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

big, or great man, and SILVER their nu.ksts
YER his head, but not strike so hard as 10 In
him. '
The Court adjourned until O.morrov MIN.
O'Clock. 'S
The Court met, pursuant 20 adiourpme,,.-
Present, the President and members: ana -.
ceeded to the further examination of ,he NJ.
Desses.
EGVard Stephens, q serjeant Of Captain Ra.
patrlcks company. witness in behalf az
the defendant, being sworn, states: Thar Ne
saw the prisoner with paper, setting dow
such mems names as were going bone, and s,;5
that he 1v'u!d PAT DOM none but such az direc,ss
him TO do so; and the prisoner marched off with
the mutinous party on the Goth September.
James alexander, Sergeant Maior.l
witness in behalf of the defendant
being sworn, states: That on the Isth
September, be saw the prisoner, when
the provisions were issued, believes he
received his proportionable part, and
on the morning of the 9otb, marched
of with the mutinous party; tina. the
prisoner told him be did not suppose the
list which he had Of mems names. was
improper, as it was to be handed 20
the Colonel: that the prisoner gave I'm
his gun TO Captain fitzpatrick, and
thinks he demanded and got recent
tukich he had givsn for his gun or lie
Captain scrote one for that purpose.
Ensign Daniel Kelly, a witness in
behalf of the defendant, being sworn.
states. That the prisoner belonged 10
the same company, and was frequently
near him, during August and the be.
ginning of September: that he general.
iy behared himse!f we'll, and was obedi.
ent to orders.
James Smith, private Of L. Mitch
ell's detachment, a witness in behalf
of the defendant, being sworn, states:
That the prisoner advised HIM not to 20
home with the mutinous party; and be.
lieves went himself on the goth Sepsem.
ber
James Nelson, a private of Captain
Mechanics company, witness in behalf
OF the defendant, being sworn, states:
That he heard Gen Washington, OF Ten.
nesses, say to the members Of Court
Martial, that he did not knono sohsths,
The men @ere ordered out for tour Of
three or sic months; that he had wro.e
to the Governor, but had receiced no an
scer TO his letter on the subject Ths
prisoner states, in his defence, that he
was totally unacquainted with the nature
militia service; that he had frequently
heard his officers say they knew of no
law compelling militia to remain in ser.
vice longer than three months; and,
from the opinion of other men OF respec-
liability and information, conceiv ed bis
term of service had expired: returned
his gam tohis Captain, under that imprss.
sion, took up the receipt be had gigsn for
it and departed from Fort Jackson, con-
seious Of having discharged his duty.
The Court, after mature considera.
| ton on the evidence adduced, End the
prisoner guilty as charged. with the ex.
ception of yelling and firing bis gun,
and sayingh would retake those who
had been taken by Cap. 3las kmore;
and SENTENCE HIM TO RECEIVE THE PUN.
IsHMENT OF DEATH BY SHOOTING.
The Court adjourned until NOR.
row at 9 O'Clock.
HENRY LEWIS.
A private in Capt Mechanics comps.
ny; charged, ist. with exciting mutiny;
and I'd. with Mutiny,to which charges DO
pleaded not guilty.
Major Hicks, witness, in behalf Of
the prosecution, being sworn, states:
That he heard the prisoner say thers
was no law, or he believed there was
no law, to serve longer than tbres
months, and be intended going home al
the expiration of that time and he or
they would take provisions where ii
could be found; heard Major Hicks
state to him, upon honor, that there
was law, he had seen il, compelling mi.
lita to stay six months; that be had
seen, in a Virginia newspaper, that tho
act of 10th April, 1919, had been revi.
we'd. in 1914, upon which, the prisoner
replied it was nothing but newsp aper iau;
and he would not believe word of it.
Col. p. Pipkin, witness in behalf Of
the prosecution, being sworn, states:
That. on the l2th Sept. 1914, the pri.
soner observed, in bis presence, that he
did not know of any law compelling men
to stay i'll service longer than three
months; and he would go home at the
end of that time, che or they would