Evansville daily journal. (Evansville, Ind.) 1863-1866, 1864-03-15


got hatchtt and came out again. l
told him he should not use the Ratchet.
The other man (Richardson) had an iron
square, but not at first.
Saw the beginning, but had no interest
in it did not see the Captain strike a
lick; didn't see any Of them strike lick.
To Richardson Saw you strike him.
You went for him
Chas. Miesner sworn-Ssw crowd at
the livery stable; went down to see what
II was saw the Captain going down;
Smith asked Richardson 10 give up a
carpet sack that belonged to drummer
in his company; Richardson said he
could not get it, Smith said he was re-
sponsible for it and was going to have it,
raising his hand at the same time; come
rowing ensued; heard some one say the
Captain was cut. when went in and
knocked Richardson down
@Geo Bochman sworn-Was at the
Washington House wanted to 90 away;
Smltl asked me to go down with him to
see about carpet sack; he asked for
the carpet sack; Richardson said he would
not give il up; told him he had better
give up the carpet sack; Smith also told
him he had better give up the carpet
sack, touching him on the shoulder when
Richardson struck there was rome row
ing when Richardson came up with the
square, and the other man got Ratchet;
They called ms id sons Of BIS; think
we soldiers is as good as any man; Rich
ardsons struck FIRST rCrH asr-0E
To Richardson-H laid his hand on
your shoulder when you struck him.
Vim. Miller, Lieut.. Col. Grill and others
testified to the good character of the &C
cused; had been quiet and peaceable;
had always been good to his men; Lieut.
&ol. Grill said Smith was brave and
meritorious soldier and he had recon
mended him for promotion.
Others testified to the character
of the wounds received by Captain Smith
They appeared to have been made by
a knife or some sharp instrument
H. Arnald testified that the carpet sack
in CONTROVERSY belonged to him That he
had given it to Captain Smith to send to
camp. The Captain gave il to man to
leave in camp, who said he had busin Css
to attend to and forgot to leave it at
camp. That he had got the carpet sack
from the stable without any trouble when
he had explained the matter.
Mayor Baker, at tie close of the testi-
mony, said the case was very embar-
RAISING one. Two witnesses had sworn
positively that Smith had struck the first
blow, while four others as positively
swore that Richardson had struck the
FIRST blow rfsuA
Evidently one party or the other were
mistaken, as both statements could not
be true. One or the other must have
struck first, or both must have struck at
the same time w 0&A
No attempt had been made to impeach
the credibility of the witnesses on either
side All doubts went to the favor Of
the accused. The evidence created such
doubts, and he, as judicial officer, act
ing in place Of a jury, could not, on his
oath, say, from tie testimony produced,
that the accused was guilty. But he
wonld say that he should always regret,
nay deplore, the occurrence. Compar-
ing our city with other places, We had
reason to congratulate ourselves that we
had been free from disturbances or brawls
between citizens and soldiers, but that
hitherto the military had been held sub
ordinateto the civil authority, ana he
should always lament and deplore this
Occurrence and sincerity hope like az
fair would never again happen in our
city The defendant was discharged,