D.C. Frowman, Plaintiff Vs. H.C. Lilly, Defendant Estill Circuit Court July 7, 1863 ------------------------------------------------------------------------- Contributed to the Estill Co., KY Archives by: Jen Bawden Originally published in the ECHGS Newsletter & used with their permission Date: 05/16/1999 ------------------------------------------------------------------------- The plaintiff D.C. Frowman states that on the 22nd. day of June, 1863, he was attending to his regular business as jailer of Estill County, when he was taken by a file of soldiers led by Corporal Isaac D. Green acting under and by the order of Colonel H.C. Lilly commanding the 14th Regiment of Kentucky Volunteer Cavalry and thrust into the jail of said county and the jail key taken to the military camp not very far from the jail early on the morning of the 23rd day of June, 1863. The plaintiff obtained a writ of habeas corpus commanding H.C. Lilly to bring the body of the plaintiff before before the proper authority to show what authority he imprisoned said paintiff. Said defendant refused to bring said prisoner forth at the time and place named in said writ, but sent a company of armed men commanded by a Major of Battallion and took the plaintiff to said camp and kept him strictly guarded for several days in violation of the laws of the State. The plaintiff for releif and for redress relies on the 8th Section of Chapter 45 of the revised Statues whis is in these words. Viz. If any person on whom such writ is served fail to bring the body of the petitioner, which a return of the cause of his detention, at the time and place specified in said writ, he shall forfeit and pay the prisoner one thousand dollars. Wherefore he prays Judgement for one thousand dollars and other proper relief. D.C. Frowman E. Hendon Circuit Judge, Estill County Colonel H.C. Lilly's answer to the Petition The defendant admits the plaintiff was the jailer of Estill County at the time stated in his petition and was attending to his business as such. The defendant admits that he was at the time stated a Colonel of the 14th Regiment of Kentucky Cavalry in the active service of the Federal Government and as such he ordered the Corporal Isaac D. Green in the same service to arrest the plaintiff and take him to the camp of said Regiment a short distance from the jail where the defendant was the superior officer and commander, and Green took the plaintiff and put him in the jail and took the jail key and the plaintiff was afterwards taken to the camp aforesaid by Mr. A. Smith, and while in confinement a court purporting to be a writ of habeas corpus from a Justice of the Peace of Estill County, holding his Commission under the State authority and not a Federal officer, was served on the defendant and the defendant believing that the Justice who issued it had no jurisdiction to take a prisoner out of the hands of a Federal Officer which the defendant is advised is the law. he refused the writ and detained the plaintiff. The defendant stated that at the time of these occuranced there was a rebellion and war existing between the so called Confederate States and the United States Government, and the emergences of the latter government necessarily called into action all the War Powers of the Government. The defendant furthers says that one John Hurley a private soldier in the 14th Regiment aforesaid had charges preferred against him by a Commissioned Officer of Musician, as a soldier in the following particulars, first of desertion from his command and secondly of horse stealing in several cases and on said charges had been arrested by the order of the defendant in the proper discharge of his duty, and was tkane by the Provost Marshall of said regiment according to the jail, kept by the plaintiff to be confined. The plaintiff refused to receive him or to permit him to be confined in the jail, said Hurley was then returned to camp and the defendant had him again taken to the jail for the purpose of confinement as the defendant had a right to do. The plaintiff refused to let Hurley be put in jail and said that if he was put in that he would turn him out. The jail and jailer being within the bounds of the defendant's military command he did order the arrest and confinement of the plaintiff as above stated. The country at the time being in great peril and this part of Kentucky under defendant's required all the acts aforesaid to be done for the protection and safety, and they were done in good faith and without malice. The defendant insist that under the Act of Congress enacted provisions to any of the acts complained of for the protection of the President of the United States and all military officers in the service are exempted from all liability for the acts complained of and is further more exempted from liability by the Articles of War and the laws generally which are applicable to Military Acts. He further insists that this court has not and can not take jurisdiction of the matters complained of the same being exclusively within the jurisdiction of the Federal Governament and its functions. The defendant further stated that it is not true that the plaintiff was arrested and imprisoned by the defendant without any excuse or reasonable or probably cause and it is not true that the proper authority granted the plaintiff a writ of habeas corpus as alleged. On the contrary, the writ was issued by a Justice of the Peace of the State of Kentucky as above stated without jurisdiction or competent authority, and disobeyed orders as above set forth by this defendant, and he denies that he is liable to the penalty alleged. We further relie upon all the matters above set forth in response to the plaintiff's injured petition as his defense to the amended petition and prays to be here dismissed. Turner Burnan H.C. Lilly says he believes the statements contain in the forgoing answers are true. H.C. Lilly Sworn before me by H.C. Lilly this 9th day of November, 1865. E. Hendon ****************************************** Copyright. 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