The New York herald., 1868-08-20
WASHING cTON.
Trial Of the COlorcd zouaves for Shoot
ing Into a Crswd.
Petition ftr the Pardon of the Vic
Tins of Military Commissions.


nission PardoneA by tho President.
There are several murder cases pending before the
President in which the Executive clemency is
prayed for, wherein the military authorities have as
sumed jurisdiction lnd while the civil courts Of the
Southern States were open and competent to try the
issues of law and fact involved One Of the most re-
markable cases of this class is that of william J..
Tolar, Thomas Powers and David watkins, found
guilty ana sentenced to be hung by mill
tary commission at Raleigh, N. c., for the
alleged murder Of Archy Beebe, O negro. These
prisoners were arrested ana tried conformity with
Duncan @. McRae and Samuel Phillips as to whom
nolle proseQut was entered Phillips turning
States evidence, and It being decided by the military
commission that there was no evidence duplicating
McRae The facts OF the case, as admitted substan-
TALLY by prosecution and defence are that Sun
day evening, 10th OF February, 1867, respectable
young white girl, Miss Massey returning from
church to her home In the vicinity OF Fayette-
vile, N. c., was met In the suburbs
Of the town, assaulted, dragged from
the public highway and brutally outraged;
that on the same day one Archy Beebe, a colored
man, was arrested by the police OF Fayetteville
charged with the crime, and the next day was
brought before magistrates for preliminary exami-
nation. At that examination Beebe was fully ident-
fed by the oath OF the young lady upon whom the
assault had been committed and by other testimony,
and was by the magistrates committed to await
his trial at the next term OF the Superior Court
for Cumberland county. The report OF the
crime produced great Indignation in the
minds Of the people OF the community,
and large crowd, both white and colored, assem-
bled to hear the preliminary examination above
mentioned. After the examination the young lady
passed through the crowd from the court room to a
carriage, and handkerchief falling from her neck
revealed the marks OF the brutal clutch OF the raw
isher's fingers upon her throat, and thereat the
crowd, already excited, became furious with
indignation. The prisoner, brought out O
few moments after, was killed by pis-
tol shot fired from the midst OF the
crowd. Shortly after the defendants, Tolar ct al,
were arrested by order OF General Sckles then
manding the Second Military District and were in
July following tried before military commission as
already stated. A large number Of witnesses were
examined and the testimony generally was OF q
conflicting character, some Of the witnesses for the
swearing that Toar fred the shot and
that Powers and watkins Joined in the assault; on
the other hand q majority OF the witnesses for
the defence testified positively that they heard
the report Of the pistol and were looking at Toar
and saw that he not only did not fire the pistol but
that he had nothing to do with the attack Beebe
Some Of the witnesses swore unqualinedy that they
saw the shot fired by Phillips as to whom o noile
proseQm was entered as q reward for his turning
States evidence. From the weight OF testimony 1t
does not appear probable that either OF the parties
convicted, Tolar Powers and Watkins had anything
to do with the shooting; but 1t does appear that
Phillips, who was acquitted, probably fred the ps-
tOl. Three members NJ tho rou,rrses'o- ---~--
mended Powers and watkins to Executive Gle.
mency.
The Judge Advocate Of the Second District, upon
review OF the case recommends that the death SEN
tences be mitigated to imprisonment for twenty
years. General Candy directed that the accused be
imprisoned In Fort Macon for fifteen years, and
they are now executing that sentence In that
prison. The Judge Advocate Of the Second
District, in reviewing the case, says that
while the brutal outrage committed by Beebe
was not legal palliation OF the murder
of which may have been the exciting cause, yet It
is competent and reasonable for the reviewing au-
thority to consider three facts in determining the
character Of punishment that shall be indicted upon
the prisoners
Ten thousand Of the most respectable citizens
many Of them members OF the Masonic order In
North and South Carolina. joined by great many
ladies and colored persons, sent petitions to the
President to pardon the prisoners. They do not be-
lieve the accused guilty, and they say they know
Tolar TO be peaceable honest and moral-a highly
respectable Christian gentleman and near rela-
tive Of the outraged young lady; that Powers Is the
uncle of Miss Massey and her nearest male protector
her father being dead. And the petitioners argue
that even II the prisoners did shoot Beebe
they submit that the outrage committed upon
a highly respectable female, Q near relative,
was in itself 0 circumstance which should
mitigate the punishment OF the accused, who
have already been In prison over o year.
That the negro Beebe was guilty Of the outrage Ia
admitted by all, and he received punishment for
his brutal act the penalty provided by law-death.
And the only objection to that result Ia found In the
mode by which 1t was accomplished. It is further
areued in behalf Of the defendants that
there was no reasonable ground for the inter-
position Of the military court that the re-
spectable ofncer Of the United States army
has ever ntimated that justice has not been invar
ably administered fairly and impartially In the Su.
perior Court Of law, to which Beebe had been CON-
mtted TO answer and that In this the military
bv order Of General sickes thought proper to take
coqnizance before any civil court having power
or jurisdiction Of the alleged offence could act when,
too the jurisdiction Of civil courts had already at
tached nearly one month before the passage Of the
reconstructon acts, under which General Sickles
claimed to get his authority; and further that jury
OF the vicnage could have much better decided the
case than military commission composed Of stran-
GERS. In conclusion 1t ia argued that according TO
the showihg OF the testimony, as made by the MILL
tarv authorities themselves, this military court has
reversed the well settled rule Of criminal law
namely, that al doubts shall be resolved in favor Of
the prisoner.
Upon full consideration Of the case the President
to-day sent to the Secretary Of War the following
ORDER
The unexecuted portion Of the sentence IN each Of
the cases Of William J: TolaI, Thomas Powers and
November 1867, by Brevet Major General E. X. 8.
Canby while commanding the Second Military Dis
trict is hereby remitted and the Secretary Of War
viii issue the necessary orders for their release from
military Imprisonment. ANDREW JOHNSON.
Personal.
Chief Justice Chase has returned to washington
from Parkesburg
General Rawlings, who had severe attack Of
nemorrhage two or three days ago, has recovered