Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-09-13

the difficulty at Nashville was simply an intruder
and liable under the rules of military discipline to
be elected from the lines of the regiment at the
mand Of the officer on duty. He never was enlisted
he was never mustered; he had had simply the
promise Of an Office upon complying with certain
conditions which he wholly failed to comply with.
The treatment Of Thornhill by the accused, as the
proof clearly shows because of his official duty
and not for purposes Of personal or pirate revenge
He had no malice towards Thoruhill. His conduct
towards him is but a Corroboration of the testimony
as to his general character His fault if any he has
committed has been extraordinary leniency, and
the exercise OF extraordinary kindness and humani
ty towards deadly foe
But the accused owed it to himself his govern
ment and his regiment to preserve its efficiency no
matter from what source its efficiency was impaired
1t would have mattered but little to the Z. ). Gov
eminent whether the accused and the officers under
his command were shot down by aSsassins, though
they claimed to be loyal by rebels in open hostil
itv against the government. This man Thornhill
and his associates had become terror to the officers
of the 9th Tennessee Cavalry. Not that these Off
GERS and men were afraid to meet any equal number
of men in conflict, but because assassination equal
" terrible and possible to the cowardly and the
! brave Can this Court doubt the fact, in view Of
the proof that the 9th Tennessee Cavalry operating
I in upper Tennessee was seriously embarrassed by
by the probable and threatened covert assaults of
! ThOrnhill and his band of associates? The proof
is too clear to admit Of doubt. Had not Thornhill
been, ana not PROOF SNOW MN nave Deen,
/ the desperate leader Of desperate band, who re-
spected the authority Of one, but whose business
was that of plumber in violation of all the regula-
tions and orders of the military department Of the
! Government? What efficacy would a civil war
{ rant have had in his case? Is not the testimony
overwhelming that he was perfectly reckless of civil
obligations? That he obeyed and followed nothing
/ but his own diaboleal spirit of revenge? And will
this Court say that the accused, IN his honest and
long delayed efforts to protect his regiment has de-
served the penalty which necessarily attaches 10
conviction in this case? For, be it borne in mind
that if the accused if found guilty, could only be
convicted Of murder IN the first degree! There Is
no intermediate resting place between an a5sotIsts
acqiqL and a conviction, which carries with II inc
death penalty. IL. --,,,
/ We submit, therefore, to the Court ThetneI you
are prepared BY your verdict, to take tne llte - al
officer whose private character Is 1"'OSs"'so; az.
whose upright official conduct as q servant VI sne
United States is established by the very lness ~
timOnv because in the honest endeaVOr 70 PIOseos
his reSiment and promote the etcleney OF the army
of the United States he deemed 1t necessary 70 SIS
nose of desDeredo whose hostile conduct had InauS
/ him an enemy to the entire reglment-and inert
fore an enemy to his gOvernment-wno mao , O.en
encouraging and melting desertlon rom tne OnIon
army and whose business at least Tor the past WE'VE
months, has been that Of robbery and plunoeE
The counsel for the accused, in conclusion, desire
to express their high appreciation of the patience
and iTnnartiaIitv with which the members OF the
Court have discharged their duties IN the proracted
Investigation of this cause and also OF the UNIFORM
eourtesy and liberality of the Judge Advocate.
0--''-' WooD s. FLEMING,
Attorneys for secus ed.