The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1869-06-17
Sd 90 PER YEAR


The President ofthe Commission then retired
Commission cleared. On re-opening the Com
mission the Judge Advocate announced that
the President was not disqualified.
The same question was prOpOunded 10 each
individual member Of the Commission, and no
farther objection was offered 20 members.
The Commission being nov organized, the
defense put in the following plea as TO the ju-
risdiction Of the Commission;
PLEA or JuRIsDIcTIoN.-Thc accused, T. M.
Yerger, objects to being arraigned and put
upon his trial by this Military Commission,
because as he insists and claims this Commits
sion has no jurisdiction under the Constitution
and laws Of the United States, 70 arraign and
try him for the ofense charged and alleged
against him; and assigns the following reason
and grounds Of mis- objection;
l. lie is n citizen Of the State Of Mississippi,
and is not now and has not been az any time
in the military or naval service Of the United
States. Nor is he now or has he ever been
connected with such military or naval service.
2. The crime charged against him, N COM
mitted at all, was committed in the county Of
Kinds, and State Of Mississippi and il an Of
tense against the CONSTITUTION and laws OF the
State Of Mississippi, and Is not a cause arising
IN the military or naval forces Of the United
States, or in the military in actual service
and he is only amenable 10 the laws, and sub
ject TO be tried under and by the Constitution
and laws Of the State Of Mississippi, and he
cannot be put upon his trial for the supposed
Silence, except upon presentment or indictment
by grand jury of the county in which the
cannot be tried except by jury chosen and
selected from the body of that county. accord
ing 10 the Constitution and laws OF the State
of Mississippi.
8. He insists and claims that under the Con-
stitution and laws Of the United States he can
not be placed upon his trial for the alleged
offence, hut upon Indictment or presentment
by grand jury, and that this comm ssi0n can
not try him but on such indictment or present.
ment and he objects TO arraignment and trial
by this Commission, because no indictment or
presentment for the ofense charged has been
fonnd against him by grand jury, ~ re-
CURED by the Constitution and laws Of the
United States.
The counsel for defense was allowed until
tomorrow az ten o'clock, A. NJ, 70 prepare an
argument on question Of jurisdiction.
Charges and specifications were then read 10
the prisoner, TO which he answered respective
ly, mot guilty
CHARGE AND SPECIFICATIONS PRETERHED
AGAINST EDWARD NJ. YERGER, CITIZEN:
Charge-Murder.
pecihcation-First--Inth this that he Edward
VI. leger citizen Of Kinds county, State Of
Mississippi, heretofore, to-wit ION the eighth
day Of June, in the year Of our Lord, eighteen
hundred and sixty-nine, at Kinds county, Ina
the State Of Mississippi, state in which no
legal State Government, or adequate protec-
ton for life OF property exists, and wherein
the Commanding Officer Of the Fourth Military
District comprising the State Of Mississippi
has for the punishment Of the disturbers OF the
public peace and criminals by virtue OF the
power conferred upon him by the Act Of Con-
gress, Of March second, eighteen hundred and
sixty-seyen, organized n Military Commission
for the trial of offenders, did in and upon Joseph
q. Crane, Captain Of Subsistence Department,
and Brevet Major Of the United States Army,
in the peace of God and Of the State Of Missis-
sippi, then and there being feloniously, will
fully and Of his malice aforethought, made an
assault, and that he the said Edward NJ. YER
ger, with certain knife which he the said
Edward NJ. Nerger in his right hand then and
there held, the said Joseph g. Crane In and
n Ia aEh i'm In said ftsrshf
Crane, then and there feloniOusly, willfully
and Of malice afOrethought, did strike thrust
giving TO the said Joseph q. Crane, then and
there with the knife aforesaid, in and upon the
left side of the said Joseph @. Crane one NOR
tai wound, Of which said mortal wound, the
said Joseph G.. Crane, then nd there instantly
died. And the said Edward NJ. Nerger
him the said Joseph G.. Crane in manner and
form aforesaid, feloniously, willfully and OF
his malice aforethought did kill and murder
against the peace and dignity Of the said State
Of Mississippi.
Specihca lion ccond--Tn this that be, Ed
ward NJ. Yerger, citizen of Kinds county in
the State Of Mississippi, heretofore, to-wit: on
the eighth day Of June, in the year Of our
Lord, eighteen hundred and sixty-nine, at
Kinds county, in the State Of Mississippi, n
State in which no legal State Government or
adequate protection for life or property exists,
and wherein the Commanding Officer Of the
Fourth Military District, comprising the State
Of Mississippi has for the punishment Of the
disturbers of the public peace and criminals,
the act Of Congress of March second, eighteen
hundred and sixty-seven organized "A Military
Commission for fine trial of offenders; did IN
and upon Joseph q. Crane, Captain OF Sub
sistenee Department, and Breyet Major Of the
United States Army, then and there being fe-
loniously and willfully, and malice atore-
thought, make an assault, and that he the said
Edward Nj. 1erger, with n certain knife which
he the said Edward NJ. Yerger in his right
hand, then and there held, the said Joseph @
Crane, in and upon the left side Of him the
said Joseph G.. Crane then and there, fel0ni-
ously, willfully and OF his malice aforethought,
did strike and thrust, giving TO the said Joseph
| q. Crane, then and there with the knife afore-
said, in and upon the left side of him, the said
Joseph q. Crane one mortal wound, Of which
/ said mortal wound, he the said Joseph q
| Crane, then and there instantly died. And 20
the said Edward NJ lerger, him the said
Joseph q. Crane, in manner and form aiore-
/ said, felOniousy, willfully and Of his malice
aforethought did kill and murder.
Specification third.--In this, that he, Ed
ward NJ, Herger, citizen OF Kinds County, and
| State Of Mississippi heretofore, to-wt; on the
| oth day Of June, in the year Of our Lord, one
| thousand eight hundred and sixty-nine, in the
| City Of Jackson, Kinds County, State Of Mis-
sissippi, did, with knife, by him, the said
Edward NJ. Yerger, then and there had and
held, feloniously, wilfully, and Of his malice
/ afOrethought strike, thrust, stab, and cut JO-
| seph q. Crane, Captain Of the Subsistence De-
partment and Byt. Ma or Of the United States
Army, in said City of jackson, in the County
and State aforesaid, then and there being Ia
| and upon the left side Of the said Joseph q.
Crane, and in and upon the left breast Of him,
| the said Joseph G.. Crane, and in and upon the
back Of him, the said Joseph g. Crane, and
upon and through the left arm Of him. the said
Joseph q. Crane, and did, then and there, by
means Of said striking TRUSTING stabhingl
| and cutting, infict wounds upon him, the said
| Joseph G.. Crane, Of which said wounds he. the
| said Joseph q. Crane then and there instantly
died. And he, the said Edward NJ. Yerger,
him. the said Joseph G.. Crane in the manner
! anH farm aforpeaid felouiaualU HflfullW and
of his malice aforetbOught, did kill and murder.
Specification fourth.---In this, that he, Ed
ward NJ Yerger, citizen Of Kinds County, and
/ State of Mississippi. heretofore, tO-wit: on the
sth day of June, IN the year Of our Lord dpe
thousand eight hundred and sixty mine, In the
| City Of Jackson, Kinds County State Of Mis-
sissippi, did, with knife, feloniously, wilful-
! ly, and of his malice aforethOught, cut, stab,
and wound, Joseph G. Crane. Captain Of the
| Subsistence Department, and Byt. Major Of the
United States Army, and him, the said Joseph
| G.. Crane, feloniously, wilfully, and OF his mall
| ice aforeihOught, did kill and murder.
Commission adjourned until tomorrow
1 morning, at 10 o'clock.
SECOND DAY.
l. FRIDAY, June II, 1869.
Messrs. IT. F. simrall and Thomas A. Mar
| shall appeared, and were introduced 10 the
1 Commission as counsel for the defence
The eligibility Of the President 70 sit in the
trial, was again discussed. MIR. Thomas A
/ Marshall addressed the Commission upon the
! eligibility Of Jurors in Mississippi, arguing
\ that the same rules should govern the Commits
| sion.
The Judge Advocate replied 10 Mr.. Marshall
and argued that the local laws of Mississippi
! had no bearing upon the action ~ tie f0mmis.
sion, in support Of which opinion, he quoted
from several decisions Of Judge Holt, and
| others.
Commission adjourned to 3 clock, P.N
THREE O'CLOCK, p. N.
Commission met pursuant 10 adjournment
| when Judge Advocate asked tho President u
| be had formed his opinions Of the case frou
| hearing the facts from a competent witness, q
which the President replied, he had not.