Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-07-30

Judge Crawford delivered his derision upon The
Offer Of Mr.. Bradley, for the defence to prove
th.t the non.commissioned oticer Murpbv was
duly enrolled IN the service of the United states
was ordered by the plain Of his company to take
squad OF men and proceed 70 the house Of Boyd,
arrest him, aud brirv bin to the quarters Of said
companyj That Murphy thereupnn, with the other
defendants, members Of the ssid company, 90 a
squad. md In the execution Of the order be had
received, proceeded 10 the dwelling OF Boyd;
and enr,hPr, by other proof to show that Boyd ives
a dangerous person. and acting In concert with
t1e enemy then threatening the city.
Judge Crawford slid -.
1.-THE c1er dos not reach the charge, but the
Cour. rust decide the proposition az made, with
on anti ealing what proof, beyond that submit
ted, may be addueed In the further progress Of
TIE trial.
''The arst branch OF the offer NAV. and 10 .
sus' decision, must BE- considered in two lights
Il tire evidrn-e ad Missile as a Justification of
Murphy and the other defendants, On the charge
OF mErd,r9
''Tb- us- Of the military power in tim. Of war
To nrrest citizen In the walks II civil life, while
u 10 one that III public interest and safety will
not allow ms To denv, viii always be looked on nv
the comH.dnify with distrust and jealousy Its
exercise can not be jIsthed, except by aecessitv:
th- Teeessitv Of warding or blow aimed at the
p-nlic rights and intSre :, or, II may be, the very
Existence 81 the Government. An arrest by anv
military oficPr, the Supreme Court are reported
TO We d. tsrmined IN an earlv case. would be in
vsid, unless the person was then actually engag
ed In bOsfiities, OF In aiding and sbstiing those
who were srrayed In war against the Government.
think II a man IL engAged in reasonable acts, or
10 aiding and abetting thnse who are or in cor
respondence with the enemy receiving al Civ.
ing Information that NAV be hurtful TO and
useful to them, be not only may be, but ouQ BIT 10
be. arrested on the instant, that future mischief
may be prevented; and this from the necessity
imposed by the circumstances. No other cases
occnr to me in which the military power can be
properly a do not say lawfully, for any arrest
without oath and warrant Is beyond the Constitu-
ttcn aud Law, } interposed 20 arrest citizen; but
II the same osssity should arise under other cir
cumstances, the same right and duty would de-
volye upon the military. ed.
- But wen in these cases. the PERSONS arrested
and restrained Of further sch ef Guild be turned
over as soon convenient to the civil authorities
foe trial In all other cases resort should be had
to the civil arm Of the country. for which. where
the circumstances are not urgent there Is album
d1n' time and opportunity So far q. the facts
connected with the unfortunate affair Of the night
Of the 2Sth Of Apil lest has been disclosed, see
no urgency Misunderstanding that required In
slant sction, Or perhaps, any action. am, there
fore, Of opinion that the evidence on red 10 not
admissible ss just hcation Of the charge I'm the
i"3ir'meLs. Tie order, II given, was without
authority.
els the testimony receivable az tending TO miti-
g.te the homicide from murder to u,anslaugbter 1,
have said II is not admissible protection in
lac to the defendants, or shield to cover them
hut NAV IL not be received matter of fact for
the consideration Of the jury on the question Of
malice or no malice, which = for their decision (,
think il may and must be admitted for this pur-
pose only.
There remains the proposition TO show that
TIE deceased WIS dangerous person aud acting
In concert with the enemy then threatening the
city This branch Of the offer 10 fatally defectiv We
In It's generality. To prove man dangerous a
number Of persons may say they think so; but 10
permit the introduction Of such evidence would
give the widest and most nnbrided license to pre-
judice and bias. The OFF, to prove that the de-
c>zsed was acting In concert with the enemy is
fq1ally wide OF legal precision. IL proof can he
made Of specific acts Of hostility to his country and
It's government, in violation OF the allegiance due
IN both, 10 can be made; but evidence Of the fact
Of his being a secessionist, IL he was merely In
opinion and not in act, and that be uttered senti-
ments In his family, and 70 his neg hbors In their
ordinary intercourse, justly offensive to loyal men,
cannot be heard -
Haisht was then placed on the stand snd ties.
tined that he was at the srmory on the night Of the
homicide, and returned home about nj ne O'Clock
Saw Capt. Miller there, talking with Murphy and
heard him give Murphy an order 10 arrest some
Portirs, but don't remember whom. Was there
on business with Capt. Miller. Did not see MUIR
ply go out with the squad, but heard the order
for him to take IL out and arrest some men. MUIR
Pny was told TO be very cautious and have good
witnesses, the man being secessionist. Murphy
replied that the evidence was good.
Lieut. W +. Garrst sworn Was First Lieu
tenant OF Company C., and YVES 1t the armory all
night but does not recnllect the order above re-
ferred to Heard Murphy ask Capt N iller II be
should take Boyd dead or alive, aud he (wirnessJ
shook bis head, ana told him TO use no rash
measures. The guard could have gone out with
out the order Of the superior officer "a the ser
gesuts have the pass word
Mr. Bradley offered as evidence the affadavit Of
wtfness In relation To a conversation had with
Boyd, during the week previous to the homie Ide,
Sut u was ruled out Counsel took exception to
the ruling.
Mr.. HErnan testified that be lives sppos,t.
BOyd's house, and on the mig ut In question heard
The parties TapIiDg at the door aud demandi ny
aomlitanee In the name Of the United States Not
r iscelring any answer they opened the door, and
nan whose coat was on fire stood fast and cal ed
Them back: and ordered them to ERE. They did
50. One OF them then went back and shot towards
= Stspart testified tina. he belongs to Com.
psny C, and went To Boyd's house with the re-.
enforcement under Lieut. W illett; was in yard
adjoining tn house, AID saw a man In the second
stOry loading gun
George H Plant testified that Boyd had been
MS foreman fhre~ years witne'swas at his houss
about I've days before bis death.
The court then adjourned.
FOURTH DAY.
Today, the commission Of Ward " Lanon AZ
Marshal Of the District Of Columbia was read In
SP,n court, and a Iecord OF said reading ordered
N BIayds was then called for defence and tss-
aned that ne belonged to Company c /; remem-
arrested; wss on guard when the guard under
Murphy went out Ca plain Miller was at the
door when q ey went out, and witness wanted to
10, sha m,llss ioia witnt.s to remain On guard,
OTEn testified that be was a member of
Com paBy G; was at the srmory on the mig t
bOyQ ~d ulon't Tue guard awav
but saw them At the corner near Boyd's after The
homicide; Low was there, and had gun
M. kstthisy recalled Testified that he saw
Low, and he had gun that night.
George Muller, recalled WAS the captain Of
CompanyC Didn't know BOYD. Never ordered
Murphy and hissqusd to make the arrest Of BOYD
Never gave any order IN connection with Royd
The lieutenants were Willett, Garrett and w riRht
They were present when witness had an inter-
view with Murphy. Next morning after the
murder, witness might have had Conversation
with Dir. Wise In relation TO an alleged order to
Murphy TO arrest Boyd, but don't remember II
Never told Wise witness had authority to arrest
Boyd 90 all hAzafds. Witness had q conversation
with Alfred r richards. but never told him be had
authority TO arrest Boyd. The conversation was
In relation 70 the release Of Mr. Grinder.
Lent. WsIIstt, recalled Was at the armory
Previous 10 the homicide Of Boyd, and during
The evening till the homicide saw " iller there
Toe sergeant told Miller he had evidence az al nst
boyd sufficient upon which To arrest him, but
did not hear Niller give any order for his arrest
Hard him tell Murphy ''for God . sake to be
eAutious" Murphy told NJ Her he had got Ger
tain Information against Boyd, who ought TO be
arrested Miller replied tbat there should be an
and Wit. Afterwards he told Murphy for Gods
ke " Ge cautious and bring YepYoach M be