regular way, by examination and cross-examination in pub. lic, and he would forward their depositions to Washington. This Mr. Sawin agreed to, and on the day fixed, several men and women who heard the sermon that occasioned Mr. Benedict's arrest appeared as witnesses. But instead of being examined publicly, Marshal Chase insisted that the affidavits should be drawn in private; that each witness should be brought to his private room, when he would crossexamine them in private, which might be written down as a part of their depositions. This was agreed to, and five hours were spent by the prisoner's counsel in the work. When finished, Marshal Chase said that he might forward the papers, and he would write to the Department, recommending the restoration of the prisoner to liberty.

Mr. Sawin took the affidavits drawn by Marshal Chase, with his consent, to his office, and directed his student to copy them. In about fifteen minutes afterward, and during Mr. Sawin's absence, Deputy Marshal Grant entered the office and said to his student: "The Marshal has sent me for those depositions."

The latter replied: "I am copying them."

Grant then took them from the table and proceeded to the Marshal's office, accompanied by the student, Mr. Miller, who said to Stevens: "I am copying the papers." Stevens replied "there was no use of copying them, and Sawin knew it; and Sawin could not make any damned political capital of it. I want the papers to send off immediately, and if Sawin wants a copy of them, he can take them and go to h―l with them." But he nevertheless retained them.

The family and friends of Mr. Benedict waited for a week after this for word from Washington, but none came. The papers of Noah B. Clark, who had been committed for "discouraging enlistments," had been forwarded to Washington by the United States Marshal two days later, and he was released.

After the release of Clark, and being unable to learn that there was any prospect of voluntary action on the part of

the Marshal or the Secretary of War for the prisoner's dis charge, Mr. Sawin, at the request of Mr. Benedict's family and friends, presented the papers to Judge Hall for a writ of habeas corpus.

For the benefit of our readers, we give the subjoined copies of such papers, together with the writ and proof of service, the return of Best and Stevens, the order of Judge Hall on Chase, the first petition for a writ of habeas corpus, and the papers accompanying the same:

TO THE HON. NATHAN K. HALL, United States District Judge for the Northern District of New York.

"The petition of Judson D. Benedict shows:

"That he is now confined and restrained of his liberty in the jail of the County of Erie, by William F. Best, the keeper of said jail.

"That your petitioner is not committed or detained by virtue of any process issued by any Court of the United States, or any judge thereof, or by virtue of the final judgment or decree of any court, or by virtue of any process of any kind or descriptior.

"That the only cause of such detention by said jailor is a paper delivered to him by A. G. Stevens, Deputy United States Marshal, a copy of which is hereto annexed, marked schedule (A).

"That A. G. Stevens arrested your petitioner at Aurora Tuesday morning, the 2d of September inst. All he said to your petitioner at the time of arrest was: 'I have an unpleasant duty to perform; I have come to arrest you. I suppose you are willing to go with me without opposition?' Your petitioner replied, Most certainly.' Said Stevens then took deponent to Fort Porter, and left him there, where your petitioner stayed until removed to jail.

"Said Stevens showed no paper to your petitioner, nor did he state any cause for such arrest.

"Your petitioner has neither by act nor speech been disloyal to the Constitution or laws of the United States, or been guilty of any violation of any order of the War Department, or of the President of the United States, or been guilty of any offence or act subjecting him to arrest.

"That your petitioner alleges, that such arrest and imprison.

ment are illegal, for the reason that he has not been charged with any offence known to the laws, no process has been issued by any court or magistrate for his arrest; and deponent refers to annexed affidavit of Albert Sawin, his counsel, for the only pretence for his arrest given by the United States Deputy Marshal.

"Your petitioner therefore prays your Honor to direct and authorize the issuing of a writ of habeas corpus, to be directed to said A. G. Stevens, such Deputy Marshal of the United States, and William F. Best, aforesaid jailor of the County of Erie, directing and requiring said Deputy United States Marshal and saia jailor to produce the body of your petitioner before your Honor, that the cause of such imprisonment may be inquired into, and your petitioner may be set at liberty.

(Signed)

"THE UNITED STATES OF AMERICA,

The Northern District of New York, ss.

County of Erie.

J. D. BENEDICT."

"Judson D. Benedict, being duly sworn, says that he has heard the foregoing petition signed by him, read, and knows the contents thereof, and the same is true of his own knowledge.

(Signed)

J. D. BENEDICT.

"Sworn to before me, this 15th day of September, 1862.

(Signed)

P. G. PARKER,

U. S. Commissioner for Erie Co."

("A")

"MARSHAL'S OFFICE, Buffalo, September 2, 1862.

"David M. Grant will take from Fort Porter, Thomas Cumnings, James Parker, Antoine Quanliet, Noah B. Clark, and Jared Benedict, prisoners confined there, committed under orders of the War Department, and remove them to the Erie County jail for safe-keeping, and there detain them until further order, and the sheriff or jailor of said county will keep them, until further vrder, in said jail.

(Signed)

"To COL. E. P. CHAPIN, and the

Sheriff and Jailor of Erie County."

A. G. STEVENS, U. S. Deputy Marshal

"Albert Sawin, counsellor at law, being duly sworn, says that, at the request of the above-named Judson D. Benedict, on the 3d day of September inst., he inquired personally of Deputy United States Marshal Stevens, at his office in Buffalo, if he arrested said Benedict by virtue of any order, process, or paper. He said he did not, but he showed deponent a slip cut from a newspaper, printed, a copy of which is hereto annexed, and said that printed slip was his only authority for the arrest of said Benedict.

(Signed)

"Sworn this 15th day of September, 1862.

(Signed)

ALBERT SAWIN

P. G. PARKER, U. S. Commissioner."

"ORDERED:

"WAR DEPARTMENT,
August 8, 1862.

“First. That all United States Marshals, and Superintendents and Chiefs of Police of any town, city, or district, be and they are hereby authorized and directed to arrest and imprison any person or persons who may be engaged by act, speech, or writing in discouraging volunteer enlistments, or in any way giving aid and comfort to the enemy, or for any other disloyal practice against the United States.

"Second. That immediate report be made to Major L. C. Turher, Judge Advocate, in order that such persons may be tried before a military commission.

"Third. The expense of such arrest and imprisonment will be. certified to the Chief Clerk of the War Department for settle. ment and payment.

(Signed)

EDWIN M. STANTON,
Secretary of War."

INDORSEMENT ON PETITION.

"NORTHERN DISTRICT OF NEW YORK, 88.

"On the within petition I allow a writ of habeas corpus, to be directed to Albert G. Stevens, United States Deputy Marshal, and William F. Best, the keeper of Erie County Jail, and made

returnable on the 18th day of September inst., at 1C A. M., before me; and I direct the Clerk of the District Court to prepare tha writ, that I may indorse an allowance thereon.

(Signed)

"Dated September 15, 1862."

N. K. HALL,

U. S. District Judge.

THE WRIT OF HABEAS CORPUS.

“THE PRESIDENT OF THE UNITED STATES OF AMERICA,

To Albert G. Stevens, Deputy Marshal of the United States, and William F. Best, the Keeper of the Erie County Jail, Greeting:

[L. S.]

"You are hereby commanded, that you have the body of Judson D. Benedict, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said Judson D. Benedict shall be called or charged, before the Honorable Nathan K. Hall, District Judge of the United States for the Northern District of New York, at the United States Court-room, at the corner of Washington and Seneca Streets, in the City of Buffalo, in said Northern District of New York, at ten o'clock in the forenoon of the eighteenth day of September, in the year of our Lord one thousand eight hundred and sixty-two, to do and receive what shall then and there be considered concerning the said Judson D. Benedict. And have you then and there this writ. "Witness, the Hon. Nathan K. Hall, Judge of the District Court of the United States for the Northern District of New York, at the city of Buffalo, the sixteenth day of September, in the year of our Lord one thousand eight hundred and sixty-two.

(Signed)

INDORSEMENT.

GEO. GORHAM, Clerk."

NORTHERN DISTRICT OF NEW YORK, SS.

"The within writ, on petition of the within named Judson D. Benedict, has been allowed, and hereby is allowed by me, in pur. suance of the statute in such case made and provided, September 16, 1862.

District Judge of the United States, for the Northern

District of New York."