Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-04-03
TsIR aa0maCEDE Ar spaEvcBaEaD

l
IN our local column ct yesterday was notice
the klllilg Of Wesley Pileher, s resident 0
Springfield, by Lieus. Dustin, Of She Ssh IlH
nois regiment statoasd at Camp Butler, Col
Lynch commanding The facts connected wit
this homieide, as we have learned from numer
Gus persona who witnessed the unfortunate al
fair, are substantially as we stated Yesterday
Pilcher was under the influence Of lquor, an,
qHarreled with arsyman named O'Hsra. on tb
street. Pitcher ssized an iron draw Din .frou
o Hara'a dTsy, snd struck the latter several Sc
we're and dangerous blows upon tue head
q Hara called for the police. A crowd Assem-
bled among whom was Lieut. Dustin. who at
tempted 90 arrest Pilchsr. The latter resiated
and in the afray Dustin drew pistol and sho
Pitcher dead Whether tbs shooting can be
justified IS an act Of selEdefenss is g question
toE the courts to decide Dustin was taken IN
charge by the police, and committed 70 iail for
examination. The aft sir was the cause of OK.
traordinsry excitement, The matter was freely
discussed on the strsets-universal oensurs ba.
ing visited upon Pitcher for his assault upon the
draymsn, and many censaring Dastin f1r tax
/ ing upon himself the duty of making the srrest
w5sn policeman could have speedily bean
brought to perform the duty.
/ Thus she matter stood until evening when
two companies from Camp Butler msrehed into
town, paraded the streets and then tbrsw
county jail, aud citizens were forbidden 10 Dasg
within the area thus put under military surveil-
/ lance. The civil authorities Of the city yFere
4 given no notice of the coming Of these troops;
/ they were not consu led in the matter, and no
reason was assigned by the guards to passing
! oitzsns for the military obstruction of The
streets, but they were simply told 70 ''take The
other side OF the street." and, in several in
stances, disturbance was produced 1t leaked
. INr-e ets-sa H.
under alleged apprehension that mob would
take possession OF the ISL, seza Dustin. and
iafiict upon him summary punishment for the
killing Of Pitcher Colonel Lynch had been
selegrsphed (by whom, prey y to send forcs
into town, not Tor the Teason assigned above,
however, but he was urged to send aad ask no
question and, unen such request Colonel
Lynch seat IN q force, and set up 6 military
supervision Of the city We do not baliave
there was man in the city who entertained any
such ides as that Dustin was not be gate ia tue
hands Of the civil authorizes l. is ka0wu tbst
Pileher's character was not such as to excite
amy especal sympathy in his behalf and under
all the circumstances connected with his death
it simply Preposserous to assert thst there was
any intention 70 injure Dustin, CT that any man
with three grains Of sense Ia his head believed
there was such intention,
YaSteTday morniBg Dustin was brought be-
fore Pslice Magistrate Adams aud Hickman, for
eg animation. He was ace mpanied 80 the pl-
lies once by 8 oomsa1y Of iafsutry aud ore Of
cavalry. If nos under the imalediare comman1
of Col. Lynch, they selsd uadsr his direction,
Re being present when thay arrived ST tbe Office
IT was now un1eTsiood that the military fgrse
vas here TO demand the delivery O. ta5 prisoner
into the hsnds ofths military, and is wls urged
that the civil authorities had 70 irisliegion
over Dasiin, he being seldier The military
force vas drawn up ia front of the police Office,
with lOsded guns sud portion of the eoders
vera desaiied 20 take posssssi0o Of the stairway
and, while the counsel were discussing tae qgTs-
ton Of jurisdiction. Col Lynch wss heard to de-
cIsre that, whatever he Justices opinion might
BE-, he W9us0 take possession Of the prisoner by
force Of arms h9 was sppesled TO bv ihe msyor
aud oshsr cidz1ns 70 les the prisoner remain ia
the custody Of the civil authorities or az least, TO
withdraw his military foree, whose presence Ias +
prOdu ing excitement calculated t. lead to pub
lie disturbance He could not bat have seen {
that there was no necessity for their presence I
that he stood in the attitude Of bully, with 3
bsnd Of armed men a. MS back, thre1taning TIE (
isgaily-eonstituied authOdtiel with f0soe if his
demands were not complied with lie had no
law, civil or military, for his conduct, aud ws
are forced 20 the conclusion that he acted as the
instrument Of q SGT of men who were bent upon I
melting in Springfield the lsslessuess which mas /
disgraeed other towns and cities of lste While I
things thus stood, the inquiry irressdbY forced I
itself upon the minds OF thinking men W ere I
there none in Springfield who could have pre- 7
vented this disgTacslUl exhibition of military
sucgsnee7 Were there none who could have
told Col. Lynch that he was eeting in disregard
OF law, Of common deceney and common seass! /
We think there were, end men, too whose de-
maud for the withdrawal Of his threatening
bayousts and sabers would have been heede3
with as much alaegity IS vas the significant
telegram sent him requesting the troops to be
sent here
As to the question of jurisdiction, can any
doubt that il could have been argued, decided,
and the decision enforced, as vel without as
with the presence Of an srmed foreel No re-
spectacle citizen Of Springfield viii say it could
not
N0ivgitbsss,aiiug tho PressuC5 Of Col Lynch
and his bsyoDets, Justices Adams and Hickuan
decided that they and not 8 military tribunal,
had Jurisdiction IN Lieut.. Dasin's case and
while we write his examination is going on at
the court house. the proeeedings in regard to
which we give elsewhere As to its merits JUS
tice 70 the prisoner suggests that it should not
be discussed in the public prints while the ease
ispsnd-ng.
stigat0Es, ia bringing an armed force into the
city, under the pretenees which are set up, it is
50 insult TO our community and disgrace TO the
military service. But for the counses Of another
officer with brains in his head and respect fer
She commission he bears, we learn that Colonel
Lynch would have put ia f0rcs his threat Of
taking the prisoner by force from the civil au-
tborities, snd perhsps got up mob ia the city
and secured the end sought by his patriotic
advisers, the murder Of some Of their fellow
citizsns.
n. .l-inc. tho oes;y -.Ifor-offar - rgae ove ~
the most disgraeeful which ever occurred in our
city. The pretext for Bringing the troops here
is as shallow as its real object was eowardly
and exeeTeble. i was bold eiSort Of bad aeD,
sither 10 cast a stigma upon the lsw-sbiding, or
derry character Of our town or to stir up q mob,
that cOwsgds might look on and witness, per
haps bloody struggle Of Their neighhors, in
support Of law, With misdiTeeted soldiery-a
work for which ihe ersyens themselves have no
special constitutional aptitude.
As TO Colonel Lynch, he misapprebendsd both
the powers aud duties o. his position, and bis ST.
periors At Cioei0nat OF Washington should lose
no tirne in afording him enlightenment on the
subject.
From the same PsperT
The police magistrates were engaged exclu-
sigey yesterday with The investigation of tao
tTsgic occurrence which took place on Tuesday
evening, near the corner Of Eiffh and WISHING
ton sIeea. Coussel for ihe defendant, Lieut.
E. p. Dustin, srguad that in a0eordanes wiihone
Of tbs sections Of the late conscript law, ths
prisoner should be banded oyer 70 the military
authorities. Mr.. White, on tho part uf the State,
ergued bat Lieut.. Dustin had made himself
amendable 10 the civil law. The court consisting
OF messrs. Adams and Hickman, saeqUiesced -
she opinion Of the prosecnaing aitofaey, sad
Lieut. Dustin was acobrdiagy hsid over loT AZ
examination at o'clock P n At that hour
the court room WIS crowded With the friends Of
the accused, as well as OF the deceased. Sew
eral Witnesses were exs0ined The testimony
was strong against she defendant It was
proved hat, few minnfes before ihe unfoTiu-
rate occurrence, he rad come lcm The diree-
Hon OF lhe ST. Neholas hotel, hai sftpped
with the deceased becauls pc had q difficulty
with dTaYman, had ihtestsned 10 anest him,
and, IA struggling is 20 So, hsa killed bin.
With thorough knawieage Of Tie fscl5, she
couEE decided % ccmnit tie aconssd TOR trIai
before DO ciEcnis eouIt Il its next seSln. 80
baii slowed