Dynes v. Hoover
Supreme Court of the United States
This case was brought up, by writ of error, from the-Circuit Court of tbe United States for the District of Columbia, holden in and for tbe county of Washington.
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This case was brought up, by writ of error, from the-Circuit Court of tbe United States for the District of Columbia, holden in and for tbe county of Washington. Dynes was a seaman in tbe navy, who was tried by a court martial upon a charge of desertion, who found him not guilty of deserting, but guilty of attempting to desert.; and sentenced Mm to be confined in the penitentiary of tbe District of Columbiá at bard labor, without pay, for the term of six months from the date of tbe approval of the sentence, and not to be again enlisted in tbe naval service. Whereupon, the President of the…
1Opinion of the CourtJustice Wayne
The plaintiff brought an action for assault and battery and .false imprisonment, charging that the defendant imprisoned him in the penitentiary of the District of Columbia. The defendant pleaded the general issue, and several special pleas, in which he denied the force and injury, and set up, that he, as marshal of the District of Columbia, imprisoned the plaintiff by virtue of the authority of the President of the United States, in the execution of a sentence of a naval court martial, convened under an act of Congress of the 23d of April, 1800; which sentence was approved by the Secretary of…
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