Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1827-05-31
CHARGE 2I.-cosNIvIso MvTIsv"

| the Rules AMI A.tces OF War. 10 winch
/ charges sod specifications the prisoner plead
| not guilty.
| Lieut. Noah Bennett, witness m behalf u
| the prosecution being sworn, states that he saw
the prisoner on he 18Th sept 1914, with a pa
| per containing good many names, ADD TIE
! nr;s,ner informed him be only SET down such
| mems names as directed h,n 10 do so--tlat
those who were present said It Was list Of
| mems names to draw provisions TO go hume on
the goth Sept that the prisoner rIs one ef tie
tsainsns bartg, who marched OFT ON the 10Th
| that he belonged to the same company, and
! brhe sed the prisoner never reported any OF he
mntin1us party, ss req iI~ed By the klies AID
| Articles OF War-thst the prisoner was under
| his immediate command ON the 1871 Sept and
| that he Behaved himself, rs lsui 1eeH until The
| evening when he saw him with the paper as
| described hereto fore.
| John = Hogan a witness in behalf of the
pros ecution being sworn, states that he saw
| the prisoner with a paper setting down such
mems names AS intended drawing provisions for
the purpose Ggoing home and on the morning
| of the 10th Of Sept. lie saw the prisoner march
| off with the mutn1as party.
John Husbands. a private in Capt. klplt'
rick's company, b wltness in behalf of the pro.
secu,on, being swora, states, that while at
Fort Jackson in the month of August, he heard
the prisoner say that there was no law to cum
pei the men to ay IL seryice longer III a. three
mopths--that he VISA nan Of sptrii. and would
not stay longer-ihlu considerable ndmoe r
of,he men wur.d 20 then, and one that would
reH,ss he could seg b1g9Hetted about SIX inches,
| ,EAt hey would upta ne Big Or Great man,
aad siiper tl.1r rfskets over h.s lead, out not
strike 90 hard 4s to kR avn
The Court adjourned until tomorrow, G.
clock.
The Cour. met pursuant to alj0nrnment
present, the President and nemoers and pro-
ceeded 10 tia. further examination ut the wit
Hesses.
Edward Stephens, ssergesnt Of Capt. Xii
pars,ck'4 company, awltnessln behalf OF the
| defend.nt, being sworn, states, that he saw
| the prisoner with paper setting down such
! sens names a. was going hone, and said that
| he would take dawn none but such as directed
| him 90 DO so, a, d The prs bner marched off with
| the nu nous party on the 20,h September.
James Alexander, Sergeant Hajor.l a wit
| ness IN behalf OF The defendant being sworr
states, that on the Is h Sept tie saw the pei
| sDner when the provisions were issuedi believes
| he received hrs prooortion.ble part, and on
| the morning of the 20tb march of with the mu
| ,iaous party. that the prisoner old him that he
lad not supposed hat the list which he had of
| he mems names was improper, ae II was tn
be handed to he cOones that the prisoner
gave up his name TO Capt. fitzpatrick, and
! thinks he demanded and received a receipt
which he had given for his gun, or the captain
wrote one for the purpose,
| Ensgn David Kelley. y witness IN behalf oil
the defe ndsnt, being sworn, states dat the PrI.
soner belonged to the same company. tni was
| frequently near him during August and The be
ginning ofSeptember, that he generally behs-
we'd himself well, and was obedient 10 orders.
! James Smith, prvase of Lieut.. NncheII's
detachment vi ness in behalf OF the defend
! ant, being sworn says that the prisoner ADVISED
him nnt 10 20 home with the mltinous party,
and believes vert himseifo on the Gosh Septem-
Der.
james Nelson, a private in Capt. Mebsne' s
Company, a wftness in behalf Of the defendant;
being sworn states that he heard Gen. Wash
ing on, of Tennessee, say 70 the members. OF
the court ma tisl, that he did not know whcth
er the men were ordered out for a tpur otthree
or six months; that he had wrote to the Cover
nor, but had received no answer to has letter on
that subject
The prisoner states, In his defence, that he
was totally unacquainted with the nature OF
militia service that he had frequently heard his
officers say hey knew Of no law compelling mi
ht& to remain onger than three months, anc
firm the opinion of the other men of respecta
biii'y aud inf 'rms'ion, conceived his Term OF
service had expired; returned his gun to his
captain, under that impression took up the re-
ceip' he had gave for il. and departed from
Fort Jackson conscious of having discharged
his duty.
The court after mature consideration on the
evidence sdduced find the prisoner gully as
charged "withthe exception Of yelling and hr
ing his gun, and saying he would re axe those
who bad been taken by Capt. Blackmore; and
sentence him to receive DtArH by shooting
The above extracts, so far as they relate to
the organization of the court-martiai and the
trial OF John Harris. are correctly copied from
the original proceedings of the court, which
were put in my hands by Col. Robert Butler,
late sdjutant General Of the Southern Division
when he moved from this State to Florida, a.
bout Two years ago.
ANDREW DONELSON.
n. The committee did not deem It ne
cesssry TO publish the trial of more than one Of
The leaders OF he mntny, as from that and the
certificate of Col. Pipkin, a correct idea may
be formed If the whole transaction.
Certificate Of Co!, Pipkin.
APRlL 10, 1927.
DEAR SiR: t'hsve'oeen informed that Messrs
Buckner and Flank Johnson, late memners
OF Congress, have enormously charged Genera
Jackson with having SIX militia men tried and
executed without necessity, and for crimes
Committed AtIer their time OF service had expi
red.
Believing that the SIX men alluded to we're
ofmy regimen, deem it duty owe 10 Gen
Jacksnn, as well as the community at large. to
make full statement Of the facts and clfeum
stances come c,ed with their arrest and execu
ton. The regiment which I commanded wa,