The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-03-29
MILITARY TRIAL.
.GcoNTIN U ED.1

CITADEL, March "a, 1866.
The Commission met at 1890, A. NJ, and con-
Robert Keys, and Elisha Byrum
Absent from the Commission, Brevet Maj Gen.
Chas. Devens
By direction of the Commission, the Judge Ad-
vocatc read the following telegram:
To Brsret Aajor General Chas. Dozens:
WAR DEPARTMENT,
Washington, March %, 1866.
There is no legal objection to the ottioer contin-
uine to sit on the Commission, butit would be bet
for In excuse him till the return of the Depart
ment Commander, if it con be done without redu-
c;no the Court below the minimum.
''ns '''' 0'N'' ''' ]. HOLT,
Judge Advocate General.
Thereupon Major General Chas. Devens resumed
his seat as member of the Commission.
The Judge Advocate announced that, In accor-
dance with the opinion of the Judge Advocate
General it becomes desirable for the Com
mission either to adjourn to await the arrival Of
Major General Sicklcs, or to proceed in the case
without its presiding officer. 1t is proper to state
that this conclusion does not result from any fear
of illegality in the Commission proceeding as at
present organized, but from desire to secure to
the accused all the advantages which they might
derive from an entire separation of the functions
of the members of the Commission and those of
the commanding officer of the Department.
The accused, by their counsel, submitted the
following communication:
b,,f fba;r hoy haord
| the statement of the Judge Advocate read, sug-
gest that no objection exists to the Court proceed
ing, as organized with the case; and therefore re-
quest that the Court proceed with Major General
Devens as President.
The Commission accordingly proceeded with the
trial, Major-Gencral Devens presiding
Joseph W. Keys, o witness for the defence, be-
ing recalled and cross-examined by the Judge Ad-
yocate, deposed that he did not leave home at all
on the morning of the 9Th October; that he did
not see Fred. Clark that day that Peter Keys
left an hour after breakfast; that the only per-
sons of the family who left home that day and
night we're Peter Keys, Major Keys, Baylis Lewis,
and Robert Keys, who was absent an hour; that
he left his father at the supper table that evening
that his father then lit his pipe and went In TO the
front piazza that he (witness) did not hear his
father call to any one from the piazza that c.
KEYS, his father, remained about two hours in the
piazza, and had no pistol in his hand during that
time that Major Keys, Robert Keys and Elisha
Byrum were with him in the piazza; that Robert
Keys said he was going to Captain Fretwelps when
he rode off that about nine o'clock Crawford Keys
went to his bedroom, and Robert, Major and By
rum went up stairs, took drink and talked and
that about ON hour after, while in bed, he heard
Byrum say ''good night" and go off; that he heard
no one call Rachel; that the moon was not shining
when he went to bed; that he did not while IN
Roberts room go his bedside, but had no doubt he
was there in bed; that he (Robert) did not speak
while witness was in his room that he frequently
goes into Roberts room at night for water; thai
the moon was two hours high when he got up that
night to get water; that his father did not have q
suit of black clothes; that F. G. Showers and his
father were friends, but TINT there was no intimate
connection between them.
! The cross-examination of the witness, which was
long, elected no other fact of importance not EN-
braced in his cxannaton-in-ch chief on the 2lst inst
The Commission adjourned to meet on Monday
the 26th inst, at 1880 A. NJ