The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-06-07
a CHARACEERIsr1C CASE.
Military Iurderers Exempt from
Funis lament in south Carolina.


A characteristic case of atrocity is report
ed from SpartanbuIg, =. c., to the Hous,
Committee on Military Affairs. A man by
the name of Hall, quiet, inoffensive farm
er, was reused from his bed at , o'clock one
morning last February by a squad of sol
diers under command of Lieut. Miller, o
the 18th United States infantry. This man
Hail. when he came TO his door, was shoi
dead by Corporal Davis, of Lieut. Miller,
command. A warrant was issued for Davis
arrest, but the officers of the regiment re
fused TO give him up. The following is the
affidavit OF the sheriff of the county where
the murder was committed:
STATE OF SOUTH CAROLINA,
COUNTY OF SPARTANBURG, s.
Before me- f. NJ Trummer, clerk of the
court of common pleas and general sessions
for the county aforesaid, personally appear
ed John Dewberry, sheriff of said county,
who, being duly sworn according 10 law,
! depOses and says, that on the oath day of
| February, 1876, Elijah Dill, trial justice in
and for said county, acting rs coroner, held
an inquest on the body of Henry b. Hall,
| deceased, and the jury impanneled at said in
quest rendered a verdict as follows. viz:
| That said Henry b. Hall came to his death
in his own yard, near his dwelling-house, in
the county Of Spartanburg, on the night Of
the 22d of February, 1876, by gun-shot
! through his body by soldier in the COM
mand OF Lieut.. Miller, and that the killing
was telOnious, and that on the oath day of
February, 1876, a warrant was issued by
Trial Justice Elijah Dill, acting as coroner,
for the arrest of said soldier and Others
charged with the killing of said Hall, which
was placed in the hands of deponent; that
he at once proceeded To the city of Greenville
in Greenville county, South Carolina, and
lodged the said warrant of arrest with Sheriff
Southern, of the county of Greenville, where
SAID soldier was at that time quartered; that
Sheriff Southern had the warrant counter
signed by the trial Justice of this county,
and that depOnent and sheriff then went to
where the soldier was quartered, for the pur-
pose of arresting said soldier; that not find
ing any commissioned officers present mt the
camp they went to Lieut. NIiller's boarding
house and informed him that they had a
warrant for the arrest of a soldier in his
command that he (Lieut. Miller) asked
Sheriff Southern to wait until 10 O'clock A.
NJ, OF that day, that he might have time to
confer with the major who was in command
of the post, Lieut.. Miller promising that he
and the major would meet the deponent and
Sheriff Southern ut the sheriff's Office at
the hour indicated, which they did that at
the interview held between deponent, Sher-
if Southern, Major Stewart and Lieut.
Miller, it was agreed that the arrest be fur
ther postponed until ? o. clock p. NJ. of that
day, Major Stewart promising to keep the
soldier secure from escape, and expressing
desire to put himself in communication
with Gen. Mcdowell in regard to the mat
ter; that late in the afternoon deponent and
Sheriff Southern again met Major Stuart
and inquired Of him if he had received any
dispatches from his superior officer, and his
reply was that he had not but showed us a
telegram that he had received from Hon. d.
l. Corbin, who, believe, is United States
District-Attoney, advising him to put the
soldier under arrest in the guard-hOuse and
keep him there till the matter could be in
vestigated, and Major Stuart upon being
asked by Sheriff Southern if he was
going to give the soldier up to the
civil authorities, replied: I have con-
cluded to retain him in my custody" or
in the guard-house, or words to that effect
that deponent and Major Stuart then went to
the office of the circuit court solicitor, Mr.
Blythe, i'll order to get his opinion as to the
matter of jurisdiction in such cases, and the
solicitor gave il rs his opinion that if
Major Stuart would place the soldier under
arrest it would be right and proper and then
the solicitor cited a case decided by Chief
Justice Waite and Judge Bond in support
of his view of the case in question that
this deponent and Sheriff Southern, heiug
somewhat puzzled as to the proper mode of
procedure, and not knowing exactly as to
the correctness Of the opinion, then sought
counsel of the judge Of the circuit court, and
Sheriff Southern was advised by him TO let
the matter rest, the judge going on to say
that the soldier would be brought before
him in a few days on writ of
habeas corpus that since that time
February 26, 1876, deponent has re-
ceived letter from Lieut.. Miller asking him
to send him certified copies Of the proceed
ings before the coroners' inquest, he stating
that Judge Cook was very anxious to inves-
tigate the case during his term of court at
Greenvile; that deponent copied all the
papers and mailed them direct to Judge
Cook, and that has been the last deponent
has heard Of the matter that the warrant is
still in the hands Of Southern, and that if
the soldier has been arrested deponent has
not been informed of it.