Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-12-21
BRIEF REPORT

zaent, December All, l3lG-tejo fore Judges
STORY s DAVIS.
WILLIAM BEVANS was placed at the
Bar, under charge ofhavins OH the 9th
day Of November last, fefcaiouSiy and pr
radically MURDERED one PETER LuN-
sTRUM, coon 5 male OH board tic u SIS.
74-gun ship, the independence, while Wing
in the deep waters IN the harbour of isos-
ton, and without the jurisdiction ii any
particular State. 70 this charge the pri-
soner pleaded Not Guilty, anoi he was put
upon his trial in the usual form. GEORGE
BLAKE, Esq. the District Attorney iortha
United States, conducted the prosecute
OH IN their behalf, and the Court ton are
quest from the prisoner assigned WAR
Rem DUTToN <, FRANKLIN DEXTER,
ESQ rs. as his Counsel.
The Attorney opened the cause, and
after reading the statute, and defining the
law which established the crime OF MUIR
der, produced the evidence on which ne
relicd-On their examination, ii appeared
that the prisoner was placed TAT the time
OF the unfortunate event as sentry IL
round the galley or cook-house on board
the independence for the purpose of pre-
serving order and maintaining discipline
that the deceased had been scutfilng IL
makinga noise with one of bis comrades
nate event, but which bad, however, Sub
sided-that shortly afterwards, The decea-
sed brought bundle OF his clothes, and
placed hem on harness-cask, near the
co0k-house, and within the limits OF this
sentlneIs post having occasion 80 repair
10 the cock house, to arrange some OF his
kettles, Oh his return he missed his clothes,
and charged the prisoner with having sto-
len them the prisoner denied the charge,
and threatened thedeceased ifie repeated
it TO do him harm /; he did repeat it, when
Gas one of the witnesses stated Bevans
ST uck him with eflat end ofhis bayonet
adding, if he again called him a thief, lie
tcoutd ran hisa through the body. The de
ceased then retired back 10 The harness
cask, distance of about twelve feet, amd
leaning between the cask and the cable
bits, called BeNans damTd marine SON IF
biteh-upon which, the prisoner march
edup 10 him with moderate pace, piung
ed has tnyoaet i'So The centre Of the heart Of
LllStr,rna, and he almost inStemtiydied Such
is the briet history OF this melancholy ca
| tastroRhe. There was little variation in
! the evidence they all swore, that Lun-
| strum (the deceased neN er lifted his hand
or attempted to assault the person Of Be
vans.
The Counsel Cor the prisoner rested
their detance on two points-lst, thai Tie
prisoner being placed as a sentry, q arm
ed, was by legal authority on 4 military
posi-, and therefore lawfully armed with
| the deadly weapon with which lie perpe-
trated the deed, and being charged by
! his superior officer to preserve peace and
require subordination; inasmuch as at ev-
| cry hazard, Lunsirum, both before as
when the mortal wound was given, had G.
| vinced an unruly disposition, wllichlt had
| become the ddty fthe sentinel ~ check,
and had also grossly insulted him on his
| post, by charging him with an infamous
| crime, and a want of yeracity, alike dis
| graceful TO the character ola soldier: his
mind had not only been provoked TO a
state of frenzy but, he had been so III
suited OH his post, as that although he
! might have exceeded the bounds of strict
| iscretion--yet, as he thought he acted
in conformity TO his orders, he ought 10
have the most liberal construction put on
his conduct /; because, he had not, before
or after hc gavetlIe mortal wound, eyinced
| a temper of mind tinctured with either
malice or revenge. 2ndiy, That DeyaDs,
| acting under the Impression, that from
his orders it became his duty TO preserve
peace and maintain order, at every haz-
ard therefore, although 10 actual assault
had been mad. on hnn by the deceased,
| vet he had not the capacity OF mind Suih-
ciemt to draw nice distinctions as 10 the
legality or correctness of those orders =
that, as soldier, it was his duty TO yield
implicit obedience THAT the prisoner,
moreover, had been a soldier during the
late war, and placed in situations where
rigid discipline and instant decision had
been often necessary and PROOF was adj
duced, 70 slIew that he had always been
among the most active and alert IN the
moments of peril aud danger. II, there
fore, he had mistaken his duty, the man
tie Of charity ought TO be thrown over
this unfortunate transaction, II not Who'll
Is to excuse, yet at least 10 reduce the aci
to granddaughter.
Witnesses were introduced 20 subsian-
tiate tho fact, thai orders had been given
- senfnels by corporals, wien placing
them OH their posts, 10 Kill any man who
should disObey them while on duty that
all orders IS ere passed III this manner to
sentrIcs and Lieutenant Freeman, OF tie
army, was introduced in aid Of their eNis-
tencc: but, on his cgcss-eXdninauon, he
would moi swear, t.iat (since tire peace
such were now IN force and the Officer
ofnarines in command and doing duty
on board tie Independence, testified, that
if the corporal gave such to the prisoner
or any other sentry on board that ship, II
was not from any authority or order
which had been given by BIN, nor did tii'
prisoner produce the coTporat from whom