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ItEPLBLICAN
SAVANJfAIf ■
"WEDNESDAY ■•BKIRfii ®BC. flTUl.
Tbr l’ollllcml Vacalltl.
Politically upoaking wo are oat of school.
The adjournment of Congress and the
Legislature* of several of the States un
til after the holidays, has given us a
vacation which, much as wo may wish to
hasten the settlement of the groat issues
of the day, must appear quite opportune
to every right thinking individual, if it
be not actually demanded by existing
circumstances. No one who Inis studied
the political moves, will bo disposed to
consider it time thrown away.
It is a breathing spell from tbo labors
of legislation that will not' bo without
some good results. Not that these labors
have been so onerous as to make it a
positive necessity to take time for reeupe-
ration, bnt that it will afford an oppor
tunity for the passions which lmvo been
more or leas excitod, to subside, insur
ing n return to tho work with olenror
heads and a better understanding of all
ita requirements. It will bo almost
equivalent to commencing nuew with
tho additional advantage of an experience
which, though short, should prove of
great assistance to our representative
men in their deliberations. >■
Tho proceedings of Coqgress had not,
it is true, revealed to us anythiug calcu
lated to arouse our fears or make us
unduly apprehonsive for the future.
Wo are rather inclined “/v possess our
souls in peace," believing that all wouId
be well, than to make ourselves generally
miserable by untimely pro testa and out-
crying* against evils only visible to tho so
choosing to look at every thing through
a Lorraine glass of a peculiar pattern.
Still there were indications of a growing
intemperance on the part of some of the
members—cropping out iu discussions
on very momentous questions which all
truly patriotic men must lsave deplored
and will rejoice to see rooted out.
We will mot venture to predict to whot
extent, but it is safe to presume that the
recess will in some measure alluy this
feeling, and it ought to be hold a desira
ble consummation by every one—North
and South. It has given us more than
ordinary pleasure to note that the North
ern papers generally have urged upon all
the members the importance of their
making the best use of the occasion, and
of returning to their different constitu
encies, that they may profit by the ad
vice and practical good sense of the whole
people, who will not fail to rebuke tlioso
who have erred and strengthen the hands
of those who have held to the right
course. They will be given to under
B tand that they expect unity of action
and not tho frittering away of their
efforts, which can only afford encourage
ment to the enemies of the Government.
It is no time for taking pleasure excur
sions into the region of theories. The
country wants peace—a lasting, porma
nent peace—of the kind that will not bo
disturbed by every fitful agitation which
demagogues and mischief makers may
find convenient to bring about, and
furthermore it must be based ou the
democratic principle of justico. This is
the foundation of tho work, and it is by
far more sensible at the present time
be looking after its solidity and durabili
ty, than to be bothering about the or.
nate decorations whioh are to set ofl' the
edifice after it has been constructed and
which will all be available in proper
season. One thing at a time, and every
thing well done is the best rule for our
guidance, and wo fail to discover any
good reason why a Chinese puzzle should
be made of the plain material with which
wo have to work. Peace and justice,
justice to all alike, such as no free gov
eminent can withhold from its citizens.
The words are plain, and if we cannot
understand their meaning, wo had better
relapse into some sort of monarchical do -
spotism, for then we are unfit to enjoy
republican institutions.
Christmas In RaTannah-Haw It waa
Celebrated.
The anniversary of Cliristraas was
heralded by the usual oonoomitaut* of that
time honored festival so universally cele
brated throughout,the south. At midnight,
Babbath eve, the stillness of our city was
broken by tho oeoasionul discharge of
pistols, tho rattle of Chinese Firo crack
ers, and tho shrill and inharmonious note 8
of sundry fish horns. As morn advanced
the noise increased and long before dawn
shed its gray light over the “Forest
City," a,perfect din resounded through
out every stroot, lane and alley, aud
such q Pandemonium ’ as reigned
beneath our hotel window was no
doubt realized by many a woary
traveler, who tossed uneasy and anathe
matized emphatically the peculiar mode of
celebrating the greatest of all Christian
anniversaries. The first emotion wo ex
perienced was the explosion of two or
three revolvers, whoso warliko echoes
startled us from a deep reverie.
Scarce had tho echoes of firearms died
away, when shouts for Jeff Davis and tho
Bonuio Blue Flag, mingled with much
profanity, filled our Republican or Aboli
tion souls with tho wildest fear, for we
at once painted in our excited im
agination a mob or Vigilance Com
mittee, whose duty it was to
relieve the community of an obnoxious
individual—aud of course wo were tho
noxious" oue to depart nolens vofcns.
Creeping half terrified to tho open case
mate (for our Northern readers must un.
derstaud that the thermoneter stood at
75 degrees) we were greeted with the
deafening and inhnrmoniuos blasts of some
thing less than a brigado of fiish horns.
Holding our breath for a moment wo
soon recovered our mental equilibrium,
but gave slight evidence of our tempo
rary insanity by seeking slumber while
tUe imps of his satanic majesty held high
revelry throughout the city. Dogs
barked, boys with leather lungs yelled
everything but newspapers, pistols aud
guns kept up au incessant fusilade,
bomb-shells and shells without bombs
burstod in tho air aud elsewhere—trump
ets and rockets flow—in fact chaos was
out on a genuine spreo, aud fell iu witl
confusion and met general hubbub, aud
all three united in generating the d 1
through the city.
The weather, which was remarkably
and unseasonably warm, was auspicious
for all out door enjoyment, which did not
require much exercise. No particular
programme, save that of a general jubi
lee, was carried out duriug the day, but
old and young, rich and poor, appeared
to enter into the full spirit of enjoyment.
The juvenile portion of onr community
were in a state of eestacy early iu tho
morning while examining tho rich gifts
that his Excellency Santa Claus so gen
eroualy bestowed upon all who were for
tunate enough to have a stocking to hang
up at the mantel piece. The streets wore
alive with promenaders, aud during the
day Forsyth Park was thronged with
visitors, who strolled through its delight
fully shaded walks, listening to the music
of tho fountain as it poured down its
miniature cataracts.
to
Theatrical.
The debut of Miss Rose Wood and the
re-appearance of Mr. W. II. Crisp at the
Theatre last night, waa a most bril
liant success. The graceful and
modest abandon of Miss Wood—
her tasteful and appropriate dress—her
artistic postures and the fairy movements
of her sylph-like form, charmed all pres
ent, and drew forth rapturous applause
from tho large audience.
Mr. Crisp’s acting, always good, was
admired, aud he likewise shared the
honors of the evening.
We advise all to witness Miss Rose
Wood’s terpsiohorean feats and pretty
feet to-night
Negro Testimony In Tonneeeee.
Nashville, December 1G.
Tho Legislature of Tennessee having refused
to allow negro testimony to be taken in the
coarts of this State, General Fiske, Superinten
dent of the Freedman's Bureau of this district,
under special orders from the War Depart-
moat, has issued an order whioh demands that
all cases in which negro testimony is involved,
and which hare heretofore been disposed of by
municipal authority, shall be brought before
the court for adjudication.
The Shipping.
Nearly evory vessel lying at our
wharves and in our harbor, very appro
priately flung out tho American flag to
tho breeze—tho steamers, especially,
making quite a profuse display of bunt
ing, fore and aft, in the shape of the
flags of all nations, presenting a beauti
ful sight in the contrast of colors and
the variety of desigus. We havo never
witnessed a finer spectacle than was pre
sented in our harbor on Christmas day,
and it was a sight that will long bo re
membered by those who witnessed it.
The Parks and Streets.
Occasionally passing along the streets
were trios of young gentlemen singing
sentimental, patriotic and pathetic
songs, a little out of tune aud time, but
nevertheless quite pathetic. Wo saw
some with unsteady gaits, indicating
that they were either suffering from a
coup de soleil or had drank too much Of
some beverage stronger than lemonade or
soda wutcr.
77te Churches.
The services in tho Churches of the
different denominations were of an un
usually impressive and interesting char
acter, and the sacred edifices were crowd
ed with congregations of devout wor
shippers, who doubtless appreciated the
first peace Christmas in four years. The
interior of nearly all tho Churches were
tastefully, and in many instances elabor
ately, decorated in commemoration of the
day.
Fireworks, tCv., at Nigld.
Toward tho approach of dark, rockets,
Roman candles, serpents and fire bal
loons began ascending from all parts of
the city, radiating their colored lights in
all directions. No sooner was one lost to
view than another appeared, sometimes
hissing, and again quietly sailing through
the air.
Later in the oveniug, after the hour
of seven o’clock, tho henvens became
ablaze with fiery lights, and the scene
viewed from tho cupolu of tho Exchange
or tho roof of the Pulnski House, was
magnificent. Tho Theatre, winch wisely
presented an entertaining programme,
wus filled with a brilliant audienco, all
of whom retired highly pleased with the
entertainmont.
EXPECTED SHORTLY, ii not sooner,
that supply of cold Wither, which is to
induce people to pojfohftM ft pftir of those
fine Blankets, at A, REHOBSR * 00/0,
II Bwuwd utott,
Cantoa Flannels, Drown and White, at
50 centa per yard, at A. BESOHKU &
00.'H, 111 Barnard street.
Mourning Oaliooe., a large vorioty at
A. RE80HF.lt A CO.’S, 13 Barnard street.
French Calicoes, new patterns, yard
wide, at A. RESOUfiB * 00,'8, 13 Bu-
aard street.
TRIAI, OF OVZAWAV B, LAMAR,
ncroHK a juii.iTAitY commia-
N|UN, FOR DEFItAUDINU THK
it. n uorxusnENT.
IMPORTANT AND INTERESTING
CASE.
FIRST DAY’S PROCEEDINGS.
Heporiud Exprcly For tiro Niitlounl
Republican.
Savannah, Deo. 2(Uh, 1805.
This important trial commenced tliis
morning at half past ton o’clock, at the
United States Court Room, before a Mili
tary Commission, composed of the fol
lowing ottlcors: Lieut. Col. Edward
lllsly, l*2th Maine Vols., President
Capt. John H. Watrous, 103d U. 8. O.
Inf., Jiulgo Advocate ; Lieut. Col. G. II.
Bush, 147th III. Vols.; Major W. C.
Manning, 103d U. B. O. Inf. ; Major
Frank Clendeuin, 147th Ill. Vol. ; Capt.
W. F. Easton, 103d U. S. C. Inf. ; Capt.
G. II. Fay, 147th Ill. Vol. ; Capt. M.
W. Borlaud, 147th III. Vols.
Gazannr B. Lnninr.
Gazaway II. Lainar was born in the
city of Augusta, Georgia, about 1797, aud
is now nearly seventy years of ago. Ho
subsequently came to Bavannah, where
ho has alternately residod for upwards of
forty years. Ho bogan lifo with nothing
to assist him in liis struggle through it»
but his own unaided ouergy aud charac
teristic abilities,commencing his career by
entering into the steamboat business at
Augusta, building and running steam
boats which wore engaged in towiDg
flats Ac., loaded with freight, between that
port aud Savannah, and was tho owner of
the line, llo waa successful in accumu
lating great wealth bv his indefatigable
industry. To liirn belongs the credit of
having been the first man who ever
brought au iron vessel into the United
Stutes—ho having imported tho iron
steamboat called the “John Randolph,”
from England in pieces, and had her
rivettod together on one of tho wharves
of Savanuali, near the Canal, and when
finished had her placed upon this route.
He afterwards sold out all his interest
iu tho steamboat lino to a Company
which was organized under the title of
the “Iron steamboat company” Mr. La
mar, met with a teriblo family affliction
1838, whilo en route North on a plea
sure excursion on bo«»rd tho ill fated
steamship “Pulaski”. By this catastrophe
Mr. Lamar, lost his wife, a most estimable
aud accomplished lady, together with a
very interesting family—Mr. Lamar and
his sou Charles being tho only survivors
of his family, after the dreadful disaster.
After a most miraculous escapo. Mr.
Lamar aud his son Charles, were rescued
in aud exhausted condition, and taken
to the house of a Mr. Cazonoau, living
tho coast of North Carolina near
Wilmington, where,owing to the assiduous
attention bestowed upou them by the
family of that gentleman, they both re
covered from the effects of their accident.
Mr. Lamar then proceeded North, and
in tho following year returned and mar
ried one of Mr. Cazoncau’s daughters,
and came to Savannah to reside with his
family.
lie afterwards removed to Augusta aud
built a magnificent residence ou the
Sand Hills, near that city. He sub*
sequeutly embarked iu tho cotton busi
ness os ii merchant, which by his energy
lie increased to ft largo extent, realizing
an immense fortune, but the climate not
agreeing with the health of Mrs. Lamar,
he took his family to New York, where
he located himself, and was soon elected
President of the Bank of tho Republic,
one of the best monied institutions of
its character in the city. This position
he occupied until tho breaking out of tho
war. While remaining in New York lie
was successively appointed by Governors
Cobb and Brown, the agent aud general
representative of the State of Georgia in
that eoim oial metropolis.
Upon commencement of hostilities
between the North and South, ho was
compelled to flee from New York to save
his life, which had boen repeatedly
threatened by mobs, the fact of his be
ing a Southern man of somewhat ultra
principles, making him a prominent ob
ject of popular aversion, aud in leaving
under such circumstances, ho sacrificed
a largo pecuniary interest in coal stocks,
real estate, Arc.
Duriug his residence in tho Empire
City,* Mr. Lamar’s hospitality was pro
verbial among its citizens generally, aud
especially bestowed upon Southern men
—those from his native Stato receiving
the largest shure of it, aud were particu
larly objects of his warmest regard aud
courtesies.
After reaching Savannah, ho was cho
sen President of the Bank of Commerce
in our city, and held in addition tho
post of agent for tho State of Georgia,
and was also appointed Paymaster of tho
State. He indulged at this time, on his
own personal account, in very extensive
cotton speculations.
In regard to tho yacht “Wanderer,
—in connection with whose lustory liis
name 1ms often boen associated, but er
roneously—ho has boon known to have
declared that he never owned one dollar
of her stock, and was not interested in
anything belonging to her. She was con-
trolledby his son Col. C. A. L. Lamar, who
was killed at Columbus, Ga., at the time
of Gen. Wilson’s raid through our Stato.
So far as the African Slavo trade was
concerned, Mr. Lamar has asserted that
ho was never directly or otherwise en
gaged in the business but wns
openly and notoriously opposed to that
barbarous traffic iu human flesh and
blood.
During tho war, about tho year 1803,
Mr. Lamar was President of a Rlockiule
Running Company which had been os
tablishod by tho Stato of Georgia for the
purpose of ruuuiug contraband goods
through the Federal blo< kudo.
After tho capture of Huvaunah ho took
tlio oath of allegiance to the Government,
with the determination to become a law
abiding citizen. The trial which is now
in progress involves an immense amount
of property variously estimated from one
to two million of dollars worth of cotton.
Tho larger portion of this property form
erly belonged to tho Blockade Running
Company, and is therefore subject to con
fiscation by the Agents of Government.
It is to {recover this cotton and investi
gate oertoin charges of bribery and cor
ruption made, that this action is brought
against Mr. Lamar in connection with
several Government officials. The enso
promieses to bo one of deep interest and
we shall give full and voluminous report^
of eaoh day’s proceedings.
A. G. Browne, Jr.,Esq.,Aot’gSiinerviHing
Special Agont of tho Treasury Depart
ment, uud Gdpfc, E. W. Thompson, o(
tho Twelfth Maine Regiment, wore
elated with the prosecution in conducting
the case.
Tho accused was promptly in Court,
attended by his counsel, Julian Hart-
ridge and Thomas E. Lloyd, Etas.
After the Court hod organized, tho ac
cused was about to bo orraiguod, when
Mr. Hart ridge proceeded to read the fol
lowing jilsa iu reward to tho jurisdiction
of tho Court, whioh he supported by the
annexed argument,
“And the said Gazaway B. Lamar, in
his own Droper person, oometh into Court
hero, and having heard tho charges and
specifications read, Bays, that tho tttdd
Court here ought not to take cognizance
of the olVonoes in the said charges and
specifications above specified, because
protesting that ho is not guilty of the
same, nevertheless tho said Gazaway B.
Lamar says that ho is not charged with
any offenoe against “the laws of war,” that
he is not iu either “the land or naval
forces” of tho United States, and novel
lias beeu; that tills is not a “time of war,”
in the State of Georgia, but of peace; and
that the civil Courts of tho country are
open, before whioh ho is entitled to be
tried. Aud tliis ho, tho said Gazaway B. La
mar, is ready to verify; wherefore ho prays
judgment, if the said Court now
here, will or ought to take cognizance of
the charges and specifications aforesaid,
and that by tho Court here, he may bo
discharged.
(Signed) G. B. Lamar.
Swon to before mo Dec. 27th, 1805.
Jno. H. Watrous,
Capt. 103 U. S, C. Inf., Judge Advocate.”
Points to Support the Plea to Jurisdiction.
In support of tho plea to the jurisdic
tion, which lie has filed, tho defeudunt
begs leave to submit to the Court the fol
lowing considerations:
Iu July last, the Attorney General of
tho United States submitted to tho Presi
dent au opinion in favor of tho right aud
power of the Government to try tho par
ties churgod with the assassination of
President Lincoln, by a Military Com
mission. In the course of that opinion
he enumerated the coses, aud sets forth
tho ciroumstauoes in and uuder which a
Military Commission can take jurisdic
tion. The defoudaut proposes to submit
to tlio Court several quotations from tliis
opinion, to show that tho presen tease is
not oue which comes under tho jurisdic
tion of a Military Commission.
Ou the first page it is said. “ At tho
time of the assassination a cicil tear was
flagrant—the city of Washington was de
fended. &o.
Ou the same page, “A Military Tri
bunal exists under aud according to tlio
Constitution, in time of war. Congress
may pre-scribe how all such tribunals arc
to bo constituted, what shull be their ju
risdiction aud mode of procedure.
Should Congress fail to create such tri
bunals, then, under the Constitution,
they must be constituted according to the
laws and usages of civilized warfare.
They may take cognizance of such of-
fousos as the luws <f war permit; they
must proceed according to the customary
usages of such tribunals iu time of war, aud
inflict such punishments as arc sanctioned
by the practice of civilized nations in time
of war. In time of peace neither Congress
nor the Military can creato any military
tribunals, except such as are made iu pur
suance of that clause of the Constitution
which gives Congress tho power to make
rules for the government of the land and
naval forces.”
“I do not think, (on page fourth), that
Congress can, in time of war,or under this
clause of the Constitution, create mili
tary tribunals for tho adjudication of
offenses committed by persons not en
gaged in or belonging to such forces.—
This is It proposition too plain for argu
ment."
“Is there no other power conferred by
the Constitution upon Cougrcss or the
military, under which such tribunals
may exist in time of war /”
On page eighth it is said : “It is mani
fest from what has been said, that mili
tary tribunals exist under aud according
to the l<tws and usages of war."
On pago tenth : ‘ ‘That the laws of war
authorized commanders to creato and es
tablish military commissions, courts or
tribunals for tho trial of offenders against
the laws of war, cauuot bo denied.”
Surely uo lover of mankind, no one
tliat respects law and order, no one that
has tho instinct of justice, or that can bo
softened by mercy, would in time of
war, take away from the commanders the
right to organize military tribunals of
justice.
Ou pago eleven, aud to this the atten
tion of the Court is respectfully called.
“It must be constantly borne in mind
that such tribunals, aud such a bureau
cannot exist except in time of war, and
cannot then take cognizance of offenders
or offnccis where the civil Courts are open,
except offenders and offences against the
laws of war."
The Attorney General then proceeds to
shows what in his opinion aro offences
against tho laws of war, aud his argu
ment expressly includes such crimes as
the defendant is charged with iu tho
present case.
From this opinion of tho Attorney
General it is evident that a military com
mission such as this, caunot exist ex
cept in time of war; aud cannot then
take cognizance of offenders or offences
where the civil Courts aro open, except
offenders or offenoos against tho laws .of
war.
Tho defendant hero is uot charged with
a violation of the laws of war. All tho
charges against him are intended to bo
allegations of crimes known to the penal
codes of the State or the United States.
There was no war existing at tho timo of
tho alloged crimes, nor is there now.
Tho Civil Courts of tho State are open to
the prosecution of tho defendant : the
Judge aud Marshal havo boon appointed
for tho U. S. Court, and it can proceed
to business whenever the Judge pleases.
Tho Secretary of Stato of the United
States iu his despatches of Dec. 19, 1805,
to the Provisional and Constitutional
Governors of Georgia uses this language:
“The timo has arrived when, in the
judgment of tho President, of tho United
States, the care and conduct of tho
proper affairs of tho State of Georgia
may bo committed to tho Gonsttnitional
Authorities chosen by tho people with
out danger to the peace and safety of the
United States." “You aro therefore
(tho Provincial Governor) relieved from
the trust. ”*V-o.
To Governor Jenkins ho says, “I havo
the honor to tender you the co-oporutioii
of the Government of tho United
Btutes.” Ac. In his message to tho Hon-
uto of Doe. 18, 18(15, tho President says:
“’The rebellion waged, Ac., has been sup
pressed, tho United States are in posses
sion of every State, &o,: tho Courts of tho
United States have been restored." Ac.
Under these considerations tho defend
ant respeotfully urges that this Court has
no jurisdiction of his ease."
The Court was theu cleared for delib-
the Ooutt hod decided that tho plea aud
argument had not boen sustained.
The different Charges and Specifications
woyo now read to thfl accused who pleaded
to each ami all of them, “ Not Guilty.”
Chary vs and Specifications ‘preferred against
Ultimo 1 ray If. honor, of Savannah, in the
County of Chatham, State of (leorgia.
Chary< First.— Maliciously and wilfully
combining and conspiring together with Ua/.a-
wuy B. Lamar, jr., and Junion L. Howard and
Arthur P. Wiight, and others unknown, to
defraud tho United States by stoaling cotton
belonging to tho »uid United Staten.
Specification First.—In this, that tho Baid
Gazaway B. Lamar did wilfully and malicious
ly. at Savannah, Chatham connty, and nt
Tnomanvlllo, Thomas county, both in tho
Suite of Georgia, and at divers other place*
in the Stito of Georgia, in or about the
eighteenth day of October, 1865, and on diyer*
other days between tiiq laid eighteenth day of
October and tlio necond day of December,
1805, combine and conspire Logothor with Gaz-
awuy B. Lam nr, jr., aiul James L. Seward and
Arthur P. Wright, all civilians, and residents
of thu Stato of Georgia, and others unknown,
to meal sixty-seven bales of cotton, marked
(SJ of great value, to wit: ten tboueand dol
lars, and also certain other balos of cotton of
great value, but the number and value of which
are unknown, which said cotton formerly be
longed to u coriuia company known as “ The
Importing and Exporting Company of tho
State of Georgia," and which cotton at the
time und times above mentioned bolongod to
thu United States, thereby intending to de
fraud tlio United States.
Specification Second.—In this, that the Baid
Gttz&vray H. Lamar did wilfully and malicious
ly, nt Suvannuh, in the county of Chatham,
and at Thomasvilio, iu the county of Thomas,
ho li in the Stato of Georgia, und at divers
oilier places in the said state of Georgia, on or
about the eighteenth day of October, and on
divers other days between tho said eighteenth
day of October aud the second day of Decem
ber, 1805, combine aud conspiro together with
Gazaway 1L Lamar,Jr., and James L. Seward
uml Arthur 1‘. Wright, all civilians, resident
in the State of Georgia, and other persons uu~
known, to steal sixty-seven bales of cotton,
marked [8], of great value, to wit, ten thou
sand dollars, and also certain other halos of
cotton, of great value but the number and
value of which are unknown,all of which cotton
at the time and times ubovo mentioned, be
longed to tho United States, and thereby in
tended to defraud the United States.
Charge Second.—Maliciously and wilfully de
frauding tho United Stales, by stealing cotton
belonging lo tho United States.
Specification First,—In this, that said Gaza
way B. L unar, did wilfully and maliciously,
at Savannah, iu the county of Chatham, and
at Thomasviilc, in the county of Tdonias, both
in the Stato of Goorgia, and at divers other
places in said State of Georgia, on or about
the eighteenth day of October, 1865, and on
divets other days betweeu tho said eighteenth
day of October and the second day of Decem
ber, 1865, steal sixty-seven bales of cotton
marked [8], of great value, to wit, ten thou
sand dollars, and also certain other bales of
cotton, of greut value, but the value and num
ber of which are unknown, which said cotton
formerly belonged to a certain company kuown
as “Tlio Importing and Exporting Company
of the State of Georgia," and which cotton, at
the time and limes abovo mentioned, belonged
to the United .States, and thereby, ho, tho said
Gazaway B. Limar did defraud the United
Btaies.
Specification Second —In tliiH, that the said
Uuzuway LI. Lamar did willully und maliciously,
at Savannah, Ctibtham county, and at Tboinas-
ville, Thomas county, ooth in the State of Geor
gia, uml at divors other places in the said State
ol Georgia, on or about the 18th day ot October,
18(15, ami at divers other times between the Baid
iHih day ot Ouiober and the second day of De
cember, ISiifi, steal sixty-seven bales of cotton,
marked [81, of great value, to-wit, ten thousand
dollars, und also certain othor bales
ol cottou of great value, but the value and num
ber 01 which are unknown, which cotton, ut the
time und limes above mentioned^ belonged to the
United States,and thereby he,the said Gazaway 13
L-imar, did delraud the United .States.
Charge 77t//•</.—Maliciously und willully com
bining and conspiring, together with Gazaway 13.
Luinur, .l-\, uud others unknown, to bribo offi
cers und others in the military and civil sorvice
of the United States, tor the purpose and with
thu intunt to defraud tho United States.
Specification Tint.—111 this, that be, tho said
Guzuwiiy Ji. Lamar, did wilfully aud maliciously
at Suvuuuuh, in the county of Chatham, and at
Thonmavilio, in the county of Thomas, both in
the Stato ol Georgia, and at divers other places
in the said State of Georgia, on or about the IStb
day ot October, 1865, and on divers other days,
between tho said eighteenth day of October and
the second day of December, 1865, combine and
conspire, together with Gazaway 13. Lamur, Jr.,
und others uukuown, to bribe Col. Wm. K. Kim-
bu'.l, l-ih Kegimout Maine Volunteer lulantry
uud Major Gideon A. Hastings, 12th Re
giment Maine Volunteer lufaniry, aud cei*.ain
soldiers, uuines unknown, all then und there be
ing in the military service of the United States,
und also Albert G. Browne, .Supervising Special
Agent in charge Filth Special Agency of the
Treasury Department of tho United States, and
W. A. 'Heard, contractor, both officials in the
service und employ ol the Treusury Department
ol the Uuited H'.utes, for the purpose of und with
the intent to steal certain ootton'belonging to the
United Stutes, und thereby to detraud the same
Specification Second.—In this, that tho said
Gazaway B. Lamar did wilfully and malicious
ly, at Savannah, in the county of Chatham,
and at Thomasviilc, in thu county of Thomas,
both iu tho .Stato of Georgia, and at divors
other places in tho said Stato of Georgia, on
or about tho eighteenth day of October, 1805,
aud on divers other days between the said
eighteenth day of October and the second day
of December, 1805, combine and conspiro, to
gether with Gazaway 13. Lamar, jr., and oth
ers unknown, to bribe certain officials, both
military und civil, and certain soldiers of the
United States, then and there having lawful
possession of certain bales of cotton belonging
to tlio United States, for the purpose of and
with 1I10 intention to steal said cotton, and
thereby to defraud the United States.
(.Signed,) . Jno. H. Watrous,
Uapt. 103d U. S. C. Infantry,
Judge Advocate.
William Kimball, Colonel of the 32tb West
Maine Volunteers, sworn and exnminod by tho
Judge Advocate.
14. Where wore you and in what capacity
were you acting in August last ? A. During
tho first part of the month of August 1 was ill
command of the post at Thomasviilc, hilt I am
not quite positivu as to its exact dato. Q.
.S.ate whether or not you had certain bales of
cotton in your possession ut that timo, ami if
so, what did you do with them? A. As com
mander of that post, I had cotton in my pos
session, wh eh I seized under orders in June
lust. Some of it belonged to the State of
North Carolina, some to tlio State of Geor
gia, and >omo of it to G. B. Lamar,
individually, ns stated to me by other parties.
Q. Wliat was tho stntus of that cotton, and
wlmt did you do with it ? A. 1 cau only an
swer a portion of that question. All the cot
ton 1 hud possession of was in two or three
warehouses at Thoniusville. Tho warehouse
of Evans & llamall was one, aud tlio locality
in which the other was stored (and in large
quantities) was tho cotton sheds of Mclvonua
A Co., and the wAiohouse of Louis Golberry.
i tun not quito positive that 1 had etiargo of
any outride those three warehouses. If I
would be allowed lo refer to this paper I can
tell something about it.
Counsel for tho prosecution-— Cortainly, you
can rofrish your memory with that paper.—
Thu witness tlieu referred to 11 paper which ho
held iu liis hand during his examination, after
which ho continued: AU the cotton in the
warehouse of Evans and Barnoll was supposed
to belong to tho Stato of North Carolina ; also,
10 bales supposed to belong to thu State of
Georgia, aud 14 bales in tho possession of Mr-
Jonos, supposed to belong to the defendant.
Q. What did you do with that ? A. By vir
tue of tho orders I receivod from tho com
mander of thu District, I delivered that cotton
to Mr. Brown—Agent Brown. Q. Havo you
the order with you ?
After searching through some papers whioh
- — — imui nun.uu.i.| bmuugi. vu.lio nu.vu
eratlon, and upon the doors being open- v he took from his pooket, the wituass handed in
edf tho JuUgo Advocate announced that on? which Uo stated was th« order, and wh^oh Hi** shippsT, Mr.
was read in court. It was an order requiring
tho witness, Col. Kimball, to bund over all
cotton in his possession At ThoniAMvillo to the
Treasury Agent, except such as ho was satis
fied belongiflrto loyal citizens of the United
Status, pud aid noLcoyio under.pny exception
in thd Prutildfut’f prdelAWitijji of twfc and
the cotton (if the persons wBoiu'loyalty be was
convinced of shqold b# turned over to them.
I.xaajiuatlon continued—Go on and state
wlmt you did with tho ordor. Witness. Under
that order, on tho anivul of Mr. Brown, the
I rcasury Agent, 1 exhibited tho original pa
per, of which this is a draft. Although it is
not signed by mo, it was the alignment of
property in my charge to tho Treasury Agent.
The original is in tlio hands of Mr. Brown,
and at that time I look his receipt, which is
that, sir.
Tho witness then handed in two papers, one
of which whs a copy of the assignment of all
the cotton in his possession over to the Trea
sury Agent.
Mr. Julian JIartridgo objected to tho intro
duction of that paper as evidonco, the wituess
being presont to give oral evidence in the
case.
The objection was sustained by the Court.
The Other document handed in by the wit
ness was nlso read, it was merely a receipt
from the treasury agent lor the amount of
cotton already specified.
The cross-examination of tho witness by Mr.
Julian Hartridge was then proceeded with.
Q. Tho receipt of Mr. Brown refers to a
schedule, whore is that schedule ?
A. The schedule never was delivered to me.
An ollicor was designated by Major Manning
at my request for the special duty of taking the
marks aid weights of each bale of cotton
which Mr. Brown took out of each of those
warehouses, and at tho time I was relieved of
the commund of that post, the ollicor had not
completed that duty and I received no report
from him.
The witness was then dismissed subject to
recall, after which the Court was cleared for
deliberation.
After a brief intorval the case was again
opened, and
Counsel for tho prosecution remarked—
I wish to state to the Commission that
the witness that will next bo called, his
testimony will occupy several hours And
hardly anything can be gained by culling
him now, and I may also remark that the
genilemcu conducting tho delcnco would pre
fer lo adjourn to ono o’clock, as 1 suppose that
is the u#inl dinner hour at Bavannah. To tho
gentlemen conducting the defence I may add
that our Courts at home—our Civil Courts—
usually sit from nine in the morniug till one,
and then- meet again at three and sit till six,
thus affording those who have diuner hours at
one an opportunity of goiug home to dine.
The Commission alter a low moment’s de
liberation, decided lor oue session—Irom nine
o’clock iu the morning till two in the afternoon.
Leeuiau buunell, Chief Detective of this Dis
trict, sworn uud examiued by the Judge Advo
cate. 8tate what you know concerning this case.
Witness—1 arrived in Thoinasvillo on duly iu the
latter part of Novouiber. 1 was there ou tho night
of the 25th, aud ou the morniug ol the 2’Jtb 1 went
to the oflice ol Col. Brown, Treasury Agent. 1
there met G B. Lamar, Jr., in conversation with
Mr. Brown; Coiooel Brown asked him ii relation
to 67 baleH of cotton shipped by him from Spume's
plantation, at Quitman, Ga. Lamur stated—
Mr Julian Hurtndge objected to the wituess
giving uny statement ot G. B. Lamar. Jr., as
hearsay evidence, and not such as could 111 any
way implicate the prisoner till u conspiracy wus
proved between them, which hud not yet been
done.
The prosecution answered that the object was
merely to show by the conversation which the
witness overheard, that tho anest and discovery
ot pupers was mude on the suspicion of the exis
tence of a conspiracy.
Mr. Julian llartridge—The object is to estab
lish what was doue respecting those 67 halos of
cotton. Those 67 balos of cotton ui e tho subject
mutter of accusation uguinst the delendaut In
order to prove what was done with the 67 bales,
tho prosecution desireH to introduce a declaration
of G. B. Lamur, Jr., not now ou triul. We object
to this declaration us hoursay evidence,because he
must be brought here us u wituess himself. We
object on this ground also. Although we admit
that unythmg G. B Luinar, Jr„&a'dor did in
carrying out the common designs ol couspirutois,
would bs good ovidonoe against all ot them, we
contend that it must lirst be shown that there wus
u conspiracy, the principle in law being that no
beursay evidence cun be introduced unless the
parties wete joiued together in the commission
of u crime, und you must lirst show that they
were joiued together. Counsel then quoted sev
eral authorities in support ol hid argument, uud
contended that the prosecution should first show
that G. 13. Lamar, Jr., was 11 conspirator with the
detendunt before they could introduce his decla
ration.
Counsel for the prosecution—Tho object of the
question is not to provo that ho curried away cer
tain bales of cotton, but to show ihut in conse
quence ol certain remarks mude by him, tho de
tective proceeded to urrest him und louud ou his
porson certain papers. Subsequently alter we
have shown that there was a conspiracy, then the
declaration as the conlession of one of tlio con
spirators may come in us evidence of the tact.
The object is simply to show how the witness
came to arrest Lamar and what papers he found
on him. These declarations, admissions, or con
fessions of young Lamur were made during the
existence of the enterprise, which will subse
quently appear m the testimony. We wish simp
ly to show in narrative form how the detective
came to make the arrest aud tho seizure of the
papers.
The Court ruled that the witness should only
refer to the circumstances in connection withthe
arrest without giving the declaration ol U. 13. La
mer, Jr.
The witnoss then continued—I arrested Lamar
between twelve and oue o’clock on the 2'Jth No
vember, and proceeded with him tu his room,
which 1 searched; 1 seized all his papers and
books, and asked him whether ho would prefer to
goto jailor haven guard in his room. I after
wards placed a guurd over his room, and gavo
instructions to the guard not to allow uny one to
see him, speak to him, or pass any notes to him
except through me. I afterwards examined his
papers and letters; I found two letters in liis pos
session directed to Mr. Browne, which I hud not
seized, went to him and demanded these letters
addressed to A. G. Browne, and he replied—
Mr, Julian Hartridgo—One moment, please,
Judge Advocate.
Coo isel for prosecutiou—I presume it is the
same objection as before. We will puss over that
for the present.
Mr. Lloyd—Very well.
The testimony of tho witness us to tlio conver
sations of G. B. Lamar, Jr., being thus ruled out
until bis identification with the conspiracy
should be established, the papers seized on him
wero put into the case by the Government and
tho witness proceeded to state : “After thus ar
resting G. B. Lamar, Jr., I w.rnt to Savannah,
aud by order of Msj. Gen. Brannan, arrested G.
B. Lamar, Sr., and took his papers also,"
The witness then produced a large manifold
writer uud a bundle of letters, which lie seized
as belonging to the prisoner.
Counsel lor the prosecution then proceeded to
road to tbo Court the following letters found in
tho prisoner’s possession :
Tiiomasvii.lk, Ga., Oct. 24, 1865.
' Dear lfnc.lv—I leave with train in the morn
ing, which will carry the 45 balos from Boston,
the 73 from Quitman, and 8 bales from Groo-
.ver’s—two of tlio ton from the luttcr place re
ported stolen.
I havo had much trouble and annoyance,
oyerybody. with one or two exceptions, work
ing against me. 1 shall go to Blackshcar on
Friday to see Col. Kimball, hy appointment.—
I am thrown, and havo been 011 my own judg
ment, and havadono my best, which I hope
will give satisfaction. 1 am anxious to see
you. I have followed your instructions as far
as possible, and have gone outside of thorn
when it was impossible, but I hope to get cot
ton. Yours truly,
G. B. Lamar, jr.
I shall beat Quitmnu until Friday morning,
and then at Bluckshcnr.
Tuomahvim.k, Ga., Nov. 15, 1865.
Dear Cncle—Browno will complote in tho
morning tho shipment of tho Importing and
Exporting Company’s cotton in Parnell's
warehouse—having already shipped that from
McKinnon’s. I encloso you complete list of
what he has shipped, lie has not obtained
liis rocoipts for wbat i« now on the platform
ready to be shipped, so that I am not positive
about to-day’s work—the rest is accurate.
Browno has not vot replied to Seward’s let
ter, a copy of wnioh I sent yon, and has
hipped the tight by delaying the answer.—
»_ with whom 1 mb*
.od i cmw. r wU , l Kra
tween that »ud th. i. , n j r ty, v " te b> --
* Ueek.de company Il.rL ,h’., "„” ot
.hi. to .top .11 L ICES
b } the recent he.vjr rain,. I hope T.t cum.
rnimitation h.» not been cut. I , m v “ rv . "
tons to hear from yon. ’ anx "
Yours truly,
... ... ”• Easiar, m.
We lire obliged to defer the publication of
the remaining five letters, owing to tho crow .
ed stato of our columns.
Tito Coon then adjourned until t hU
morning nt 0 1-2 o’lork. U
NEW ADVtRTIsfeivlENfa.
Savaanah Theatre.
Raymond jt Hamilton Leucc. A
WEDNESDAY UVENlNCJ, DEC. jj,L,
Uicat Triumph of
ATiss Xiose "Wood
The performance to commence with tho l)ram« m ’
Delicate Oround.
Ottlz.n Lengftold Mr w jj. Crisp
Grand Fancy Dance Mias Hose Wood
To be followed by
ASDY BLAKE.
Andy Blake Mis. M. E. Gordon
Grand Putt de Dcii» Mis. Bow Wood
To conclude with
20 Minutes with the Tiger,
Ill which all tho Comedy favorites appear. dcc 27
Central Railroad.
Nliporin tmident'M Otlice, >
Savannah, Ga, Dec. Wtk, 1800./
fANandancr Thursday, 28th tnKlint, a dally., In
, ■“*« for AuKuata at C a. m„ conuecUne
with a line of Uncks roiinlnt- between BunionNe. O’f.
Central Railroad . „ ml bumpkin, on the An S u«u
and Savannah Kailroad. h
.t^-E- Itythto line will arrive in Augusta «t
tlagina is reduced to twenty-two miles, .11 day
light. Retaining leave Augustus a. m., arrive at tu-
vanium at 10:15 p. m.
Freight to go passenger train must lie prepaid aud
delivered at Passenger > hod by 5 p. tn day previous
I assengers restricted to foriy pounds of BuggaKe.-
Lxtra Baggage, five dollars |>cr 100 lbs.
Through Passage $1250
, , GKO. W. ADAMS,
dec2T—lw General Superintendent.
For Augusta,
AND LANDINGS ON THE EIVES.
THE well known steamer Swan, (havingbe<*n
put In complete repair), of exceedingly light draught,
is -eceivlng freight nt Fadelford’a Wharf, and will have
dcsratch.
The swan will contlnuo to run regularly, making
weekly trips, uud iu connection with steamer 1’. U.
Goodecll, will form a semi-weekly line; another light
boat will soon bo added to th« line, If the patronage
will warrant It.
Tbo undersigned solicits the patronage of his friends
and former patrons.
Kriught will bo received at all times In the Brick
Warehouse on Wharf; covered by Insurance.
dcc27—lw M. A. lOUKS.
WA.NTED
A PHYSICIAN, who thoroughly understands
the practice of .Medicine and surgery, uud the
dispensing of Medicine, must be well recommended,
sooeraud steady, will hear of a situation by addreaflug
A. M., at this ofttco. dec. 1 7 at
Room Wanted.
.4 FRONT ROOM in a private family or bonnl-
LV ing house in tho central portion of the city. Ad-
dress l)ox 428, P. Q. dec‘27—It
To Rent,
T HE PLANTATION on tho White Bluff
Hoad, about 3 miles from Savaunab ; the land ii
rich, and well suited for Cotton o - for Gardening.—
Apply to H. UAB&KdHAM & duNi.
tlec27—St
Furnished Rooms
TO llEISTT.
1 .10UR elegantly furnished Rooms, with all tho
modern improvements, to rent in a private fami
ly—nbout live minutes' walk from tho Post OQk-c.—
Apply at this office. decil —3t
TO RENT,
rmvo Rooms, furnished or unfu-nished. Apply
A corner of York aud Drayton streets, dec - .’’—St
LOST.
O N the night of the '(5ih, a Uny 1*1 are, 15 hands
high, has a mark ou hor left bum. A liberal re
ward will be paid by returning her lo me, ou Bute
street, betweeu Bull and Whitaker.
dec‘27—tf * DR. W. R. WARING.
3TKAW3ERRY
Plants by Mail.
We will send by mail, safely picked and postpaid :
For Five Dollars, 1 DOZ.JD I'NDA-OUR No. 709.
1 " agriculturist.
1 •• GOLDEN bKKDED.
For Ton Dollars. 2 “ JUCUNDA-OUR No. 700.
2 “ AGRICULTURIST.
1 “ GOLDEN SEEDED.
1 “ WILSON'S ALBANY.
ForTwcnty Dollw 4 “ JUCUNDA-OUR No. 7C0.
3 4 “ AGRICULTURIST.
2 “ GOLDEN SEEDED.
2 “ RUSSELL.
2 “ THIO.MP1IE DE G4ND.
2 “ WILSON'-' ALBANY.
1 “ LENNING'S WRITE.
• Tho above arc tbc most valuable kinds now cultiva
ted. and Include early, medium, and lato maturing
varieties. The Jncunda—onr No. 700, for size, bean'y,
yield, profit, and other desirable qualities, Is the most
valuable strawberry of which we have any knowledge.
For tho Agriculturist fa now seedling] wo paid tho
highest price ever paid for a Strawberry; Golden
Seeded Is the beet early, aud Lenning** White the best
white; Russell, Trlompho d* Gand, 'and Wilson are
invaluable.
Our catalogue, giving descriptions of these and many
other varieties, and furnishing much valuable informa
tion to growers of strawberries, will bo sent to all ap
plicants enclosing 1) cents. J • KNOX»
dec27—Ct (Box 165] Pittsburgh, !’*^
For Hale.
WHITE CORN
On board Brig R. C. Wrlglit, in lots tx> suit iwjjw*
ere. Apply to ROBT. RADERS RAM X SONS.
dec27—at
Taken Up,
jba ON Tuesday evening l**h A BaY
rajL Ware, with broken harness on, and ono
small star ou hor forehead. A pply to
jQCcylY TROMAS KENNEDY,
docl7—It cor. Taylor and Abercorn st*._
BKIOKS, BRICKS.
WOOD, WOOD.
1 OA THOUSAND Georgia made Brick* and
lOv Three Thousand Cords of good 1 lne W°oa,
for sale by HAYWOOD « URoCHB,
doc27—fit Office at the Ice House. Market square. _
Seed Bice.
souq