Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-09-13
Court.MartIaI- TrIaI Of COI. 10. Par.
VUo8
Before General Court
Martial,
MURDER.
10. PARSONS.

4
10. PARSONS. MURDER
Mdyit Please the Court:
The investigation Of this cause has no doubt Sc
verely taxed your patience, although it has been
the sudious purpose of the counsel for the defense
to curtsil the evidence as much SIS was consistent
with the interest Of the defendant. The crime
charged against the sccused-involving no less than
his life and even, in Of discharge, his reputa-
ton probably for life, must be our excuse for any
apparently unnecessary prolongation of the case.
The accused is charged with having murdered or |
caused to be murd cred, John A. Thornhil said
to have been citizen of Jefferson county, in the
State of Tennessee. That Thornhir is dead while |
not clearly established by the testimony is not de-
MED by the counsel for the defense
Admitting therefore, for arguments sake that he
is dead, we then approach the points in the case
which must control its determination. There are
few, if any, cases recorded in the reports Of our
criminal adjudications that are parallel to the one
now under investigation; and It is not the purpose
of the defense to rely insist upon any mere legal
technicalities We simply propose that this cause
be determined upon its merits, and willing that
the accused be promptly punished if such should be
the determination Of the Court.
We insist however, that he deserves no punish
ment at the hands Of this Court.
In the first place. the accused, developed by the
the proof is a regularly commissioned Colonel Of
volunteers in the 9th Regiment of Tennessee Cav
airy, United States service. He has been since the
| month of May, 1868. Hell a citizen Of Knox coun-
ty, Tennessee. Because of his union sentiments he
was compelled to flee his country, and while tenn
| porarily in Kentucky-then the land of refuge
for East Tennesseeans-he recruited and organized
i at his own expense the 9th Tennessee Cavalry
i which he yet commands. As commander Of that
Regiment, he Of course, had discretion in assigning
the officers of the line. He had promised to Thorn
hill-the alleged deceased-the Captaincy of Com
pany B, in the Regiment. The reasons why he was
| not confirmed, are fully apparent from the proof
| He never recruited his company, stipulated
/ While temporarily attached to the Regiment at
| Knoxville he was mutnous and insubordsnate.-
He deserted the Regiment if desertion be charg
ed to a never legally mustered into the service
| and while the Regiment under the command of the
accused was going forward in the discharge Of its
duties the said deceased betook himself to the
ty Of jefferson, and resorted to system of plumber
with the aid of ready associates which has already
unjustly brought reproach upon too many honest
soldiers in the United States service So far as the
proof shows he continued in that business till the
time Of his alleged death.
| The character of the accused has been put in Is
sue by his counsel. We may safely say that no man
in this or any other State arraigned for the oenst
charged in this cass proveds better if good
a character as has been proved for the accused Il
is shown, even, by the commander of the District
that as Regimental officer he was entitled to the
special Commendation of his superior officers, be
cause of his excellent conduct an officer both il
enforcing discipline in his command and in protec
ting the rights of private citizens in every locality
where he encamped. he is shown to be humans
man, and if any fault is proven against him. it i
that in his kindness and generosity, he relaxed to-
. much from the stern duty Of an officer, anC
too long permitted the said deceased to mperl hi
own life as we'll as the lives of the principal officers
g the Regiment. His character as citizen also,
shown to be excellent. It would be difficult to flint
s a in East tennessee, who could establish, be
fore court, so good character as the accused ma
l done in this case
G Leaving the accused for the present, let US tur
e TO the character and conduct Of Thornhill. VIII
V and what was he The testimony sufficiently an
| swers. The Court no doubt has been strongly i'm
r. pressed by the evidence touching his character.
) He affords a strong instance of strong naturs
and physical courage, perverted to bad purposes.
He seems from the proof to have been man of e1
traordinary and reckless courage; and IN the Ian
guage of one of the most intelligent witnesses be
n fore the Court he "morbidly sensitive, and thu
peculiar sensitvenes in the opinion of the witness
d (Mr. Henderson, amounted to mania" That h
IS was earnest man, in his hostile purposes, ha
e been fully shown by the testimony that the aceu
a sed was and had been repeatedly advised OF tn
threats of the said deceased and his purposes ais
fully appears and the Court cannot fail to have re
: marked with what remarkable persistency Thorn
hill nursed his wrath and followed up his murder
s Gus design against the accused and the officers an
| men of his regiment. That Thornhills purpose
r was deadly there surely can be no doubt. His ow
=
10 that his threats were never unmeaning that in ma
le tiers of personal difficulty he always apt to max
Of good his threats.
is While it is urged by the defense that the conduc
of the alleged deceased tU-wit his base attempt
b. take the life of the accused while on duty With
rs the proper lines of his regiment and at his Ow
70 headquarters-his bare violation Of his pledl
to cease his hostile conduct towards the regiment
D. his many murderous threats towards Col. Parson
: | all of which seem to have been communicated
him. or his associates in arms-hs rude assaults up
I'd and insults to various officers of the 9th Tenness
Y Cavalry, for no other reason whatever than tn
~ thew were friends of Col ParsOns-the persistent
n | with which these threats were repeated couple
Of | with the well known and well proven fact tn
n Thornhill was adesporadO lin the language of Ge
Gilleml-all these facts, we respectfully submit
in sufficiently warranted the accused in taking the Ii
So Of Thornhl even because of his well grounded a.
lis prehensOns of personal violence and assassinatO
r. But it is not upon this ground alone, that pr
pose to rest this case. The accused is an officer
C. the United States, and for more than two years h
On been in the active discharge of his duty. How
IS has discharged that duty is told by every witne
IS that has been questioned, but especially shown
s. Major General Gillem, under whose command
TO | has been serving for the past fifteen months.
nt Colonel in the service of the United States can
r. tabliSh before this Court exalted Charact
&C. than the unsolicited testimony Of some thirty wi
d nesses has established for the accused. While d
no charging his duty officer at Nashville, said
tV ceased made vile attempt to assassnate him al
only escaped with his life because of the accused
remarkable forbearance and leniency. For this COu
on can hardly believe that Thornhil, when he went
IT. Nashville in March, 1861, seriously intended or
ON pected to assume command Of any company in t
ar 9th Tennessee Cavalry. On the contrary he we
oh there with the spirit and intent Of demon, bur
lot ing with morbid spirit of revenge and with
ale termination to take the life Of the accused He b
70 no such claims upon Col. Parsons as he attempt
RS to enforce He had no right TO demand the COZ
he mand of the company he claimed his own.
M had been properly assigned to another officer
We had shown himself, by discharge of duty to
yr worthy Of the position. Thornhill, at the time
his the difficulty at Nashville simply intrud
a and liable under the rules of military discipline
ac be elected from the lines of the regiment at the
mi mand Of the officer duty. He never enlist
see he was never mustered; he had had simply
RS promise Of an Office upon complying with certs
conditions, which he wholly failed to comply Wi
ice The treatment Of Thornhill by the accused as
or proof clearly shows was because of his official d.
Il and not for purposes Of personal or pTirate reVen
nd He had no malice towards Thoruhill His condU
re- towards him is but CorroborationOf the testimo
elf as to his general character. His fault if any he
nd ! committed, has been extraordinary leniency, 8
his the exercise OF extraordinary kindness and human
les. ty towards a deadly foe.
Ito But the accused owed it to himself his gOvel
I'm ment and his regiment TO preserve its efficiency,
ra matter from what source its efficiency was impair
rch Ii would have mattered but little to the L. s. G.
in eminent whether the accused and the officers unC
raj his command were shot down by assassins, thou
as they claimed to be loyal by rebels in open hos
ity against the government. This man Thornh
by and his associates, had become terror to the oc