The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1866-05-09
Important Trial.
TREASON AGAINST THE STATE.

The Nashville Gazette, of April 29, re-
ports the following case, which vas tried at
the April term Of the Jefferson county
(Tenn.) Circuit Court, Judge j. p. Swami
presiding:
The defendant, Dewitt G.. Williams, q
young man, was citizen ofJeiferson conn
! ty at the breaking out of the war, and in
October, 1861, volunteered as private in
the Confederate army. He became lieuten-
ant in his company, but upon the re-organ-
ization Of the army was defeated for his po-
sition and afterwards became sergeant Of a
cavalry company, in which capacity he
served until the surrender Of Johnston's ar
my, when he was paroledby Gen. Sherman.
Afterwards he took the oath of amnesty
prescribed by President johnson in his
proclamation of the 9th Of May, 1865, and
returned to his new home IN Georgia:
The Indictment contained three counts,
as follows:
| The FIRST count charged the defendant
with leyying war against the State OF Ten
nessee.
The second count charged the defendant
with having enlisted in the army Of the So
called Southern Confederacy, for the pur-
! pose Of carrying on said war against the
State.
The third count charges that a war was
wrongfullg levied against the United States,
and to overthrow the Government thereof,
and of the State of Tennessee.
At the opening Of the trial, the counsel
for the defence having first demurred to the
second and third commits unsuccessfully, pro-
pounded to the court some thirteen distinct
propositions upon which they asked a
charge in writing. We have been kindly
furnished with o copy OF those PROPOSE
tons.
The trial lasted nearly five days, and was
conducted on behalf of the State by the Dis
trict Attorney. The cause was argued for
the defence by w. Mcfarland, John NJ.
Fleming, and = Netherland, Esqs. The
principal points given iii charge by the
court are substantially as follows:
l.. The defendant BY the same act may
be guilty of treason against both the Uni
ted States and the State of Tennessee, and
may be punished by both Governments for
the same act.
2. The court and jury can take Judicial
notice of the public history of the country,
and it being one Of the objects of the late
war to change the relation Of Tennessee to
the Federal Union, it was war against the
| State, as we'll as the United States.
8. The pardon of the President in such
cases purges the offence against the Uni
ted States, but does rot affect the offence
against the State
4. The fact that the rebellion assumed
the dimensions and recognized character of
a civil and public war does not prevent the
citizens of Tennessee who entered the SER
vice Of the Confederate States after that
time from being punished as traitors by the
State Courts Of Tennessee.
5. The act Of assembly, passed on the Sd
day Of May, 1861, repeating SO much Of the
| treason act as made offences against the
United States punishable as treason against
the State, is utterly null and void, having
been passed by legislators whom the court
Ijudiciously knows to have been engaged in
reasonable purposes.
6. The decisions and opinions of the Su-
preme Courts of the United States in the
cases Of Amy Warwick and others, and
Mrs. Alexanders cotton and others, are
no authority whatever in trials for treason.
7. Although the laws Of nations protect
belligerents during the existence of war,
yet, after the war is over and peace declar-
ed, the soldier who participated in the re-
bellion or war may be punished as traitors
therefor.
/ s. In trials for felony. the jury rejudges
of both the law and the facts, but only
judges Of the law as propocnded to them
by the Court,
There were various other points discuss
ed by the court, but the foregoing are be-
lieved to be the principal ones given in
| charge to the jury
The jury having retired under the charge
of the Court, returned a verdict of guilty,
and fixed the defendants term ofimprson-
ment at fourteen years in the penitentiary.
The defendants counsel excepted to the
ruling Of the Court, and prayed and obtain
ed an appeal. The defendant gave bond for
his appearance at the next September term
Of the Supreme Court at Knoxville, when
this deeply interesting question will be f.
nally settled.
BELONGING 10 All, T1,E STATEs.-The
following story is nota bad illustration Of
much of the trimming indalged in du-
ring the late troubles:
| A son Of the Emerald Isle, but not him
self green, was taken up for he was at the
time doaun,) near rebel encampment,s snot
far from Manassas junction. In word,
Pat was taking quiet nap in the shade,
and was aroused from his slumbers by a
scouting party. He wore no special uni-
form of either army, but looked more like
spy than volunteer, and on this ground
was arrested.
"Who are you? what is your name and
where are you from?" were the first ques-
tons put to him by the armed party. Pat
rubbed his eyes, scratched his head and an
swered:
BE CORA, gintlemin, thin is ugly ques-
tions to answer, anyhow, and before an
swer any Of thin, I'd be after akin ye, by
yere lave, the same thing"
Welln' said the leader, eve are of
SCOTS army and belong to Washington"
aAll right" said Pat. Il knowed ye was
gintlemin, for | am that same. Long life
/ to Gineral Scott"
"Ahap' replied the scout; "now, you
rascal, you are u prisonerl" and be seized
Pat by the shoulders.
"How is that are we not friends" In
quired Pat.
"Now was the answer. 1--WE belong to
Gen. Beauregard's army
| "I'hin, We tould me "a lie, by boys, and
thinkin it might be so, I tould ye another.
Now, tell me the truth, and I'll tell the
truth, too"
/ "Well, we belong to the State of South
| Ho,aJ:,o