Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-03-06

renorted anv Of the mutinous parry, as requir-
cd nv the Rules and Articles OF w ar: thai the
prisoner was under his immediate command
on the 18th September, and Thai ne oehaVeo
himself. as usual, WELL, until the evening wheh
he saw him with the paper described hereto
fore. Al.
John III. Hogan, witness in behalf OF the
,rosecniion: being sworn, states: That he
saw the prisoner with paper, setting down
such mems names as intended drawing Provi-
sion. for the pu, pose Of going home: on the
morning of the 30 h September, he saw the
prisoner march off with the mu'inous party
John Husbands, a private of Captain khpa-
tricks company, a witness III behalf al the de-
f.ndanl, being sworn, stale3: That he saw the
prisoner sometime precious to the Goth SEP
iembrr, with paper, Sc uing down such me" s
names as sin,ebded going home; thai the pr
sonrr did not appear 10 be wing any persua,
sion, and stated that il was right some, should
rem ,n al the fort; thai he would soon have
larger parry than Captain Kilpat'ick; and n'-
lirves hat the prisoner did march OH win the
mu in us party, on the morning OF the 2oto.
John Juhnson, pIi, ate Of Captain MtKay's
company, witness in behalfaof the pros Gu
ton, be ling sworn, states: That while at Fort
Jackson, in the month Of Angus, he heard the
prisoner say tina, there was no law to Compel
The m, to stay in service longer than 'hree
4, nths; hat he was ma" Esprit, and would
not stay longer; tina, a considerable humber Of
the men would go then, and one wbp would re-
! fuse, h.. cauId SEE bayouef,ed about six iaehes
tina, thew would go up to The big or graz man
aud shiveTfheir musk,ls over his head, but not
| sirikr SO hard a, To Kill him.
The court adjourned until tomorrow nine
o'clock,
The Court met, pu' snant to adjournment:
Pres, mt, the Prrs,den and memHers: and pros
ceedrd to the further examination OF the Wit
! ncssys
Edward Stephens, SERGEANT Of Captain Xii
pa,rick's company, wines Sin behalf Of the
/ defendant b., iug sworn. states: That he saw
the prisoner with a paper, Sc ting down such
mems names as were going home, andz SAID
that he wnud take down none but such as dI-
rect, him 10 do So aud The prisoner march"
ed IF with the mulinous party on'the 2oih
September.
James ALI xandsr, (Serjcant MajorO wit
ness in behalf of the del, ndanI, being sworn,
states: That on the 10Th September, hr saw
the prisoner, woen the provisions wer' issdrd;
b, ii,ves he received lis pr poruonab'e part;
AID on the morning. Of he 2otl' march q IN
with the mutinous party: 'hat the prisoner t"ii
him he did not suppose he llst winch he h.d
of mems nam. s. wa, impr per as II VS. 10 D.
handed 10 the Coiong !, ,nar the prisoner gave
up his gun 10 Captain K'lpatri'k X, ana thinks
| he demanded NJ gotta r"c,lpi, "h'ch ne LAD
ei,e en- for his gun, or ,he Captain wrote one ioT
iha' purpose. :,
Z sign DAM Kelly, . witness in behah oil
J the defendant, beng sworn, states: nat 'he
prisoner belonged 4 t sane company, ana
W., frequently mar biz, iu' ing Argus ard
the b. ginning If Sep,rmbsr: that he generally
behaved himself well aud Was ooe!ient 20 or
ders.
James Smi'h, a private Of 1t. Mitchel's de
tao hm,nt wilnrss in behalf OF the o. f.n-
dan,, hei"g sw orr, states that the prisoner ad
vised HIM no, 10 go home with he mu'inous
party; and believes went himself on The 2oih
! Sentember.
mes Nelson, private Of Captain Mebane's
company, a wit, ess in b half OF the defendant
Icing sworn 5 atrs: Tia, he heard General
Washington, Of Tennessee, say to The mrin-
bers { Cour, Martial, that he did not know
whe her thr men wee ordered out for tour
, Of thre.. SIX months; that he had wrote 10
the Governor, but had received n, answer to
his lc,rrr on that subjrct. Tie prisoner states
ed with tht ma urr OF militia service; that he
had frequently heard his off, ors say they knew
of no law compelling militia TO remain IN Sc.
wee longer than three mouths; and, from the
opinion Of other men Of re>p"ctabirty and in
formation, conc rived his term Of service had
! expired; returned his gun 10 bis Captain, un-
der tia, impression, took up The rrcr'pl he
; had given for il, and departed from Fort ia X
son, conscious of having discharged his duty.
| III Cou t, Lfler mature drlibers ton on the
evid duced, find the prisoner gully a,
charged. with the ,xc, p,inn of Hing and e..
ing his gun and saying he would retaSe tho
VITO had been AIKEN by Captain Blackmore
and ,EN1E CT HIM TO RECEIVE THE PUNl ,HMENI
or DEAIA BY SHOOTING.
Five Court adjourned until tomorrow nine
o. lock.
The following extract 10 part Of the London
Morning Chronicles commentary on the Mes.
sage Of President Adams, on the 4th Deem
Der last: