Council Bluffs bugle. [volume] (Council Bluffs, Iowa) 1860-1868, 1861-10-16
A RoRK1AaTE OF TINE MILITARY
DE&PuYK5Ms


dietsd is TO follow close in the wake Of
the present civil war. When the Prezi.
dent outraged and trampled under foot
the civil law, his unlawful acts were jus
titled under the pretsnse of a military
necessity" and it may be possible,
though we doubt it, that his acts wer
iustiiAble. But We have looked as vAine
for justification of the act of Captain
Patrick, of tho Nebraska cavalry, in re-
fusing to surrender to the civil authority
Lieut.. Kelsey who shot Mr.. Chapman up
on the sidewalk in our city. Without of
fsriaS an excuse for his act of despotism
and defiance of civil Law, Capt. Patrick
told the ofscer who had warrant for the
arrest OF kelsey, thar the writ could only
be executed over bis and the dead bodies
Of his men. Such scenes and such acts
of setting the civil Laws ut defiance, By
the Military authorities will, if not stsrnly
rebuked BY the people soon become so
common, that they viii not be regarded
as extraordinary occurrences and thus the
way viii be quietly paved for the estab-
lishmens Of Military dsspotism.
Capt. Patrick not only refused to allow
the warrant to be served upon Kelsey;
but accompanied his refusal withs highly
insulting boast that there was not men
enough in Council Bluffs TO execute it
Such is the language of petty tyrants
who being clothed with little authority
use it to override the civil laws of the
land. Such is the course OF those who
profess to be waglng a warrior the pres
srvation of the Union and the maintain
anca Of civil law. Such is the example
set from the President down to the petty
tyranss and Military upstart-Captain
Patrick. And such will be the scenes en-
acted in every town and city in the land
if this civil war is not soon brought to a
termination.
We publish the evidence taken at the
inquest. Some persons may consider
Kelsey justified in doing what he did,
while others may take the other side Of
the question; bat VII ether jussifable or
net in the shooting, it affords no reason
why the civil law should be set at defiance
and be oVerridden By the Military power.
Ii the act was justikable Kelsey would
have been honorsbly acquitted; if not
jasti6able he shoald have been committed
for trial.
Po S1aa ia aG" g.. d"
An investigation holden at Council
Bluffs, in said county and State, on the
l2kh day of October, A. ID. 1861, before
@. p. Smith, Coroner Of said county, up
on the body Of EdwArd Chapman, then
lying dead by the Jurors whose names are
hereto subscribed.
The said Jurors on their oath do say, |
that the said Chapman came to his death !
at Council Bluffs city, in said county, on
the 18th day of October, 1851, by pistol |
shot discharged by & person named Will
lam Kelsey, an ofieer in Nebraska Cav
airy Company.
And the Jurors farther say that the |
said shooting Was felonousiy done.
In testimony whereof the said Jurors |
have hereunto set their hands the day and |
year aforesaid.
W. W. WILSON,
JOHN G. FARGO,
Attest, JOHN JONES,
C. P. Smith, Coroner.
Daniel /. Wheeler sworn, saws he saw
the difficulty which occasioaed the death /
of ChApman-waa waiting till Mr.. Chap
man and private soldisr would get done
with their conversation, when his asten-
ton was directed 70 some person directly
behind him saying, get of the side walk.
just then, two soldiers passed ms--one on
the inside having revolver in his hand |
By his side, and the one on the outside
having saber in sheath by his side, both
stopped Immediately in front of me, and
the one hayfng sabsr, whose name
have understood to be kelsey, drew his
sabre and spoke 70 Chapman some insult
ing language, and 0hapmaa replied in
same tone and iTnmeeagassIy drew his
fChapman's) revolver. Just then MFR.
Noack stepped in front Of nae and said to
the soldiers Il am pssee officer. One of
the soldiers said are you? well then take
that pistol away from him meaning Chap
man. While he was talking to Noack, The
soldier whom took TO be . privata hand.
ed bis pistol to the soldier took 10 be
~ ofaeer, and be handed his saber 20 the /
private. When Chapman drew his rsvol- |
yer the ofheeT stepped behind the private
and Chapman remarked that be did not
want to hars the private. As soon az the
private give his revolver 10 the ofseer be | /
took step 70 the right and shot MIR.
Ohapman fsll--I saw MIR. OhapuaE,'s re-
soaveg cooked In bis band. Mr.. Chapman 9
aaa ms pistol partly raised but nes ss.fFi-
sisa'a 70 take eheet. ID. IA. WHxgLxR.
DR.. W. b. McOlsllaad swsyn savs. ua
heard she report OF q pistol ana started IN T
street and found deceased, led. ChaO.nanS
lyiag 10 front OF the Cigar Stora.l ii fsaun.
'il Hluas, Iowa, and found bin. ESse<i;ng d
profusalys and removed the na,ss svssss !.
oaens @ see the wound. Isuas : 0ssn ss.ss :
Roand proceeded 10 secure the - 80 y
sraa arsssys also the Profanaa srterr b,,fh o
Q wlaien we're eaE Oh By said qua -shoe..-- ID
- tuhapmaa) hired Absss one boar aod !