Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1877-05-26
4 NEW WAR.

indictment which had Just been 1ound
by grand jury in court in West Vir-
ginia-namely, the indictment of Fed
eral soldier for murder; the murder
consisting of killing which he claimed
to have done in the discharge of his
duty as soldier. (This, however, is
denied.) The New York Herald of
Monday contains long and highly
interesting history of this affair, from
which it would appear that the war of
the rebellion is about to be renewed In
Marion county, the scene of the indiet-
ment. If the case goes on, it will raise
new questions as to the right OF the
Federal Government to interfere with
the course of justice in the several
States; for even if this be persecution
for political or partisan reasons, and
therefore totally uhjusti6able, it is new
ertheless beyond the constitutional pow
er of the Federal Government to super
intend the State courts, and tell them
whom to try and whom to discharge
from custody. 1t would be strange
commentary upon the inability of the
Electoral Commission TO correct the
grossest frauds in the presidential cleo
ton in the States for the Supreme
Court of the United States to assert its
claim to right to supervise the courts
of justice of all the States in the Union.
The West Virginia case is this:
"James Il. Ice was noted during the
war as copperhead in active though
secret sympathy with the Confederate
forces. For this reason Major Showal-
ter, officer in command of detachment
of the Sixth West Virginia volunteers,
stationed at Grafton, ordered him ar
rested. This order was issued through
Lieutenant Freeman, and was executed
by two privates, Thompson and Wat
son. The arrest of Ice took place in
his field, on the 18th of June, 1864.
There was no bloodshed or resistance.
The Lieutenant, prisoner, and two
soldiers were neighbors, all living with
in the area of three or four miles, in
the vicinity of Pennington, Marion
county. The prisoner was conducted
to the house of Lieutenant Freeman,
where the four dined together and
talked over the charges against Mr.. Ice.
After this conversation the Lieutenant
permitted the prisoner to go free, but
for some unaccountable reason almost
Immediately afterward ordered lis re-
arrest. Thompson was detailed to per
form this service, and in doing so he
killed his man, who refused to halt, but
| fled when ordered to stand. Watson,
the other soldier, testified before the
grand jury that he overlook Thompson
in time to see him fire the shot which
killed Ice. Thompson admits the shoot
lug, and pleads justification under the
head of obedience TO military orders.
Evidence having lately been discov-
cred that this killing was premeditated,
Thompson was indicted for murder,
and was arrested and held to bail. A
woman was involved in the affair. One
Henderson Sturm wrote to Freeman
(nOw dead) to have Ice killed as an
enemy to the Union, his real motive
being, however, that Ice was a rival OF
his. Thompson, it must be said, was
arrested years ago and taken before a
justice, who discharged him-which
discharge, however, could not prevent
his indictment.
The worst feature Of the affair is the
intense bitterness of feeling 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-solders Of the
Federal army have arranged for an
encampment of two days at Fairmoai.
General Kelly, who had control of the
Federal forces in Northwest Virginia
during the war, has declared his inten-
ton TO protect the soldiers of his com
mand at all hazards-"by force, if ne
cessary" This is a serious threat 1t is
that United States military officer will
overawe the courts of a sovereign State
This will never do. Whether the pros
ecution of Thompson be justifable or
unjustifable whether Ice was lawfully
or unlawfully killed General Kelly cer-
taiuly has no right TO interfere III the
matter. And if the court at Fairmont
does its duty, Kelly will see the Inside
OF Jail very soon after he reaches that
place -Richmond Dispatch.
MARYLAND CLAssIs.-The Maryland
Classis of the Reformed Church closed
its annual session at the Church of the
Incarnation, at Emmittsburg, Nd, Mon
day night the 9TH inst, the session hav
ing begun on the Thursday previous.
The body was composed of twenty -one
ministerial and as many more lay dele
gates. Rev. L. r. Eschbacb, of this
city, was elected President; Rev. S. S.
Miller of Boonsboro, Stated Clerk.
There are SO churches in the classis,
-. 1. Al.