The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1864-04-14
From the Nashville Dispatch.
An Important Case.

--%- ~ 10 tt-stN Na-'Ns
Some time ago MAJ, named William
C. Taylor, naliciously killed a negro
servant named Jack" belonging 10
Mr.. Joseph f. Brooks of Rutherford
county. There were six witnesses of
the affair, ali of whom testified 20 the
guilt Of the man TAYLOR. I'm addition
to the plea Of not guilty of murder,
Taylor makes plea that the shooting
Of the negro took place outside the
Federal lines, and argues that he should
not be brought before military COM
mission lie says in his plea, that he
should be tried by the criminal court of
Rutherford, where the alleged offence
was committed. This appeal from trial
I by the military commission of this city,
/ is a most important case, as il brings the
Governor and the military authorities
in conilict-and must be a test case.
4, The plea Of the prisoner IS a cOpious one.
He urges the fact that Andrew Johnson
is the Governor of Tennessee. and that
he has been recognized as such by the
President and Congress of the United
States, and by the different commanders
Of the army of occupation Of Tennessee.
He also urges the fact that the Cover
nor has appointed judges, and provided
for the sitting Of courts at a proper
time, including one in the district in
which he has been indicted
And hereupon the Judge Advocate
Of the Court, who. prosecutes for the
United States says that, notwithstand- |
ing anything in the plea of the said /
William {. Taylor, the commission !
ought not to be precluded from taking
cognizance of the charges and specif- /
cations aforesaid-because he saws:
lst The Major-GenerI commanding
the Department has ordered this par
ticular case TO be tried by a military
commission.
ID There are no judges, as in said
plea alleged, legally appointed and
commissioned in pursuance of the con
stitUtion and laws Of Tennessee, having
power and jurisdiction to hold courts
and try and punish any person for the
commission of the crime Of murder in /
said county Of Rutherford
Sd There Is not now, and for two |
years last past has not been, any court /
in said county of Rutherford actually |
organized and exercising judicial func- |
tons, and having jurisdiction of the |
person Of said defendant, with authori- !
ty and power to summon jurors and |
subpoena witnesses for the trial Of said
defendant for said crime.
4th- The said persons in said plea
named as judges have not met since
they have claimed to be commissioned, |
and do not now exercise any judicial
functions civil or criminal. in said coun-
ty of Rutherford, and have not now,
and have not had, any control over the
records of said courts Of eaid county Of
Rutherford since the pretended com
missions were issued to them as Judges
by said Military Governor.
5th There is no sheriff or other off
GERS elected or commissioned in said
county Of Rutherford, nor any persons
assuming to act and actually exercising
the ministerial functions necessary un-
der the constitution and laws. Of Ten
nessee, to complete the power and en-
able the courts in said county TO exer-
else judicial functions and enforce
Judgments.
And this, the Judge Advocate, Lieut.
II. c. Blachman, prays may be inquired
The commission, composed of John
F. Miller, (President) 18th Indiana
Col VIM J. Stoughton, llth Michigan;
Lieut. Col J J. Davidson, 73d Illinois
Capt Jasper Partridge, 44th Ills; Capt
Thomas Lewis, j9th Ohio; Capt Thos
J. Rhodes, 9th Illinois; and I'd Lieut.
r. C. Blackman Judge Advocate 8th
Kansas-proceeded to the trial Of the
prisoner, the Hon. Jordan Stokes acting
as counsel for the defendant
After the examination Of a number Of
witness the court was closed, and after
mature deliberation, the following de-
cision was delivered by Col. Miller, the
President:
That Brigadier General Andrew John
son Is, and has been for the past two
years, Governor Of Tennessee, de fact0,
recognized by the Executive Of the ma
ton, and the military commanders Of
the army Of occupation in Tennessee.
That as such Governor, nc was, in pur-
suance OF the constitution and laws Of
Tennessee, regularly appointed and
commissioned, and there now exists
Judge Of the Criminal Court for the dis
trict composed cf the counties Of Da-
wilson, Rutherford and Montgomery
that by Che laws Of Tennessee, said /
court has jurisdiction Of offences com
mitted in the county Of Rutherford, in
Guiding the crime of murder, and is al
ways open; that no sufficient reason
against the holding Of said court in
Rutherford county exists and that /
there IS a reasonable probability that
term Of said court viii be held in Muir
freesboro this spring; whereupon the
commission do find that they ought not
to take jurisdiction ofthe said case, but
that the prisoner should be tried by
said criminal court, and do order that
the said William &. Taylor be held IL
custody in the military prison at Nash
Vile, or such other prison as the GeneT-
al Commanding may order, 70 await the
trial, before the Criminal court, in and
for said county Of Rutherford
The decision has been approved by
Major General Thomas, and the defend
ant has been sent to prison IS above or
dered
From Fort Smith.
spselaI Dispatch b the Missouri Dsnsocryt