The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1869-01-28

for him on the trial, or the lawyer niiAi'
self, and of several other witnesses, white
and black, who swore positively that they
were present and knew that McRae had
not risen from his seat from the time OF
ordering the committal until after the ia,
tai shot was fired, and that when he heard
the negro was killed, he expressed his re-
gret. ..s.~ co..
These afidayits i sent to General Sick
les and asked him if he could not take
bail to discharge McIlae on his parole. l
further asked that all the prisoners be
turned over to the civil authorities tor
trial. I had heard the Court Martial for
the trial of these prisoners was to sit here.
Fayetteville is so miles distant from this
CITY and no communication between the
two places by Railroad or steam, except
by way of Wilmington and Goidsboro, a
circuitous route more than 2Oo miles long.
/ asked, therefore, if he would not turn
over the prisoners to the civil Courts, as
it was probable thata vast number OF Wit
resses would be examined, that the Court
Martial should be- held in Fayetteville or
in Wilmington, rather than here. 1t was
known that the defendants could not pay
their witnesses, many of whom would
probably be unable to pay for their trans
portation and their expenses while here
Hc replied that the prisoners would be
tried before a Court Martial at Raleigh,
but that the Judge Advocate would be
directed to summon the witnesses for the
defence aud to give them transportation
to and from Raleigh.
The arrest was made on the 18th OF
NAV. All of them were confined at Fort
Macon till the Goth of July; brought on
that day to Raleigh to be tried before a
Court Martial, OF which General Arery
,cas Judge ADVOCATE. The Judge Advocate
had not made out and filed his charges
and specifications, and, not being ready
for trial, the Court adjourned from day to
day at his instance until the 22nd OF uly,
when the trial commenced.
Ou.the 2Sth Of July, the Judge Advo-
cate introduced the aforesaid woman, the
only witness against McRae. Nobody,
white or black, could be found to say she
was worthy to be believed. Her conduct
/ on the witness stand exhibited such mani
| fest willingness to pcrjure herself, that
General Avery relented and asked to with
draw her testimony and to enter mol.
pros as TO McRac, which was unanimously
granted by the Court, and he was dis
charged, after more than ten weeks i'm.
prisonment. 1t is proper TO add that l
am by informed McIiae, that Gen. Avery,
in the month of April previous to the ar
rest, had abused McRae for an official act
of the latter and, finding McRae would
not yield to his dictation, told McRae he
should suffer for it
The trial OF the other defendants termi-
mated about the middle of September in
conviction OF murder, after n sitting OF
mere than two months, at an enormous
and unnecessary expense to the govern
ment and the prisoners. II would be i'll
teres,ing 10 know the cost of these trials.
The Coart Martial adjudged hat the
prisoners should be hanged This SEN
tence, under the act Of Congress, could
not be executed without approval. 1t did
not GO before you, / presume, because
Gen. Candy committed it to fifteen years
Imprisonment at hard labor
Whether this finding VAS just or unjust
does not fall within the scope of this COM
municaton, and l have not examined the
annexed evidence save as | read it, as re-
ported for the newspapers as the trial
progressed understand it to have been
founded on the evidence of one Phillips,
whom the military. at one time, held un'
der arrest AS one of the murdcrers, who
procured his own release by turning
States evidence, and upon the evidence Of
other witnesses who swore they saw To-
lar shoot, the negro, while other witnesses
swore they saw Phillips shoot the negro.
The guilt or innocence of Tolar turned
entirely upon the credibility of the wit
nesses, which could have been best judg
ed of by an impartial jury of the coun
try.
If there was any evidence warranting
the conviction Of the other defendants il
escaped mo.
MORALS OF PUBLIC MEN.-A Boston
journal, the Commonwealth, makes the rath
er exaggerated statement that every after
noon after 3 o'clock some twelve TO fiftcer
United States Senators are so drunk that
they are unable to attend to business
The Washington correspondent of the
Missouri Democrat, also says that "tht