Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-09
ARKANSAS.
The Last Of the sIilitIa in Crit
tenten.
The Trial and Release of Crump
HIS Character TriumphantIy
indicated.
A Sketch Ofthe Proceedings.

4 IL Will NC IEl4ElAOlACG ~d1L 1AAACL6 49,
many citizens whom the minions OF
| Gov. Clayton, (pretendirg to act under
| the sanctions and within the limits OF
martial law, but Ia fact rising NJ higher
ia the scale of legitimate authority than
suy other armed band OF ruffians,) ar
rested, was a young man by the name
of Grafton Crpmp. TIE valiant militia,
under the command of Col. z. ID. Main,
organized q military commission for the
cODviction Of the prisoner. Tais pro-
ceading excited justly the feSrs OF his
friends and aroused on his behalf the
general sympathy of the community
He was allowed, as 3 special boon, on
| the urgent solicitation of his friends, the
benefit OF counsel. The court was com
posed Of two ignorant Germans, as in
sensible to justice as they were stolid in
mind, and our quondsm Yankee bully,
the somewhat notorious Capt. Haynes.
The Judge Advocate, one Capt. Cook,
gave, in his intelligent and kindly fes-
lures, some hope that, SO far as he was
concerned, a air and legal trial hOGid
be accorded the accused. There was,
however, by some hocus-pocu=, not
at the request I've b~elieve) of the
Judge Advocate, assigned to him as adj
visiBg counsel, one Capt. De Witt S~teRrns,
DY z uCtlCA Vi "iAEiLlY JuAAc uuc1Ccg
supposed to be learned in the lsw-the
precise extent of which learning he
very speedily manifested. After an
awkward attempt at the inauguration of
the court, according to toe solemn forms
and military precision usual among rep
uteble and honorable soldiers, (Which,
however, would have excited the ridi-
cuIe Of regularly bred officers as a most
farcical imitatiOn,) the august tribunal
announced itself ready for business. 1u-
deed, the whole thing would have been
most comical if a human life had not
been at stake. The counsel for the ac-
cused at once i~nterpOsed q plea TO the
jurisdiction of the court. This produced
an adjournment for hat day. The next
day the COUNSEL Of tue Judge Advocate,
learned in the law, the said Capt. De-
Witt StesTns, read to the court q written
argument against the plea, in which he
quoted the deliverances Of the military
commission thai tried Mrs. Surrstt, a.
controlling authority, ana cOHteHGed that
q plea to the jurisdiction of q military
commission Gas an Insult to the court.
The counsel for the prisoner was not,
however, stunned by these novel views
Of the counsel learned in the law, and
insisted OF the plea, and demanded in
NLtlluSf OA DcAbli "a Lu5 pEt5JnGEf IudL
the Judge Advocate should deliver to the
court, when it closed for elaboration,
hts opinion in writing as to the validity
of the plea, and respectfully solicited
their attention to the Milligan and
Bowles cases, recently decided in the
Supreme Court Of the United States,
which are considered by the profession as
O%verturning totally the jurisdiction or
authority OF military courts in dealing
with the citizen for offenses against the
civil law. When the Court closed
for deliberstiJn, Notwithstanding the
argument Of his c.uassl, the ssid
S-esTns, TO tho contrary, the Judge
Advocate beiEy solicited for an
opinion by the President of the Court on
the point, gave 1t in writing that the plea
should prevail. This created quite a
c0mmotion, and resulted in terminating
abruptly the functions Of the Judge
Advocate, who WA r lieved for giving
his honest and sensible opinion, He
was ordered to leave the State; but this
expatrieiiol vas grsgiously revoked.
Many consultations were had az TO the
propriety and fsaSib&tY of excluding
from the record this opinion of Judge
Advocate Cook. But Cock was master OF
the situation He would know whether
they woul send up 8 true record if
they did not he would expose them.
They, howN9r, proceeded with the trial
sitter this, with q rather lsgsrd energy.
The counsel for the accused sent to little
Rock q messenger, with the papers pre-
pared to present the entire question as to
the legalit of these proceedings in the
Federal Court. This was a forum wher
Clayton did not like to have the question
presented. The suspension and dissolu-
ton OF tie miiitary court and the abro-
Of martial law followed in quick
succession, and young Crump was
reluctantly turned over to the civil
authorities. Ia this whole business of
the militia, We must say that the Judi
oiary o! the State of Arkansas exhibited
the greatest eoWafdi5e, end showed that
lbe present incumbents Of the Bench are
unworthy to wear thu ermjue. They
turned a deaf ear to the pleading citizen
seeking at their hands the writ of habeas
corpu2 for the protection of his life and
The last scene Ia this drama closed on
last Wednesday by the discharge of
young Crump on 0 full examination be-
fore 'Squires Hemphlll and Davis o.
Marion. So far from the Justices favor
the prisoner by giving to him the
Of a presumption in favor Of his
innocence, the trial seemed rather to be
conducted on the presumption Of his
guilt. Indeed, to Such extent was this
manifested, thst bis counsel implanted
Of it. The evidence introduced by the
State was direct, it is true, SO far as &C
the prisoner OF being present at
the murders charged in the warrant was
concerned. But it was in 50 many fea-
noa-H,J H- To- huolo hflsts,a anH in /
deed, in some Instances, hyeabsufdities
and Standardization, that the suspicion
of falsehood would attach to il instinc-
lively in any judicial mind.
AT its conclusion the counsel for
Crump, Judge T. w. Brown, of this
city, adverted briefly to these features of
the testimony and proposed that under
the peculiar circumstances Of the county
to the State and the Justices as
a compromise, that they accept
bail for the prisoner to appear at
the next term Of the Circuit Court in the
sum of $4,000, announcing that il these
terms were not accepted, he should put
evidence before the magistrates, con
ident Of establishing the innocence Of
his client beyond q persdventure, and
ia this event he shoIid demand his dis
charge, inRsmuch as he was unwilling |
that the accused should longer remain in
jsil, though entirely willing that he
should be put in such q bond as would
secure his appearance to answer any in
dictment that might be found. This
proposition, made with the view of re-
moving ell grounds Of complaint in the
premises n tia part Of partisan malig
was peremptoFily rejected by the
State. The counsel Tor the prisoner
then introduced the testimony OF q
number of witnesses, establishing an
aItH by q chain Of crcum-
stances, SO unbroken in all its LINKS, and
deposed to by such a class of witnesses, as
could leave in any reasonable mind, no
doubt So to the innocence OF the accused.
In fact it vas manifest chat the presence
of Crump st the ttkss sad places when
and where the murders were committed
vas impossible. The magistrates GOULD
not have done otherwise han discharge
him, unless they had been corrupt, or
base towards afraid to do their duty.
We had not intended to do more than
make q simple announcement of the re-
salt Of the examination, without details
or comment. But our attention WAS
called to q mischlevously partisan NOTICE
Of the affair in the Memphis Post, |
an insidiour, and, we think, a
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