Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1862-11-24

gaerrillas, from kentucky, twenty seven IN mum
Der, made a raid upon Sexbarg, Warwick coun-
~. on the Ohio river, and csptared from store
room which bad been used for a hospital the fol-
loving property, owned by the State, and which
vas intended for the defense OF the border: "a
guns. 100 swords, and 100 pistols, designed for
cavalry service. They also took from the hos
pital occupied by invalid soldiers few pieces
of ordnance. chest of medicine, and some
commissary supplies. The only private property
taken was three horses. one Of which has since
been returned AspRKw J HrsroS was arrested
and indicted an accomplce Of the band. and
his trial for high treason came OF in the Circuit
Court of the United States for this district, last
week. occupying three days. Judge SwAYN
presiding. The facts ELECTED in the trial Of the
case are. in substance. rs follows:
Husros was in the employ Of one McALLIs
rn a. overseer of the farm of the latter in Ken
lucky about three miles from Nevburg. The I
family Of HrsroS resided At Newburg, and il was
his habit to go home every Saturday afternoon
and return to his work on Monday morning. On
the day before the raid Mrs HusroS requested
the feryman to send word to her husband. by the
first person that went past McALLIsrER's farm,
that biz family vas sick and needed his immediate
attention. He received the message Friday
morning and Immediately started home. When
he got to the river bank, on the Kentucky side,
all Of Johnson's men had crossed over. They
impressed two ferry boats into their service, and
twenty-five crossed in one and five is skf.
One boat the Kentucky and one on the
Indiana side The ferryman was on the Indiana
side when HusroS reached the river; JOHNSON
had declared martial law in the town; pickets
placed duty; the ferryman was held a
prisoner by two guards detailed for the purpose.
aud he was compelled to ferry over two loads OF
the property captured.
When the ferry-boat reached the Kentucky
shore, il landed about four hundred yards below
the regular landing. HusroS asked TO get on to
cross. lie was directed by the ferryman to
to the landing. and when about to step on the
boat the rebel guard asked who he and his
business. Senior MEFFoRD told the guard che
was all right that he had sick family in New
burg, and he was then permitted to GO on board
JoHSsoS had proclaimed that he did not intend
to disturb private property private citizens but
that he was after Government stores and arms.
When the boat landed at Newburg, the guard
took BRowSLKE. the ferryman. with HusroS. to
JOHNSON. who at the hospital paroling pris-
oners. and he was released. HusroS walked
with the picket guard to their station, when he
Was permitted To pass the guarded line towards
his home. He visited his family Mrs. LANCE.
who was proven by four or five witnesses to be a
common prostitute. and by one that she was not
Of sane mind, testified that she heard HusToN
say on his way home with the guard. that There
we're as good ones there as ever was rode,
without indicating in any possible shape seeing
him accompany them TO the livery stable from
whence the three horses were taken, what horses
he alluded To, or where they were.
Another witness, HUxFoRD. testified that he
saw HusroS carrying three or four muskets to
wards the river. passing by his tin shop. Quite
a number Of guerrias were also carrying mus
kets ut the same time. He identified HusroN
by his wearing a black felt hat, but he conld not
describe ms appearance in any other respect.
Another witness swore that HusroN on that day
had palm leaf hat He him leave
Mr.. ALLIsrER's farm with il on. and saw him
with it on the afternoon Of the same day the
raid occurred. HuxFoRp was evidently excited
when giving his testimony. I here evi.
dencc tn show that HusroS was present when
the muskets and the horses were taken by JonS
SONS men. LANcoTr. another witness. who wa:
on the Kentucky eide when HusroS reached the
river. testified that HusroS. upon being asked
what he Was at the river for. said that he came
"down to see the fun. On the boat crossing the
river. IL appeared in the testimony that Husros
remarked il was pretty home guard to lei
twenty seven men capture town of thousand
inhabitants. Subsequently he proposed to be
one Of ten men to capture the guerrilas. This
latter remark was made after the killing oil
MEFFoRp and CARSEy. who were undoubtedly
accompces of tie band.
One of the prosecuting witnesses. RoprRI
GRAHAM, swore in the most positive terms, TO hi.
knowledge that HrsroN good loyal citizen
although he had also stated that HusroS had told
a crowd of citizens in Newburg that there were
Elk cannon on the opposite side Of the river. and
tina, the guerriIlas would shell the town it they
made any further resistance. These are the
main points OF the evidence in the case.
Judge SwAYSE charged that the jury must &C
cept side OF the testimony. and reject the
other. There were three counts in the indict
meut. In referring to that clause of the consti
tuition which says :" no person shall be convicted
OF treason, unless the testimony of two wit
nesses 10 the same overt act" the Judge placed
the following construction upon il: La his opn
ion il did not require the evidence OF two wit
ncsses to prove the charge in each count, but il
was sufficient 20 convict if the first or second
count was proven by one witness. and third OF
fourth by another Ii was enough that the in
dictment was mantanei as a whole on the test
mony of two witnesses. without reference TO each
count.
Judge SwsYSE has the reputation of being a
great lawyer constitutional lawyer, and he
may be right in this construction of the constitu-
ton. II his opinion is correctly reported Let u.
test IL by common The prisoner is charged
in one Of the counts Of the indictment with an
covert act =" of treason. This is sustained by
only one witness. l. il possible that this can be
conviction within the meaning OF the constiiu
ton Will the Judge of the Supreme Court OF