The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-10-05

We had intended preparing % a''
ticle with regard to the Poweshisk
County Prosecution, but finding the
following letter published in the Du.
renpors Gazette with regard TO the same
matter We reproduce it for the informs
ton OF our readers with the remark
that when "Capt." r. G. Carpentsr OF
any other nasty, low-lived, saeaking,
contemplate copperhead wishes Justice
done him be can be accommodated in
Tana County to the profound sstisfsc.
ton Of the Union men, and to tbe utter
dislike Of the Butternuts and Bash.
whackers to whom he elaine allegiance.
The P0weshlek County Prose-
EDITOR OF GAzErrE: You have d.
ready published , general account oi
the trial Of the case IN Tama County,
entitled s'R C. Carpenter vs L. F. Par
ker ct al," yet the national importance
of the principles involved may render Z
recurrence to these appropriate. The
case grew out OF the very spirit which
is still dragging Southern Unionis.s be
fore rebel courts, and sending them, by
rebel hands, to rebel prisons.
The witnesses seemed disposed to
state the exact truth, though the fla.
grant offences charged in the pleadings
excited the suspicion Of intended per-
jury. The plaintiff and his attorneys -
we'll as his sympathizers probably feel
less Jealous than formerly, ae thorough
investigation Of this case would bring
some facts to light which would not be
advantageous to their present Presi
Dental pet or to their own political pro-
spects.
Exceptions were taken to the rulings
of Judge Hubbard only in . single in
stance, and then BY the plaintiffs coun-
sci. The opening argument vas made
by Mr.. Martin and was fair effort,
though it fell below the mark We had
made for him. We had anticipated .
special display of legal text argument.
but were disappointed. D. H. Emery
Of Montezuma followed in reply in !
briet speech, in which the points were
good and xell put, and then gave way
to G. II. Shays, Esq, Of Newtoo, who
was to sum up the entire case for the
defence.-The points presented by him
give the very core, the marrow Of the
lega, Questions involved. They we're
the following:
/. The Governor is comm ander.in
chief Of the State Militia.
2. It is his duty to see thst the laws
are executed.
3. He has the right to call out the
militia when he deems it expedient.
4. He is the sole Judge Of the ex.
pediency Of doing this, and is not smen.
able to any man or men for an error Of
judgment in this matter.
s The defendants were liable to do
military duty, and we're called out BY
the Governor hence were compelled
to obey. They were also under obi.
CATION to obey every order Of their
superior officer, the Governor.
8. They ~ere fully protected BY the
orders Of thei, superior officer in MI that
they did unless they transcended these
orders willfully and corruptly.
I. Did they 50 transcend their orders
or did they do nothing more than wss
necessary to obey them?
BY the just decision Of the court, the
Attorney could not discuss the loyalty
"r disioyalty of the plaintiff and conee
qnently could not flay him alive, (for
which this gentleman has rare qualii-
cations.) and he accordingly confined
himself rigidly, to the 'law and the
testimony" Hs reviewed every point
made By his opponent and answered it
triumphantly. The argument Was clear
and conclusive, and his shrewd "hits"
elected the frequent applause. in which,
some supposed, even the Sheriff joined.
If any had thought that 40 attorney OF
greater experience would be preferable
the argument dissipated the idea. He
has won for himself the unanimous vote
OF his auditors, - one IN the front rank
Of the Iowa bar.
Mr.. Murphy Of Msrengo closed the
argument for the plaintiff and fol- below
hie usual standard.
The jury was out about a hour and
three quarters, and returned verdict
for the defendants.
Several Of the members Of Cspt.
Carrenter's pretended company" (as
it Was styled 10 the Governors official
orders) intended to follow up this case
BY others, tor guns, corn, enforced labor
&c. &c.. but this will probably be en-.
tirely satisfactory.
Yours trnl.',
Grinnell, Sept. 26, 1866. T.
Washington. Sept. II.
The Extra Bounties-Why they are
not Paid As the Democratic pa.
pers throughout the country. promDted