Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-04-15
nacFrpERA1. Oornr-rhe cnsn ID 49,

-''S "1S SSAb4uueuB MeSSESs a. b.
Caldwell aud G. L. Cramncr, conducting
the defence.
A rule wasissued against John H. Wet
eel, an absent witness. When the witness
appeared he was Intercepted by the Court.
He said he had just got up out of bed-had
oversight himself in consequence of drink
ing too much whiskey. Besides he was
sick. The Court imposed a fine of $40
upon the witness and compelled him to en-
ter hisReFsopal recognisance in the sum of
500 to behave himself hereafter and at
tend upon the sessions of the Court.
John H. Wetzel testified that he ran away
on the night the Moccasiu Rangers came
to Ripley. He had his gun cooked but
concluded the safest plan was to leave. He
considered his lite in jeopardy. The Moe
casins took about peck or half bushel
of letters from the Post Office, only leaving
three papers,. Witness thinks the major
ity of the people of Ripley are Secesh
though it was hard to tell Many men
who pass for. good Union men are seces-
sionfsts at heart, aud UisG versa.
Daniel Dusky, who is indicted with Var
ner for the offence above charged, was
called and examined on the part of the de-
fence. Dusky testified that the crowd of
which he and Warner made two, went to
the post Office for the purpose of obtaining
news in reference to new movements of
troops. could find no key, when one
of the party said he"hada key that had
never failed to unlock door yet, saying
which, he kicked the door open with his
foot. The party then went to the Court
House and Jail, both of which they opened.
One of the party, named Narcotics J. Kes-
ter, knew most OF the persons to whom the
letters were directed, and promised to re-
mail them accordingly. The party was
composed of the witness, Daniel Dusky,
George Dusky, Alex. Con, Narcotics J.
Kester, Thomas Golf, jacob Warner, Ben.
Wright, Ephraim D. Carter, Geo. w. Tan
ner, Geo. Gibson, and three others, thir-
teen in all. The party took quite a num-
Der of guns from the Court House, some
tobacco from store, (Which they had
charged,) and other articles from other
places. The witness seemed to think that,
the operations of the Moccasin Rangers were
of a highly commendable character. Their
range was unlimited. They went wherever
they thought they could do the most good.
The company of Moccasins was u regular
ly commissioned company, aud acted uu-
der the authority of Gov. Letcher.
Here the evidence closed. -.
Col. Smith, the District Attorney, in
opening the argument read the act under
which the Indictment was found. 1t pro-
vides that any person robbing or stealing
the mail shall be punished with imprison-
ment. If, by efecting such robbery, the
robber shall put the officer having charge
of the mail in bodily fear by the use of
dangerous weapons, or endanger his life,
such person shall suffer death. If, there
fore, 1t shall appear, that the accused, in
effectiug the robbery, endangered the life
of Wetzel, it will be the duty of the jury
to find him guilty, and the duty of the
Court to pass sentenceof death.
AT tbhNOON SESSION.
Mr.. Caldwell, in reply to remark of
Col. Smith, that the object OF the defence
in inquiring of witness whether the Moe
casin Rangers acted under commissions
from Governor Letcher, was to defend Var
ner upon secession grounds, said his 10y
atty was above suspicion. He intimated
that the District Attorney, Col. Smith, went
as commissioner with Judge Summers to
induce Gen. Mcclellan not to bring Union
troops into that county,
Mr.. Caldwell said there was nothing
done in the post Office at the town of Rip
ley, on the night of the 10th of December
last, which ieOpardrzed the life of his
client. If Warner was guilty of treason
on that occasion. as stated by the District
Alto. ey, he could not be convicted Of
robbing the mail. The felonious intents
are entirely distinct. It is not the act
which constitutes the essence of crime. Il
is the intention. These men acted upon
the authority of commissions from Johu
Leteher, as the defence had proved. n,
didn't allude to this because he thought til,
the dictum of Letcher was worth straw
but to show that these men we're at RIPPLE,
in the furtherance of the cause of rebel
lion. They were there as rebels to aid aut
abet the cause of secession. They didu'
go there to rob the post Office. The ouly
feloniOus intent is a reasonable intent
and for that alone can they be punished
Robbing the mail is not treason. TIL,
offences are entirely distinct. aGE.