Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-11-17

Curso1s Conduct Of the Court Martial
Their Findings Disdpprored-A Re
buEe from Gen. Thomas.
NASHVILLE. rnEx.. Nov. ].

NASHVILLE. TEyS.. Nov. la.
Judge Trigg this morning rendered his
decision relative to Dick McCann's APP
plieation for Issuance of writ Of h0beds
corpus. He held that the Confederate
States were belligerepts, clothed With
power to organize a dFum-head court
martial, and TO punish with death those
tried beforeit. Though this was vitality
the question before him, he held further
that he had no jurisdiction to grant the
application Of the petition.
Thefindingso OF henlilitary commission
that tried Emerson Etheridge are pro-
muigated. The following are the find
ings of that court:
HsOf specification one, charge one, not
guilty, except the words, publishing and
adopting the following resolutions, and
being present at the town Of Dresden,
Weakly county, Tennessee OF specih-
cation two, charge one, guilty, but attach
no ~eriminality to charge one' NOT
guilty Of specification one, charge two.
Not guilty Of specification two, charge
two. except the words, "the negroes
are not more free than they were
forty wears ago. and attach no
eriminallty to thes5 words. Of speci-
hcation three, charge two, guilty
except the words, The said Etheridge
thus attempting to incite the people OF
Tennessee 10 r-einaugurate revolution ana
bloodshed, e~ndeavoring TO hold up to in
fanny the Chief Magistrate of the nation,
and even insulting the revered memory
| of Abraham Lincoln, the late President
of the United States Of America OF
charge two, not guilty. The Commission
do acquit him, the said Emerson
Etheridge.n
Gen. Thomas disapp5oves Of tho action
Of the Court Ia the following;
"The proceedings OF the Military Com
mission, ia the Gaze of Emerson Eth
4 ridge, citizen, are di%sapproved by the
Mai.-Gen. Commanding, for the fol-
lowing r,asons:
at appears, from the record, that,
upon the c0uvening Of the Commission,
the Judge Advocate summoned such wit
nesses ss Were deemed necessary 10 sup
port the prosecution; but, before one
third OF these witnesses were examined
the following entry was ordered to be
made in the record "The Commission
then wentintO secret session, anddecided
to close the case The Judge Advocate
urpsruUga ua-a ynbcrua in tzJ proceedings
a protest against this summary action OF
the Commission, upon the ground that
many Of the most important witnesses
for the Government, named in the pro
test. were nOteXamined, and that he haO
good reasons for believing that, by these
witnesses, he could prove material facts
in the case, his knowledge Of their testl'
mony being based upon their affidavits
already in his possession. NOthTlth,
standing the protest of the Judge AdyO'
cate, the Commission proceeded to maxi
its findings, and adjourned.
1.-THE action of the Commission va
unauthorized, and without precedent
It IL the province of a court to sit IL
+ Judgment, and to investigate, with pa
tlence and dignity, the evidence brought
before it; but not 70 reject, without con
sideratiOn, the material testimony upOT
which its judgment should be based
The Commission also committed a grav'
error in attaching no C~riminality TO tn
findings upon some Of the specification
and parts Of specifications Of which tn
accused was proved guilty by the limitet
amount of testimony which il condo
scended to permit the Judge AdyOcat'
to introduce.
"The second finding shows that tn,
accused, in time of rebellion, or during
the unsettled state ~OfsOciety immediatel,
following it, and in the midst Of a nOto
riously dislOyal assembly, denounced thD
President and the commander of III
armies fthe nation as a usurper, a liar
a man meaner than Judas Iscariot, an,
declared also that there was no semblanct
Of civil government in the land, bU
usurpation and that the laws were voiO
and not binding, and yet the Court attacl
no criminality to it. Thus, officers of thu
army, comprising a military tribunal
and holding commissions from the com
mander Of the United States, see him *
DETAINED, his authority set at naught, hi
usefulness impaired, andyet find nothing
in all this to condemn.
"The Commission evidently failed L
appreciate the grave nature Of the cast
brought before il, and to manifest a dut
respect for the dignity and interest OF tht
Government it represented and instead
of being an instrument Of Justice and the
guardian Of the military authority it wa
appointed TO uphold, by its arbitrary ant
iECOnsideTate action has enabled Elmer,
son Etheridge 10 succeed in his attempt
% do as much injury az possible e
the Government, without subjectinghim
self to personal harm. Although the
Court has failed to do justice, and the
evidence and findings clearly establish
the guilt Of the accused, yet, as the pres.
ent state of society in West Tennessee
does not require that a further action
should be taken i'll this case, OF further
-estraint placed upon the accused, the
Court viii not be -reconvened for the re
consideration of its findings upon tn,
evidence before 70, and Emerson Eth,
eridge win be Immediately released from
his parole and set at liberty.
'"Fhe Military Commission Of which
Brevet Col. n. 4. Dudley is President, j,
hereby dissolved.
"By command Of Moi.-Gen. Thomas
"Wz. D. WHlPPLE, A. A. g.