Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-14
TRIAL OF 2. N. yERGER.
Plea of Jurisdiction Overruled by
the Judge Advocate.

ne PRESIDENT OF the Military C0mmiG
sion assembled at jackson received last
Thursday the following order:
HEADouARrERs 4TH MILITARY DISTRICT.
department Of MhsissIppi) 7
JACKSON, M Iss.. June 10, 1859. J
Brevet Major General r. s. Granger, Presi-
dent Military Commission
GESERAL--The Commanding General
directs that you set aside all business be-
fore the Commission, and take up the
case Of Z. M Yerger.
Very respectfully, your ob't sv't,
lSignedl JSo. EGAS, Abide Camp.
The following are the Commission:
Brevet Major General R. s. Granger,
1t Col 18th Infantry.
Brevet Brigadier General e. Swift,
Surgeon United States army.
Brevet It, Col. ]. s. Fletcher, jr.,
Captain l6 b Infantry
Breyet Mejor d. NJ Vance, Captain
10Th Infantry.
Captain H. A. Theaker, 10th Infantry.
Brevet Lieutenant Colonel Clayton
Hall, lst Lieutenant l6,h Infantry.
Brevet Lieutenant Colonel Lloyd
Wheaton, Captain U. s. A.
Brevet Captain Stephen X Mahon, lst
Lieutenant l6 h Infantry.
Brevet Msjor G. R. Layton, Captain
10th Infantry, Judge Advocate.
Messrs. W. P. Harris, Judge William
Harris and Fulton Anderson we're ad.
mitted as counsel for the defendant.
Judge Harris explained to the Com
mission the law of Mississippi in refer
ence to jurors, right of prisoners to chsl.
leBge, etc., and desired to PROFOUND to
each member ofthe Commission whether
or not he had formed or expressed an
opinion as to the guilt or innocence of
the prisoner
Judge Yerger here stated that it was
not the intention of counsel to make in
formal or captions objections, but to have
fair record of facts.
Mr.. Harris then objected to the Presi-
dent of the Commission, and to the whole
Commission.
The President replied that he could
object to only one member of the Com
mission at time, as by Directing to the
whole Commission, there would be no
one left to decide of the competency of
each separate member as required by the
rules governing Commissions of this
character.
Mr.. Harris then asked the President if
he had expressed or formed an opinion
on the guilt or innocence of the accused,
to which the President replied: "As
based on the limited evidence within my
reach, and the flying reports that have
come to my ear, have expressed an
opinion that the prisoner is guilty of the
charge preferred against him, but" Ito
question put by William Yerger) "that |
opinion is not so entertained as to dis
qualify me from giving fair and impair
tial Interpretation of the evidence that |
may be presented in this trial."
The President of the Com then |
retired Commission cleared, On re-l
opening the Commission the Judge Ad-
vocate announced that the President was
not disqualified.
The same question was propounded to |
each individual member of the Commits
sion, and no further objection was offered
10 members
The Commission being organized, the
defense put in a plea Directing to the
Jurisdiction of the Court,
The Judge Advocate cited the Recon-
struction Acts of March 2, 1867, and a
opinion of Attorney General
Hoar, in the case of the State of Texas
vs.. Weaver, as decisive of the question
Of Jurisdiction.
The charge Of murder was supported by
our specifications, giving the details of
he tragedy substantially as already pub
ished. The Commission then adjourned
or the day.
On Friday Messrs. 81. F. Simrall and
Thomas A. Marshall appeared, and were
Introduced to the Commission as counsel
or the defense.
The eligibility of the President to sit
n the trial was again discussed.
The Judge Advocate replied to Mr.
and argued that the local laws
f Mississippi had no bearing upon the
elton Of the Commission.
Upon re-appeariDg, the Judge Advo-
ate informed General Granger that the
Commission had sustained the objection
Gersd by counsel for defense, and be
ras declared ineligible TO a seat where
pom he withdrew, and General Swift, I
eing the next In rank, assumed the Pres
tents chair.
Judge Harris made an argument, de. I
ying the jurisdiction of the Commits a
ion.
On Saturday, the third day ofthe trial, v
Judge Advocate Layton replied to the 4
rgument of Judge Harris. ia which he s
enied the authority of civil courts to G
Ike cegnizsnce of crimes committed in
le unreeonstructed States, except at the
i'll of the Military Commission, in sup. =
ort of which he reviewed the third sec.
on Of the act of March 2, 1861. He .
so quoted the lats epiniSn Of the At q
rney General in the case of Weaver.
The Judge Advocate announced the :,
ea oyerruled, and the trial would pro- :.
sd. ,s
Upon the motion of Judge Harris, the \
commission adjourned until Monday y
orning, at 10 o'clock. y
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