Wallace was dated on the eighth day of September, and subsequent to, and in violation of, the following order of the War Department:

"WAR DEPARTMENT, WASHINGTON, "September 7, 1862.

Instructions to United States Marshals, Military Commandants, Provost Marshals, Police Officers, Sheriffs, &c.

The quota of volunteers, and enrollment of militia, having been completed in the several States, the necessity for stringent enforcement of the orders of the War Department, in respect to volunteering and drafting, no longer exists. Arrests for violation of these orders, and for disloyal practices, will hereafter be made only upon my express warrant, or by the direction of the Military Commander or Governor of the State in which such arrests may be made, and restrictions imposed by those orders are rescinded. L. C. TURNER, Judge Advocate."

Frisbie claimed to be a Captain in the United States Army, and was accompanied by one Henry Nesbett, who was, or pretended to be, a Deputy United States Marshal of the District of Kentucky.

For the release of Offutt I procured the issue of a writ of habeas corpus, which, after service, was withdrawn in order to avoid its resistance by force threatened by Frisbie. Hearing of the arrest of Mr. Cassidy, I called to see him where he was guarded by one Alonzo Swain, but was refused permission to talk to him by said Swain, who alleged that he had orders to that effect from Frisbie.

Cassidy and Offutt were both conveyed away from Rushville under guard, and, as I subsequently understood, were taken to Cincinnati. As attorney for Offutt, I demanded the charges against him, and was answered by Nesbett that he would swear he was disloyal, but alleged no act of disloyalty.

I saw and conversed with both Cassidy and Offutt, after their release from imprisonment. From both I learned that during their confinement the atempt was made by the satraps of the Administration to procure testimony against them, but failing in this they were finally released without examination and without trial, never having known or heard of any just cause for their arrest and imprisonment.

Answer-My name is John R. Mitchell; reside at Rushville, Indiana; am a Justice of the Peace and an attorney.

On or about the eleventh day of September, 1862, one H. G.

Frisbie came to me and handed me a written instrument in these words, as near as I can recollect:

"Mr. JOHN R. MITCHELL,

"RUSHVILLE, September 11, 1862.

"Provost Marshal, Rush County:

"You are commanded to arrest Michael M. Cassidy and deliver him forthwith to me at Rushville.

"By order of

Upon

And requested me to make the arrest of said Cassidy. this order I proceeded to the place where he was then sojourning and made the arrest, delivering said Cassidy over to said Frisbie, who took said Cassidy and another prisoner named Offutt, away in a carriage in the direction of Greensburg. I furnished a conveyance for the same upon the following order:

66 JOHN R. MITCHELL,

"Provost Marshal:

"Greensburg, Ind., 11, 1862.

"Will provide or procure transportation to carry two prisoners and four guards from Rushville to Greensburg.

"By order of

Captain Benjamin F. Denning accompanied me to make the arrest of Mr. Cassidy. The above orders composed all the authority I had or know of for making the arrest. I did not regard this order as legal authority for such an arrest. I do not know what it requires to constitute military authority for such an arrest.

Frisbie had with him an order purporting to be that of General Lew. Wallace, under which he claimed to be acting. I saw the paper, which, according to my impression, now authorized him to arrrest all disloyal persons, or persons suspected of disloyalty, and signed with the name of Lew. Wallace.

Mr. Cassidy, since several years previously, had resided at Rushville, there practiced law and was also a Justice of the Peace. During this time his character, so far as I know, or ever heard, was that of a good citizen, and a moral, upright gentleman.

Question by Mr. BROWN