The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-09-05


either belligerent party might, according
to the laws and usages of war take from
the enemy, and any taking of such pro-
perty by the authority Of either OF the
belligerent parties is an act OF war, and
NAV be justified as such In any OF the
Civil Courts of the county.
The property in this instance was ad-
mitted to have been taken by Military
power If the Confederate States, and
from what we have said, tbUse taking 1t
wOnld not have been answerable fer he
act in any Civil Court of the State, be-
cause il was an act of war. Much less
eau the accused by any assumption or
fiction. be held to answer as accessories
or accomplices for an act whic'; the prln-
cipal may Justify by tue laws OF wall
They are therefore discharged
tSigned,l A. WERNrNGER, Justice
[Signed, J B. WRIGHT, Justice
[SigDed,] CONRAD Ross, Justice
LA. Werninger. Justice of Clark
Township in the Comfy of Harrison and
State of West Virginia, hereby certify
that the foregoing isa trne Copy from my
Record, or Docket Given under my
hand this Dist of August 1865
A. WERNINGER. Justice.
Iu April last there was call for c0un-
ty meeting to be held at Clarksbnrg, the
avowed object of which was to adopt
such threatening measures as would be
thought sufficient to prevent the return
of these men to their former homes. In
the interval between the date Of the call
and the day fixed for the meeting. hints
of a character SO significant were receiv-
ed from high military quarters that the
managers of the affair thought 1t pru
dent to temper their zeal with discretion
and concluded that il would not probably
be wholesome either tn attempt OF threat
EN- violence against men who had assur-
anees of protection from the commander
i'm chief of the armies of the United
States.
The meeting did, however after some
severe pangs of parturition bring torth
a set of resolutions, sailing as close to the
wind as they dared do to avoid the mil
itary breakers, advising these men to
leave the country, as they were not hit
associates for honest, respectable men,
abusing them roundly in very bad Eng
lish, and finally pledging the members OF
the meeting to give aid to the civil an
thorities i'm any effort that might be made
to punish them.
Whether or not the meeting had been
advised from any quarter that the courts
of the country cOnld be used to accom-
plish what they dared not themselves AZ
tempt, cannot say One fact is certain,
however, that some of the members OF
the meeting found themselves at the next
term of the Circuit Court in a situation
to redeem the pledge given in the meet
ing, to aid the civil authorities they BE-
ina members Of The grand jury
This grand jury found bills of present
ment against some thirty persons (the
parties named in this record amongst the
rest) for horse stealing
1t has been asserted in vindicati0n OF
the Jury, that they were instructed as tf
the criminality of the parties, in terms
they felt Themselves m T Officially feTeed 70 ac1
as they did If they claim the benefit O
being misled by such gross ignorance o.
perversion of the laws of the country, il
Gods name let them have it.
However excusable they may be fol
| ignorance of the law, there are some
facts connected with this transaction
which they may find it more difficult tt
explain.
assert upon the authority of a wit
ness under oath, (young Harrison) that
he was witness before the grand jury
at the time this enquiry was going on
and that he gave to the jury the name,
of three young men, former friends and
| acquaintance, whom he recognised al
present with Gen. Jones' men and acting
as part of the force Yet the records o.
| the court show that none of them were
indicted
That they did indict the men named
inIthis record, without a shadow Of proof
| that they were in any way connected
with Jones command, or were even il
the county at the time, Except one K
G. Davis,) is equally true. Nr Davis
was indicted for participating with
Jones' men in the lraid, when it must
have been known to the jury, tlrat he
was at that time living quietly at hi:
home in Clarksburg.
The three men who slipped through
the judicial net were residents of Nor
| gan county, and would not be likely
therefore to stir up the bile of these ans
tere patriots by their presence
| I assert, also, as another fact suscepti
BILE of full proof, that a presentnent fol
this same offence of horse stealing wa:
at the same time found by the grand jury
and signed by the foreman, against {
brother Of the presiding Judge but Wds de
strOyed by some one in the jury room or else
,chere; at all events it never saw tht
light. 1t could scarcely be said that il
was for want of proof, for it would seen
that the question of proof was entirely
| ignored by the jury They refused to in
| dict where there was proof of the pres
ence and participation of certain parties
| and indicted sthers where there was M
proof whatever.
An intelligent public will judge wheth
er, in this state of facts, connected with
an important judicial investigation, these
prosecutions were moved by an honest
purpose to vindcate the integrity of the
| laws, or whether it has been an attempt
| to use the powers of the courts for pur
poses OF intimidation and oppression.
If such purpose was designed, it hal
been signally defeated and its movers re
buked by the manly and Independent
course taken by the intelligent Justice.
who presided at the trial. They made {
patient and careful examination of tht
evidence, and at their suggestion Gas th'
cases were of character somewhat nov
el) the law bearing upon them was fully
and ably discussed by Colonel A. p Da
| r;esop tha cnmnatent attorney for th,