, 1863-03-21

nc case Ot Lieut. 13RtStay1.
This gentleman, who killed Pitcher ut
Springfield, as related in our columns yester-
day, was OH Wednesday at Springfield before
Mcssrs. Adams and Hickman, presiding mag.
ietrates.
Messrf. Herndon and Roscttc, counsel for
the defense, moved that the case be removed
10 the ni]itary authorities Of the United
Statcs,' in pursuance Of tan act for enrolling
and calling out the national forces,'' which
reads as follows:
SEC. 60. And be II further enacted, That III time
Of war, insur1eetion Or rebellion. murder, assault
g,d battery, with an intent to kill, Iranelauvhter
an intent to commit murder, robbery. arron bur-
E1arJ. rape, assault and battery with intent to
commit larc, and larceny, shall be punishable By
the sentence OF general court martial OF military
com1nissio when committed BY persons who arc
III the military service Of the United States, and
subject 10 the articles Of war; aud the punish
nent for such onenses shall never he Ices than
those inflicted by the laws Of the State, Territory
or District in which they may hare been com
nitfcd.
twas proved that the defendant, at the time
Of the commission Of tue offense, was in the
service Of the United States, subject to the
military authority Of the Government; that
portion Of the country was in state Of in
suszecticn and rebellion. Asan officer Of the
Government of the United States aud subject
to military authority, the counsel claimed
that the defendant had I. right to be tried By
sucl, authority, under the provisions Of this
act, IS set forth in the 50th section.
Messrs. Adams and Hickman, the presiding
magistrates, decided that the law was not ap-
p1icablc 10 this case, denied the motion, and
claimed Jurisdiction Of the case. This was
done without any consideration Of the matter
by the court.
i large number Of witnesses were exam
ined.
Mr.. O'Hara stated that he left his dray in
the street, and nfter an absence OF few min
utes, OIL returning found that Pitcher had
driven It away. lie Immediately went in pur
| and dFay, but, as hc took hold Of tho rcius,
TilcEcr dealt him blow on the head which
nearly felled him to the ground, causing the
blood to flow freely. IIc immediately called
loudly. two or three times, for the police.
1.ieslt. Dustall, who WAS coming mp from the
| direction Of The St. Nicholas Hotel. came to
| his assistance, and told Pitcher to stand unit
the police came Pitcher said be would noi
be arrested By him, and made some apolog,
! to O>llara for having struck him. At this tim
lie (Pilchcr) had n liockGt kulfe in hand, and
stepped back for fear he might use it on me
Lieut.. Duetan again told lin to stand unit
the police came, Wien he made an attacE upol
the former, attempting to strike him, who re
treated come distance, towards the middle q
the street, still holding his pistol III his hand
and telling Pitcher two or three times that
he did not stop, he would shoot him, and b
did SO, while Pitcher WAS following him.
4 Il was also given in evidence that the Dc
ccaecd struck the defendant several times
that the request was made that the Latte
should arrest Pitcher, and that the ljcutenat
did not fire until be had warned him two c
three times to stop. Several Of the witnesse
we're asked if under the circumstances the
thould have considered themselves In pei
sonnl danger. All but one said they shouls
cid he GNyc as 4 reason for not considerlu
himself in danger under such circumstance
TINT he was acquainted with the deceased ali
nany Of the individuals on the sidewalk.
Notwithstanding the above evidence, whie
would seem to point to but one result, Il
court, Without any apparent deliberatio'
held Lieut Dustan for murder in tue first d
gree, upon what theory it would be diiacu
I n e1y