Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1865-03-04

os.'ser Renastf Sfbgy were all subjected 20 the
careful examination Of JrdgesAdyocate MAJ boiies
aud Gen. StOughton, counsel for the prisoner aler
which Gen. Stoughton made an eloquent an lh'pas-
stoned plea in behalf of the deteuant at the con-
clusion OF which the commission adjourned.
On the assembling Of the court, MAJOR Bodies, tho
udee Advocate made a long speech IN beisll OF
| the Government.
The Tunes then goes on ~
At the conclusion OF the address, the prisoners
counsel asked permission 10 say 4 few words ~ be-
half ofthe accnscd lie expressed has gfsnfndc amt
thaakul recognition OF thecourtesy OF The coni To-
ward his client, and said that whatever might be
the decision Of the court there wouh ever remain
the rene mbTance of the kindness and indulgence
shown to both client and counsel IN the painful eX
periences OF the ttial. lie submitted the following
points for the consideration of the court OK
lst. The counsel fot the accused assumed the
ground that there NO evidence before the court
proverbs character or Occupation 70 NC tnat.ol
. spy except his own admission that ne was III New
York abont the st OF November in citizens dress.
And lnSsmuch as the act OF Congress OF March 3,
1865 states that ssall persons Nc, FOUND mrklng
or acting as spies in Or about any OF the umted
States fortfcaions encampnlents, posts, &c., &c.,
or elsewhere, Sc shall be tsiabls by general court
martial, or military commission, &C." This,act,
simply rendered him liable TO be tried but IA no
case did il direct that for visiting the territory oil
the Upited States irrespective of The object
IN
The accused asserted his object in visiting New
York To Ice to run the bloc kade aud get South aud to
auuSe himself in the ciIy until this opportunity offer
ed itself aud being prisoner just escaped nom
JOhnsons Island, where DC had been confined Tor
upward of n year feared 10 use his own name lest
hr be recaptured Hence hrs being here in dis guise
under an assumed name. I'd The accused was in |
nocently seeking his way home to the South by
rail when arrested at Detroit, having failed 10 Sc
cure passage blockade runner hom New York |
HE was IN disguise, ard under an assumed nalne 10
ESCAPE detection aud recapture Aud having Sigh
ed two ahdavIts Ia Canada before the SoutheTn au-
tLoritis there ON the 2lst oi December, 10 tile ell
feet that he would make no unnecessary delay IN
passing through the United States, aud would re-
port Ia his regime nt the first provost marshal
of the Confederate States army he might be able
10 reach he was 50 far from being the mission /
of spy that his employers, before supplying him l
with The me aus to gel South, exact AN oath from
him that he will make delay Ia reaching his des
tinaton. lie IN fact makes oath moi To act rs spy
previous 10 leaving Canada. Sd. Spying being no Il
crime against Society--not au act 10 which moral
nrpiIudc attaches aud only a crime according To i
the laws and uSages OF war Therefore, The Il
liability To punishment a spy ceases with 4
the execution OF the duty and the return OF Il
the spy 10 his own lines thai - with his return
beyOnd Ae jurisdiction Of me oGo'ded belle
1erenf Hence, Kennedy having returned to Canada Il
aud remained with the southern authorities some
weeks previous TO his arrest al DetrOil-eyen adj
Iniltiug thai lac was spy IN New York-his habil=
ity To punishment snch has ceased. Ith. No
proof that he was engaged asan incendlary M New
orb ola the 18th OF November, except the testI-
Imony OF Price, a Southern soldier, who turns
against keunedy, and hopes 10 earn pardon for II
his own sins-belng Ia arrest under charges Of the
most serious nature-and Hays, turnkey, who Il
strives 10 secure the $50 OOO winch he understands
Is 10 b, the reward inr his conviction one OF the
hotel Luruers. Both testify that lie confessed that
ne hreu hotels-each embarked in his attempt to /
secure their respective objects. AuthOrlties ale /
quoted to show The utter want of crediblltytO be-
gwen Ia these Interested Witnesses, one OF Whom
Is proven Ia have mistaed several circumstances.
The court vas then cleared for deliberation, and /
Tho result will bc made known only by General |
order, from the Commander oithe department.