The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-11-27

Circuit Court, Iowa county, Wisccnsin
State Of Wisconsin r.. CUfvgR Gsoygg; in
diciment Tor murder.
Before Hoo. 81. VI. C0uRKs, Jadge.
Willis Chapman, Prosecuting Attorney -
Hon. q. Dunn, Hon. Sam. Crawford, and Hon
WIN. Hull, for defendant
This case was brought, by change Of venue
from Grant county. We give below the Judge
charge to the Jury, upon the subject Of jusiia
bic homicide aud other matters relied upon o,
a deGence. As there vas no conflicting eyi
dencc. We have deemed it unnecessary to pub
lish the testimony 10 full. A brief summary
will suffice for IA understanding OF the case.
As appeared from the testimony. the delsd'
ant Is, and was. at the time u the homicide, q
Lieutenant 10 the United States Army, and "a
such officer, Was detailed by the commanding
officer at Fort Crawford, Col. Candy, 20 re-
capture several dcscrters. aud with il scrgean,
started 10 pursuit.. Lieut. Grover overlook d
party Of seven Of the said deser,ers. Al b,
approach they leaped from the wagon 10 which
they were riding, and, scattering 10 different
directions. attempted to escape. Diregardina
the order to halt" Lieut.. q. pursued one
William Ford. and after ordering him 10 halt
and warning him several times that he shoult
fire, discharged pistol al him, which produces
his death. The othere, iGtimidated by this
halted and gave themselves up. This was neal
the village OF Lancaster, Grant county. "A
complaint was made against Grover before 4
Justice OF the I'eace. Who bound him over il
the sum Of $4,000, TO appear ut the next tern
VI the Grant County Circuit Court, and h
was lodged in the County Jail Tor few day
until he was enabled 10 procure bail. Grea
excitement prevailed in that community, an'
the remaining six dcserters were assisted in el
fecting their escape. Al the next term o
ssid Court, be was indicted by the Grand Jur,
for the crime OF murder. An affidavit bcini
fled setting up that the prisoners could no
have an impartial tsial 10 that county. Oh nc
count Of the prejudices Of its inhabitants, th
case was ordered % be sent 10 the adjoining
county of iowa, ...-....-..
II further appeared 10 evidence that Grove
was uniformly kind and humane, though firm
to the men under his command. With For
he was unacquninted.
The record Of Military Court Of lnquir
was offered in evidence. That Court unan
mously cxopcrated Iient. Grover, and declare
| be would have been liable TO punishment If h
had failed 10 do US be did. The evidence wa
admitted, "a showing, by M adjudication Of
| judicial tribunal established by law Of Congress
the common law military applicable to the Gus
ut the bur. The Jury, after an absence Of les
than five minutes. returned verdict Of No
GUILTY" which was received with applause b
the bar mud q large crowd Of bystanders. III
following Is the
CHARGE TO rus jury.
Tho Court, after defining the law OF HON
eide generally, instructed the Jury a. follows
| "fhe defense set up by the accused in th
case ia that OF justfable homicide. That POI
ton Of the law OF justihabc homicide At all az
picablc to tho case. IL as follows
".5ucb homicide is justiiiable when COMMITTEE
"by public officers. and those acting by thei
command in their aid and assistance, either j
obedience to any judgment Of competen
court. or when necessarily committed in ovel
"comiug actual resistance To the execution ,
some legal process, or to the discharge of an
"othcr legal duty. or when necessarily commit
"e.l in rctaking ieions who have been rescue,
cor when necessarily committed in arrestn
"l'lons fleeing IRON justice.
This Jaw is applicable TO public officers {
all kinds who act within its scope wheihe
such public officers hold their commission b
virtue Of STATE authority. or under the genera
government OF the United States whether N
Office he civil or military.
The testimony in this case establishes tn
facts, that the accused at the time Of the hon
icidc, was first Lieutenant in the army Of III
| United States: that the deceased. William I
Ford, was private in the tenth regiment ,
infantry 81 the United States; that the dcceh
ed, together with six other soldiers, had descr
I'd from Fort Crawford that the accused WI
detailed by his commanding officer, Lieut.. 20
r.. H. Camby. Major OF the tenth infantry I
pursue after and capture the deserters; that
company with Sergeant Richard CRIBS, ti
accused pursued the desertcrs. overlook then
and shot the deceased while running toward
the timber and attempting to escape
The record NJ the proceedings OF Court {
Inquiry, held ut Fort Crawford. December 2Gil
| s55. has been given in evidence and pcrmittc
by the Court to go 10 the jury, MS pcr,iucu
evidence, tending to prove thu character or pc
si,ion Of the parties; their relations to cac
other NJ superior and subordinate in the arm
Of the United States, and as ESTABLISHING III
fact that an Investigation has been had by
Judicial tribunal o, competent jurisdiction, j
regard to the precise offence Tor which the a,
cuse,i now stands indicted.
The record shows that the Court OF Inquir
was called and conducted in accordance wit
the law Of Congress, and establishes the az
quittal Of the accused before the Cour; Of IL
quiry.
A general order. promulgated by Gen. Wiz
Geld Scott, has been read In evidence aud relt,
upon by both the prosecution aud defense {,
establish the rules and regulations Of the arm
with regard 10 recapturing deserters.
The questions OF lac, for the jury TO pas
upon in this case, upon the subject OF justiiabl
homicide, are
ls, Was the accused. at the time Of con-
hitting the homicide. q military officer in III
army Of the Unitsd Statcs'
"a Was the deceased. William H. Ford. u
the time Of his death, soldier held TO servic
In the army Of the United States, attempting
10 escape from sush service by DISCRETION.
ID. II these two facts are found in the affirm
ative, you arr then 20 inquire whether the kill
ing was necessarily perpetra,cd In ovrcomin,
actual resistance TO the discharge Of legs
duty by the accused ~ public officer. or ne
ccssarily perpctrsied in rc,aking an cscap,
felon, or in arrcstiug a 'c,on hccing from JUS
tice:
II you find the Affirmative Of any OF the thru
specified cases mentioned in the last division q
inquiry. your verdict mus, b. tor the accused,
Ii isa general rule that an officer in tie par
suit Of = ielon Is bound 10 make every excr,iol
IN his power TO prvent an escape; and II, IL
the pursuit the ieloa be killed when he canoo
otherwise b. oycrtsken, the homicide is justi
fable.
In eyerY Gas, hnxexer the .hr..r shnnl.