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

seouIion, being sworn, tes,--That he heard
the accused say that the opinion Of the United
States attorney oil the state OF Virginia was
nothing but newspaper law-,hat the accused
asked him, between the 18th and 10Th Septem.
Der, it be had given out the foolish notion
OF gong home, that his answer was IN the al.
tirmatIve, as he disIiked the idea OF being con.
fined under guard. and he wished to Go the
thing that was right; when The accused asked
him ifhe did not think it was right to go home
that he replied in the negative, as the Colonel
| discountensnced il, and his orders ought to be
obeyed; the accused then told him that the
Colonel wished to devil them all that he could (;
at which time the conversation ended; and the
same evening they met. and the accused asked
him il he was determined on, or if he had
made up his mind to go--;hat some would, and
i any did, he wanted the company particu
larlY to do SO; that the Lieute nant was frequent
y present when the men were using the 6idek
drink, and ulterlGg muIinous language, aud
knows Of no attempt made by the accused TO
stop the progress Of mutiuy.
John Sm,thfte major,s witness IN behalf OF the
| prosecution, being s~ orn, siatcs- That several
OF the men, 10 his pre- sence, asked the Llenten'
am has opinion on the subject Vi going home,
and the only answer he ever heard to such in
! quiries, was, that it was not right to go home
! but knows OF no other exerton, by hIm to sup
| press mutiny.
David Horrors. Sergeant Of capt Strother's
| company, witness IN behalf of the prosecu.
| ton, being sworn, states, -That he heacd the
| accused say, that the opinion OF the U. STATES
| attorney OFT the state Of Virginia was nothing but
] newspaper law. he ard him ask some of the
| men, who were dividing provisions, taken from
| the issuing house, it they had put any IN tor
| him he was asked, by some OF the par
| ~. If he you'd go. he answered that he reck
| oned so, and directed his proportionable part
| TO be put in the bag, belonging TO some of the
| mess. and accordingly, one and hall pansful
| OF Hour was placed nit.
| John Harris, private Of capt. fitzpatrick g
I company, witness in behalf OF the prosecution,
| being sworn, states, That sometime in the
| month of September, one of the men asked the
| accused. in his presence, for permission to pur-
chase one gallon OF whiskey to treat the men
who were going home on the goth ofthe month,
and that he smiled, and said he would always
| wish to see men tres ted in good cause. Some
! time afterward, he went to the accused, aud
| asked bis opinion abou, going home; when the
accused replied, that if he was clear OF a
I commission, he would act as others were about
| to do.
Col. u. Ppkn, witness on behalf OF the
defendant, being sworn, states,-That the &C
| cused, to his knowledge, never made any at
tempt, either to excite or discourage mu,iny
! but supposes he did rot use his endeayor &c
suppress mutinY, as required by regmenta
order, dated 23d August, 1914.
Question by the accused. Did net. ONE
time before the mutineers went Off, ask you il
those men. who remained, would not be attack
| ed TO other companies!
Answer. | was asked that question day oil
two before they went away, BY some persons
| but disremember who they were.
Capt George ,Nebaae, witness, being sworn
in behalf OF the defendant, ststes,-That biz
indispostion, during the mutiny at Fort Jack
son, prevented his knowing any thing relative
to the LcutenanPs conduct.
Lieut.. John r Co0tsey, witness in behalf Of
the defendant. being sworn, states, - Knows Of
nc attempt made by the accused, either to ex
cite or suppress mutlny,
Lieut.. James Boyd. witness in behalf OF the
defendant, being sworn, states, that he is to
| tally unacquainied with the Lieutenant--s con
duct, bu, heard the commanding officer ex.
press his opinion on the subject, and said he
| thouy ht the accused was not as ygilant as could
be expected
EHsl on Thomas Simpson, witness in behalf
| of the defendant. beng swarm, states,-rhai
he knows Of no language made use OF by the
accused, as charged, and no attempt either &c
excite or suppress mutiny; that he heard the
Lieutenant say, that he did not calculate on 60
ing home until he obtained an honorable dis
charge, which would be between the 20th De
cember and goth January, 1915
Ensign Jesse Gilbert, a witness IN behaH Of
the defendant, being sworn, states,-That he
was frequently in company with the accused
during the mutiny, and neN er heard him make
use ofany language rs charged, and OF no at
tempt of his, either TO excite or check the pro
ceedings OF the mutinous party.
Question by the accused. DID you never
hear me say that was determined to continue
in service, until got an honorsbl discharge
Answer. You mentioned TO me, that it was
your intention to stay until the expiration OF the
! time of service, let Others do as they would and
| that this observation was made by the accused
abou, eight OF ten days previous to the mems
departure from Fort Jackson.
James Shelton, private in Capt. Strother:
company, witnessin behalf Of the defendant
being sworn. ststes-1hat he heard the sceu
| sed several times, check the men when using
mutnous language, and say that they had besl
stay that he and the accused messed togethe,
! ever since mustered into service; kneWs of nc
provision having been drawn from the mutinous
party, or any, for the purpose-of going home
that the accused stated to some ofthe men, who
intended mutinlzIng, the improperly Of leav.
ing the service, and that the Colonel had intor-
med him, that provided they would stay, they
should be commanded by their own officers.
John Benhan', a private Of Capt. Strother's
IN hnha Epkt he AoE nflA sat