Nebraska advertiser., 1864-02-04
Written for the Advertiser.
WHITTIER ARE WE DRIFTING?

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to certain proceedings which have recent
" taken place in Brownville, and as some
of our citizens have been lraduced and
their actioRs misreprssented, we deem it
proper to lay before the public a full
statement Of what has actually occurred.
On the night Of the goth Of last month
a party Of thirteen armed men went
the house of an old man by The nameA
Emmons, situated about four miles
North of this place, and failing to End
Mr.. E.-who had concealed himself on
the first slarm-they broke in the win
dows, destroyed most-of the furniture,
and threatened the lives of his family.
Mr.. E. aud his wife succeeded in escap-
ing to BrownyiIle, at TIVE o'clock in The
morning. leaving their family Of four
children ii the mercy Of the band. a
part Of The house was occupied by Mrs.
MeIninch, whose husband is now in the
I'd Kansas Regiment, and this was in
iured morethan the rest. Mrs. Emmons,
who says thar she recognized two Of the
band, having filed the necessary affidavit,
Justices Sanders and Hughes issued a
warrant for the apprehension of Law
renee Rains and Edward Hahn. The
accused soon appeared in charge of cor.
stable Marriott, the sheriff being tempo
rariIy absent. Rains, while a prisoner
and in charge of the constable, attacked.
Emmons on the street with a revolver
and ran him around the building,
threatening to kill him. This took place
in the presence Of the constable, the JUS
tice and a number of our citizens, none
Of whom offered to interfere.
The ease of the Territory against
Rains and Hahn, being called, was, for
reasons probably sufficient, adjourned to
the both, the defendants giving their own
recognizance for their appearance. On
the next morning Ed. Hahn met Emmons
on the street and without the slightest
provoeation beat him severely. Hahn
then went before Justice Sanders plead
guilty to a complaint made by himself,
and was fined 81. This proceeding was
Of course irregular, as a Justice of the
Peace is not authorized to impose a fine
Of less than SIS for assault and battery,
and then only when a complaint is prop.
erly made and the evidence is heard.
In the afternoon of the same day, Rains
accompanied by a number of his friends,
armed with revolvers, attacked and sever
ly beat EmmOns, although he offered no
resistance. This was done in the most
public part of our town, and in the pres
ence Of a number of people, none of
whom offered to interfere. Emmons
succeeded in escaping from his persecu-
tors and took refuge in the Brownville
House, where he remained for several
days, not daring to go home, although his
family was then living in town.
Some of our citizens, feeling indignant
at such disgraceful conduct, caused a
warrant to be issued for Rains for this
last offence, and placed in the hands of
our Sheriff. We are informed that the
warrant has been since returned, the off,
GERS not being able to find the accused,
although it is well known that he is still
in the county.
A few days after this occurred, the
same band of d~esperadoes openly de-
clared their intention to remove Emmons
forcibly frOm the town, and the Sheriff,
at the request of a large number of our
citizens was obliged to have a posse of
twenty-five or thirty armed men in readi,
ness to resist the apprehended attack,
which, fortunately for the outlaws, they
did not attempt.
We are informed that some Of our
citizens, and among them a Justice of the
Peace, allowed themselves to be intimi-
dated so much as to endeavOr to induce
Mrs. Emmons, the witness on behalf of
the Territory, not to appear at the exam
nation, but to enter into seme sort of a
compromise. We would here, by the
way, inform these people that a witness
has no right to compromise a criminal
case, in which the Territory must be the
prosecutor.
On the 30th the case Of the Territory
Of Nebraska against Rains and Hahn
came up for hearing, and we are told
that Mr.. Kennedy one Of our County
Commissioners appeared for the accused,
OF as an adviser TO the Court, and caused
the whole proceedings to be dismissed at
the cost of the witness, although the ae-
did not make their appearance
The reason alIedged on the Justices doc
ket for the dismissed was that the pros
witness did not appear at the
appointed time. Now, we know the fact
IN he that The witnesses were IN tourn and