The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-12-15

THE CASE OF DR.. WATSON.-The decl-
sion of General Schofcld in the case OF
DR.. Watson, of Rock6ridge, was given yes
terday. 1t was that the defendant, charged
with shooting a negro in Rockbridgc coun-
ty, and thereby causing his death, should
be tried before a military commission, and
not before the civil courts. The trial Will
take place on the 10Th of December. The
following is a statement OF the petition OF
the prisoners counsel:
To Major General Schofed, Commanding the
District Of Richmond, and assistant COM
missioner of the FreedmeRS Bureau:
The petition Of James L. Watson, doc
tor of medicine, Of the county OF Rock
bridge, in the State of Virginia, respect
fully showeth that on the 18th of Novem-
ber, in this year, he was arrested (upon his
voluntary surrender) upon the charge OF
having fcloniously killed one William
Medley, freedman, and committed for
examination before an examining court in
his county: that on the 22d day OF Noycm-
Der he was regularly examined by the SAID
court, and acquitted and discharged from
further prosecution, as will appear by the
record of the said court, a copy of which
is herewith exhibited that the said court
was regularly constituted court, having
jurisdiction by the laws Of Virginia to hear
and examine such cases, and to acqut and
discharge the prisoner, or to send him on Tor
further trial, and its judgment of acquittal
is final, so that the accused cannot there
after be questioned or tried for the same
offence" See the Coae of Virginia, chap
ter 2O5. page T65, section III.
That on the fourth day OF this month he
was arrested for the same offence by an Of
ficcr and detachment Of men OF the army
of the United States, said to be acting un-
der orders from you, and brought pri-
soncr to Richmond, for the purpose OF
being again tried for the said offence by a
court-martiaI or military commission, as ne
has been informed. Upon these facts your
petitioner asks that you will order his inn
mediate discharge from custody Tor the iol-
lowing reasons, to wit:
|. By the termination of the war and the
proclamation Of the President of the United
States peace prevails in Virginia and mar
tial law has ceased to eXist.-2d Black
stones Com, 4l3, Al; I'd ii. b. Repts.,
9s; lst T. ReptS., 493; Hallam's Const.
History, 325, 80, 53l-and the executlonot OF
any man under such circumstances by a
military tribunal is, by the authorities
aforesaid, murder.
III. By the Constitution of the United
States, article Sd, section ID, paragraph Sd,
it is declared that the trial OF all crimes,
except in the cases of impeachment, shall
be by jury"
III. BY the Constitution, article lst,
section sth, paragraph 10th, the power OF
Congress over crimes, except treason, is to
"defne and punish piracies and telonies
committed on the high seas, and offences
against the law of nations" and therefore
it and its courts have no jurisdiction to try
felonies committed on the land.
w. BY the 9Th article of the amend
ments to the Constitution it is declared
that no person shall be held to answer for
capital or otherwise infamous offence
unless on presentment or indictment OF a
grand jury, except in cases arising in the
land and naval forces, or in the militia
when in actual service in time of war or
public danger. Nor shall any person be
subject for the same offence 10 be twice
put in jeopardy of life or limb.
V. BY the 9th article Of the amend