Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-03-20

tnt pdiuS auu pSndlAes Oh VOldbOu Oh
the law of the United States.
TO which charges and specifications,
he plead not guilty
Lieut.. Thomas Horne, witness in
behalf OF the prosecution, being sworn,
states: That the accused observed tol
him, but afew days before the mutiny
broke out at Fart jackson, that he
would be angry enough to shoot any OF
his uen who would pretend 10 80 home
previous to the goth December, aud bad
previously directed his men TO discard
the idea OF going home, until he went,
which would be at the expiration Of SIX
months.
Question by the Prosecutor. AT,
what tune did you first pear Captain
Ssrother dissuade his men tIom going
home?
Answer: | disrensmher: but be-
lieve II vas in September.
Ensign Thomas S,mPson, witness
in behalf of the prosecution, beng
sworn. states. That he frequently heard
that Capt Stiother should have SAID
that, if ne was lieutenant or ensign, he
would march the men home; upon
which, be applied to him to know wheth
er or not be aad used such an expires
sion, when the Captain informed him
that he bad not, and advised him TO stay
! and do his duty until be, the Captain,
| would go, which would be at the expi
ration OF six months. And, at another
time, he heard the Captain tell some OF
his men, that, ii they went, it would bt
at the risk OF their lives, being shot, and,
perhaps have cause to regret such an
act as long as they lived.
Question by the Court. Did you ev-
er hear Captain Sirother use any threats
towards the men who were talking a
bout going home; say that be would
| put them under guard, or report them
to the commanding officer?
Answer. do not know that did, fur
ther than stated heretofore.
Question by the Prosecutor How
many days before the men actually
went oil, did you hear this inquiry OF
Captain Strother;
!
else tiu,e, bui believe it to have been
six or eight days previous.
J'hn 5 Smith, Fife Major wit
ness in behalf al the prosecution, being
( sworn, states: That he never heard any
language used by the Captain to his
men, but to continue in service Dntil the
expiration of their six months; and that
II was highly improper 10 be breaking
oil; and that they would be punished 1t
j they went sooner.
Seljsaai John ID Smith, witness in
behalf OF the prosecution, being sworn.
states; That he formerly belonged to
Capt Smiths, and was attached to
Capt. Strother's company at Fort win
bans: marched under his command to
Fort Jackson. and never heard his Cap
tain say enc word on the subject men
toned IN the charges, but once. When
! at Fort jackson, at the time the meet
ing assumed pretty high tone, be oh
served, Boys, hush mutinisine; stay
uEtii 60 home, which will be at the
expiration Of six months
Daoid .Mo,roto, SERGEANT OF Captain
strother's company, witness in behalf
OF the prosecution, being sworn, states:
That, on the march between Forts
jackson and Deposit, his Captain asked
him how long be expected to stay 10
service, to which he replied, six months
as they were mustered in for that time
When his Captain observed that, unless
be was shown better law than be had
yet seen that he should not serve longer
than three months; and, on the 18th
September. told him that, if he was a
lieutenant or ensign, he would march
his company home at the end of three
months. as there was no law to keep
them any longer.
Question ist by the accused. Dol
you know whether or not called for
guard one evening, to prevent the bake
shop being torn down, and do you know
the reason that guard could not be
hads
Answer Yes; you called for guard
for that purpose, and believe that the
men were apprehensive of danger.
Question 2 Was not il mentioned as
useless to try to get guard? and did !
not say that could get my own guard
Answer You stated that you could
get your own guard, and think it was