Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-04-28
A VERY IMPORTANT TRIAL~-TREa-
son AGAINST THE STATE.


From the Knoxville COMMERCIAL
At the April tern, ofthe Circuit Court for
Jefferson county, held at cambridge last
week, Judge j. p. Swami presiding, there
was tried case Of unusual novelty and i'm
portance to the people of Tennessee-being
a trial for treason against the State, predica-
ted upon an enlistment and service in the
army of the Confederate States, after the
passage of the ordinance of separation by
the people of the State. This was the fact in
the case upon which the prosecution rested.
The defendant Dewitt c. Williams, a
young man, was citizen of Jefferson county,
at the breaking out of the war, and in Octo-
Der, 1861, volunteered as a private in the
Confederate army. He became Lieutenant
in his company, but upon the reorganization
Of the army was defeated for this position
and afterwards became Sergeant of a cavalry
company, in which capacity he served until
the surrender Of Johnston's army, when he
was paroled by Gen. Sherman. Afterwards,
he took the oath of amnesty prescribed by
President johnson in his proclamation of
the 9th Of MAY, 1865, and returned 10 his
new home in Georgia.
The Indictment contained three counts, as
follows:
The first count charged the defendant
With levying 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 var was
wrongfully 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 defense having first demurred to the
second and third counts unsuccessfully, pro-
pounded to the court some thirteen distinct
propositions upon which they asked Il
charge in writing. We have been kindly
furnished with copy of these propositions,
together with the charge of the court, but
they are entirely too volumnious for full
insertion in our columns at the present
time.
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 defense by VIM. Mcfarland, John NJ.
Fleming and John Netherland, Esqrs. The
principal points given in charge by the
Court are substantially as follows:
LIST. The defendant by the same act may
be guilty of treason against both the United
States and the State of Tennessee, and may
be punished by both Governments for the
same act.
ID. 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 a war against the
State, as well as against the United States.
Sd. The pardon of the President in such
cases, purges the offense against the United
States, but does not affect the offense against
the State
4th. 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 service
of the Confederate States, after that time
from being punished as traitors by the State
Courts of Tennessee.
9Th. The Act of Assembly, passed on the
Sd day of May, 1861, repeating so much of
the treason act as made offenses against the
United States, punishable as treason against
the State is utterly null and roid, having been
passed by Legislators whom the Court judi
cially knows to have been engaged in trea-
sonable purposes.
9th. The decisions and opinions of the
Supreme Court of the United States in the
cases of the Amy Warwick and Others and
Mrs Alexander's cotton and Others, are
no authority whatever in trials for treason.
9TH. Although the laws of nations protect
belligerents during the existence of war from
prosecution in the civil courts for treason,
yet, after the war is over, and peace declared,
the soldiers who participated in the rebel
lion or war, may be punished as traitors
therefor.
Sth. In trials for felony, the jury arejudg-
ges of both the law and the facts but only
judges of the law as prQpOunded to them By
The court
There were various other points discussed
by the court, but the foregoing are believed
to be the principal ones given in charge to
the jury.
The jury having retired under the charge
of the Court, returned verdict of guilty,
and fixed the defendants term of imprison-
ment at fourteen wears in the Penitentiary.
The defendants counsel excepted to the rul-
ings of the court, and prayed and obtained
an appeal. The defendant gave bond for
his appearance at the next September term
of the Supreme Court at Knoxville, when
this deeply in teresting question will be fin
ally settled.