The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-11-04
FROM FORTRESS MONROE.
Some Excitement-ShOoting of n Soldier by "a
POlicemHn-The Jurisdiction of Civil and lIili-
tury Tribunals.

Some MISUNDERSTANDING of a Soldier by
POIicemHn-The JurisdictiOn of Civil and lIli-
tary Tribunals.
FORTRESS MONROE, Nov. 3.-Considerable
excitement was occasioned in Norfolk on Tues
day in judicial circles in relation to the trial of
George Scullatus, the policeman who some time
since shot soldier, one of the post guards, as
alleged in self-defense. The case was to come
up on Monday morning in the Corporation Court,
before Judge B. B. Foster, but an order from
General Candy to the post commander and G.
H. Porter, Commonwealth's attorney, to have
the prisoner tried by military commission put
q new face on the matter. The counsel for the
prisoner demanded that the trial should proceed,
but the attorney for the Commonwealth asked
that nolle prosequi might be entered The
prisoners counsel urged the right of their client
TO a trial, and that if the nolLe prOseq,d was
granted he should be discharged
The gentlemen then respectively made strong
appeals to the Court to disregard the order of
General Candy in the premises, quoting from
decisions rendered by Judge Chase to sustain
their point. The Commemorative attorney, on
the other hand, contended that The keconstruc-
ton acts were the law in Virginia until the State
is admitted by Congress; and that it was OPP
tional with General Canby whether the prisoner
should be tried by the civil or the military court.
After hearing the argument on both sides at
some length, Judge Foster remarked, that though
the inference was repugnant to his ideas of JUS
tice, at the same time he recognized the autho-
ritv of the military, denied the motion to enter a
noILe prOsequi, and ordered the Venire discharged
and further proceedings discontinued.
This is the first case that has been taken from
the civil courts to be tried by the military in
this vicinity and necessarily creates consider
able feeling among all parties; but as the offense
was committed against the military, General
Candy decides that it shall be tried by them.
The ConstitutiOnaIity of the Oyster Tax.
A movement has been inaugurated by the
oystermen in this vicinity, for the purpose of
testing the constitutlonality or legality of the
present oyster tax They claim that by the law
as il now stands, the oysters are taxed no less
than five different times. The oyster interest in
Virginia is a very large one, and although they
do not object to paying reasonable tax upon
these bivalyes, they think that forbearance has
ceased to be virtue, ana are going TO try and
remedy the matter.
The Dictator.
The United States monitor Dictator is still at
anchor in the Roads awaiting the arrival of the
steamer Triana from Washington, which, with
the steamer Periwinkle is to convey her out
The Triana is expected to arrive in day or
two when, If the weather is favorable, she will
proceed to Key West.
Wild Duck.
The bay Is literally covered with wild duck
and large locks of wild geese are passing south
ward, affording excellent sport for our sharp
shooters
Coast surveying.
The coast survey steamer Bobb, Captain Platt,
has gone to Norfolk to ft out for the winter
when she will proceed to Key West and operate
on the Florida Reefs'