Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-22
The Case Of Emerson Etherldge.

We have already published the charges and spec
iieations against Emerson Etheridge. He was found
not guilty of encouraging resistance the enforce
ment of the laws" He found guilty of writing
the Hale letter. but acquitted him of any criminal
interest He was acquitted of the second charge
"inciting sediton and Instruction" On specifca-
ton third on the first charge he was found guilty
except the words attempting to incite the people
of Tennessee to reinaugurate revolution and blood
shed, endeavoring to hold up to infamy the Chief
Magistrate of the nation, and even insulting the
revered memory of Abraham Lincoln, the late Pres
ident of the United States of America" OF the
charges he acquitted by the Commission. But
read the review of the case by General George 81.
Thomas:
II. The proceedings of the Military Commission,
in the of Emerson Etherdge, citizen, are dis
approved by the Major General Commanding, for
the following reasons:
It appears from the record that, upon the COnven-
/ ing of the Commission, the Judge Advocate sum-
moned such witnesses were deemed necessary to
support the prosecution but before onethird of these
witnesses were examined, the following entry was
ordered to be made in the record
The Commission then went into secret session
and decided to close the case"
The Judge Advocate presented and entered in the
proceedings protest against this summary action OF
the Commission, upon the ground that many of the
most important witnesses for the Government
(named in the protest. were not examined and that
he had good reasons for believing that bythese wit
nesses he could prove material facts in the case his
knowledge of their testimony being based upon heiI
afidsvits already in his possession.
Notwithstanding the protest of the Judge AdvO-
cate the Commission proceeded to make its findings
and adjourned.
This action of the Commission was unauthorized
and without precedent 1t is the province of Court
to sit in judgment and investigate with patience and
dignity the evidence brought before it. but not to
reject without consideration the material testimony
upon which its judgment should be based.
/ The Commission also committed grave error in
attaching criminality to the findings upon some
of the specifications of which the accused was
proved guilty, by the limited amount of testimony
| which 1t condescended to permit the Judge Advo-
cate TO introduce.
The record and findings show that the accused, in
time OF rebellion, Tor during the unsettled state OF
society Immediately following it, and in the midst
of a VIGOROUSLY disloyal assembly, denounced the
President and Commander of the Armies of the Ma
ton, a "usurper, liar, q meaner than
Judas IscariOt," aud declared that there was no as
sembance of civil government in the land but usur
patton, and that the laws void and not bind
ing, and yet the Court attach no criminality to it
Thus officers of the Army composing Military
Tribunal, and holding commissions from the Com
manuer OF the Armies OF the nlted States see him
DETAINED, his authority set as naught his useful
ness impaired-and yet find nothing in all this &c
condemn.
The Commission evidently failed to appreciate the
grave nature of the case brought before it. and tC
manifest a due respect for the dignity and interest
of the Government it represented, ana instead o.
being an instrument of justice and the guardian o.
the Military authority it appointed to uphold,
by its arbitrary and incOnsiderate action, has
bled Emerson Etherdge to succeed in his attempt tC
do as much injury possible to the Government
without subjecting himself to personal harm.
Although the Court has failed to do Justice and
the evidence and findings clearly established the
guilt of the accused yet the present state of So
ciety in West Tennessee does not require that fur
Their action should be taken in this case or further
restraint placed upon the accused the Court will moi
be reconvened for the reconsideration of its finding:
upon the evidence before it, and Emerson EtherdgC
will be Immediately released from his parole and sci
at liberty.
The Military Commission of which Brevet Col
onel n. ~ Dudley is President, is hereby dissolved
By command of Major General Thomas
WN. D. WHIPPLE,
Assistant Adjutant General