Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1864-04-22

TnE HomuDE IN The l7TH.-We copy
from the Times the following abstract Of the
proceedings OF the military Court Of Inqui-
~, held Sunday night. to investigate the
death Of Sweeny, killed while running
guard
The prisoner, Henry A. Luce, states that N
the 18th day of April he was on the police guard
Of the 18th Regiment OF Vermont Vols, sta
toned at the door Of the Guard House at Post No.
8; that about P. NJ. the deceased, james Swee-
ny being then a prisoner in the Guard House,
escaped from the corporal in charge, and being
remanded into custody soon after made an at
tempt to escape, but was pushed back by the
prisoner. Soon after-sbout Is minutes past g
the deceased, Sweeny, attempted again 10 pass
me, and on being pushed back held my gun and
tried 10 push me away, and then struck me in
! the face and succeeded in passing me. | repeat
| edly ordered him 10 return, but he paid no at
| tention, whereupon | struck hin several times
I 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. l think he was about one rod from
the Guard House when first struck him He
kept on running TIL 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, corrob0raied the statement Of Luce.
and said " The second time the deceased tried
TO escape | Jaw him getting nearly by Luce
rad just relieved Private Gokey Of Co. C, who
was on the same relief Gokey said he should
Ike to assist Luce, and told him he might /
could see both Gokey and Luce doing something
with their guns, but it was too dark for me to
see distinctly"
Capt A. J. Davis, officer Of the day testified
that his general instructions to the guard in the
morning were 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 sentry - TO
keep those prisoners in there if they had |
10 kill every devil of them" Considers that he /
was justified in the course he took. Has consd-
cred Sweeny to be one Of his worst men, quar-
relsome, and in general giving much trouble.
Surgeon Edison testified that he examined the
body, and found nine wounds, evidently made
with bayonet, and all upon the posierior as
80 u h4N NSNss VI Nuil- tut AuOTdClC NlNlNN. ]
found the pleurdl cavity filed with ;blseI; re-
moving the contents OF the cavity found in the
lower lobe Of the left lung a punctured wound
corresponding with the external wound The
external wound was between the eighth and
ninth ribs on the left side. Upon the right side
OF the cavity found punctured wound Of the
rena cGrG dsceRdenS-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 judy
ing this 10 be sufficient cause for death lie
made no further examination.
The following is the finding Of the Court: Z
"a The Court, after mature elaboration from
the evidence adduced, declare that the grounds !
'f accusation are not sufficient to bring the mat
er before General Court Martial ,
They are of opinion that this is case of JUS
i6able homicide, in this that the accused acted
n obedience to orders and in the line of his du ,
y"
JAMES S. PECK.
LIST Lieut.. and Adjuiant 18th VT. Vols,
Judge Advocate t
STEPHEN F. BROWN. I
Captain Co. A, 18th vi. Vols,
President of Court