The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-05-09
\ New War.

\ New War.
We referred recently TO F." retnarkao'c III
dictmcnt which had just been found by
,rand irrv in a court in West Virginia
namely. the indictment Of Federal soldier
for murder: the murder consisting OF
r;l,inc which he claimed TO have done IN
fhe discharge OF his duty as soldier. (ih's'
however, is dcnicd.) The New York her
aid of Monday contains long and h'si'lF-
interesting history OF this AFFAIR." from
which it would appear that the war
Of thc "rcbclion is about 10 "'
renewed In Marion county,, INC S''"'
., Che indictment. II the case goes on
:, NIL, raise new questions rs TO the ris"'
NJ the Federal Government 10 '"'o'''',
with the course Of Justice IN the Se'',"'
s.s,rs: for even if this he rerSecu''''' '''
,o,;,;ca, or partisan reasons. ana 'h're'o'e
to.,,,v uriuStitiah'c, il is nevertheless W
,,o,,,i .hc constitutional power OF the s cue
-, Government 10 Surerintcnd the State
,,o,,r,s and tell them whom 10 Try ana
whom 10 discharge from custody. Ii "o"i"
~, strange commentary upon the inah!il'v
y, ,hc Electoral Commission TO correct the
CROSSES, frauds in the presidential election
IN the States for The Supreme Court OF inc
United States to assert its claim 10 Il r'En'
:, s,rcrv;sc the courts o! justice Of all the
States in the Union.
The West Virginia case is tins:
.Iamcs T. Ice was noted during inc "al
on,rcrhrad in active though secret SYM
n.,hv with the Confederate forces. For 'h'S
t,nsnn Major Showatur, officer IN command
NJ retachmcnt Of the sixth " est virginia
,.o,,,r-cn,s. stationed at Grafton ordered
h;r, arrested. This order was issued
trrourh Lieutenant Freeman. ana was exc,
cuicd lv TWO -prirateS. Thompson anu
watson. The arrest Of Ice took rnt'
II his field. or the 18th OF June iHu7'
Thrrc WAS no h.oodshcd or resistance. nc
Lieutenant prisoner, and two Soio'e's "eie
nc;.hborS. ali living within an area o! 't'ie'
or toar miles. in the vicinity Of tar'hlhS'"lI'
Marion county. The prisoner Was coH'
,uctr,i Ia the house OF Lieutenant Freeman,
where the four G;nrd together and talked
o.n- trr CHARGES against Mr. Ice. After
this conversation the Lieutenant permitted
,le prisoner 10 go free hut for some Unac'
corin;ahle reason almost immediately AFTER
w,r,i ordered his rt;irre>t. Thompson was
detailed 10 ccrioTm this service. and II
dong so he killed hi> man. who refused &c
h,lr. hut fed when ordered 10 stand. W ri
son. the other soldier. testified before INC
s-rcDd irI'y that he overlook Thompson IL
timr 10 see him fire the shot WDlch kl!eo
Ice. THOMPSON admits the shooting, AMI
pleads justification under the head OF obe'
dience TO military orders.
Evidence having lately been discovered
that this killing WAS prcmed;'a,ed. fHoMFSoS
was indicted for murder. and was arrested
and held to bail. \ woman was involved
in the affair. one HENDERSON STUEM wrote
to FREEMAN nov dead to have ICE killed
As an enemy to the Union, his real motive
bcirr, however. that Ice was rival OF bis
THOMPSON. II must DO said, WAS arrested
wears ago and taken before Justice, who
discharged h;m-which discharge. however
could not prevent his Indictment.
The worst feature Of the affair is the IN.
tense bitterness OF feeling that has been
aroused between the old soldiers OF the two
armies, the people OF that region being
pretty equally divided in their Sympathies.
The eX-seldiers OF the Federal army have
arranged Tor an encampment Of two days al
Fairmont, where the Indictment was found
General KELLY, who had control or the
Federal forces in Northwest Virginia during
the war, has declared his intention to pro-
feet the soldiers OF his old command at al
hazards" by force, il necessary This
is q serious threat. 1t is ttat q United States
military officer will overawe the courts OF {
sovereign State. This will never Go. Whether
the prosecution OF THOMPSON be lustifiaI
bic or unjustifabe; whether Ice was law
fully or un!awiully killed; General NELLY
certainly has no right to Interfere in the
matter. And If the court at Fairmont does
its duty, KELLY will see the inside Of iai
very soon after he reaches that place.
These troubles are to be deprecated. L
we had our way, THOMPSON would at once
be discharged. We do not think it wise *
REOPEN the wounds OF the war. feverthe
less. when it comes to Federal interference
with the courts Of q Statc-whether the In
reference be by General KELLY or Judg'
BOND or UNDERwOoD-we shall Away
espouse the cause OF the State. 1t were
heinous crime to punish a soldier for obey
ing the orders OF his superior o!hcer, ut l
denied that THOMPSON acted under orders,
but it were a much greater crime agains
liberty and humanity to allow the myrmi
dons of the administration at Washington
TO oversee the courts OF the several States.
r,l.J y III,