Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1864-04-27
HOMICIDE In THE SEVENTEENTH.

"S"'A VI c"@Spy, hi''ou "hho running
the guard, is from the Burlington Times
1.-The prisoner, Henry A. Luce, states
that on the 18th day of April he was on
the poliece guard of the 18th Regiment
of Vermont Volunteers, stationed at door
of the guard house at post No. 3, that
the deceased. james Sweeny, being then a
prisoner in the guard house, escaped from
the corporal in charge. and being remain
ded into custody. soon after made an at
tempt to escape, but Was pushed back by the
prisoner. Soon after-about Is minutes
past 9-the deceased, Sweeny. attempted
again to pass me, and on being pushed
back, held my gun and tried to push me
away, and then struck me in the face and
succeeded in passing me- | repeatedly
ordered him to return, but he paid no at
tenton, whereupon struck him several
times with my bayonet; | cannot tell how
many. The last time struck him he
fell. l think some one assisted him to
arise he went into the guard house, but
whether alone or with assistance | cannot
tell. | think he was about one rod from
the guard house when | first struck him.
He kept on running till he fell, eight or
ten rods from where | first struck him,
near the east end of the barracks. My
instructions were to keep the prisoners in
the guard house, and if they attempted
to run away run them through. | did
not shoot at him for fear should wound
some one else. as several persons were
standing in the vicinity.
"Lucian H. Bingham. Corporal of the
Guard, being sworn. corroborated the
statement of Luce, and said The Sec
ond time the deceased tried to escape
saw him getting nearly by Luce. l had
just relieved private Gokey of Co. z, who
was on the same relief Gokey said he
should like to assist Luce and | told him
he might. | could see both Gokey and
Luce doing something with their guns,
but itwas too dark for me to see distinct
ly."
Capt. A. J. Davis, officer of the day
testified that his general instructions to
the guard in the morning we're to keep
the prisoners in the Guard House. After
that he found Sweeny outside the Guard
House without any guard and took him
back himself. After this he told the sen
try to keep those prisoners in there If
they had to kill every devil of them
Considers that he was justified in the
course he took. Has copsidered Sweeny
to be one of his worst men, quarrel
some, and in general giving much
trouble.
"Surgeon Edison testified that he ex-
anincd the body, and found nine wounds
evidently made with bayonet, and all
upon the posterior aspect of the body.
Opening the thoracic cavity, found the
pleural cavity filed with blood remov-
ing the contents of the cavity found in
the lower lobe of the left lung punct-
ured wound corresponding with the exter'
nal wound. The external wound was be-
tween the eighth aud ninth ribs on the
left side. Upon the right side of the
cavity found punctured wound of the
vena coya ascendenS-the wound in the
vein corresponding to the external wound
upon the right side, between the eighth
and ninth ribs, two and one half inches
from his spine. Judging this to be suf'
6ciept cause for death he made no further
Examination.
The following is lne hndlnS vi 'ne
Court
"' The Court, after mature deliberation
from the evidence adduced, declare that
the grounds Of accusation are not suf'
6cicnt to bring the matter before General
Court Martial.
"'They are of ofopinion that this is case
of justifable homocide, in this: that the
accused acted in obediedce to orders and
in the line Of his duties
/ JAMES S. PECK,
LIST Lieut.. and Adjutant 18th Vt. Vols,
Judge Advocate.
STEPHEN F. BROWN,
Capt. Go. A, 18th Vt. Vols,
President of Court. = :