The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-15
act unless he becomes disqualified by law. or

Section 10, same act. ordains: That the .t
term q service ,S of members o. tie special mill
they were mustered into the service
1t having been proven that the accused was
his command were duly mustered into the ser
vice of the state. and not mustered out.
as is REQUIRED. It follows that this violent rpp-
the. attitude which he and his command now
maintain toward the authority Of the State is
mutinous In the highest degree.
That nothing should be wanting to complete
the concatenation of evidence, and prove that
his act was indeed overt. the aecused-as has
been shown. openly refused to obey lawful
command OF his superior officer and imme-
diate commnnder, issned after tho meeting re,
unveils the spirit which characterized his sub
seqllent act.
But there Is no need in the Instance OF calling
De Hart. practice OF Courts- Martial page 34o):
In prosecutions for consplraciea. 1t Is an es-
tablished fact that when several persons are
proved to have combined toge'h her for the same
illegal purpose. any act done by one OF the par
ty, IN pursuance OF the original concerted plan
ana WIZ reference e ,he mmon Hoeet u.s. IN
fore. the proof Of the net viii be- evidence
the Same general conspiracy, without regard to
tho question as to whether or not the prisoner
Is proved to have been concerned In tho particu-
lar transaction for 1t Is evidence as acts con-
nected with. or In conformity with. his own
acts.
Therefore. on the trial OF n charge Of mutIny
against several persons. In assent bling unaw-
or discomfort the material poinb for the con
sideratiOn OF tho court are. the x neral charac.
ter and Intentions Of tho assembly and tn, rnr-
ticular case Of the defendant as connected with
that general character,
Here rests the question. That there has been
great injury done the military service o. the
State, there cannot be II doubt The mi litmrv
laws have been op My set at defiance. duly
audi hr1 pift Antt y ~
and now declares Itself free from allegiance to
the State as portion ofitsn armed force refusing
| to recognize the lawful authority appointet. or
the pecret meetines which led to this. The ac-
cused presided. OF the org nizaton now men
acing the discipline Of Lnnlsiana's forces, the
accused is in command. There Is nothing left
to T shy| aw ia exn,,cit and ,bon,a be enforced
| Although upon this war Scared land rests now
the welcome and long-sOngnt blessing Of peace,
| this crime is no loss to ba severely regarded.
cause OF the Injury by him done TO that upon
which the State depends for her preservat lon in
danger. No measure can bs too stringent "a
no pali ton can be offered for an act 80 tend
| ing TO overthrow or weaken the bulwark II
public safety. and the forces which preserve IT,.
| We're this crime to pass unnoticrd and nnpun.
| the entire forces Of tha common went ), they
seeing that an act which in the fold calls for TIL.
snpr,me sentence. T. now not cenSurnbIe' and
| | soemnly charge thia court to ponder well
the grave Interests OF the service. balanced
| against the crime 1t IL now to ia ge. recall to
| II the remembrance that LoulHinra's soldiers
have been her redemption fr IN chaos and are
now the sta'lnch support of her honor. Their
interest and her welfare hnvs been linked. aud
are together involv Tho ola adage w.
smith: In time Of rea q PROPRIETOR War y
| Peace, Ia only maintained ny fear 4 war, even
as Life IL guarded by fear Of ID ath. L. l's III.
ing his court shout stcrnlv vthdicate the laW,
| knowing ha If th'r. be no law hero Gun be
i sciplIna; no discipline. no army; no army
no STATED
Thereare many intriracins In this caee. many
| d lirate luesl IONS invo,vibg tn" fore 81 h.
| living law: many obstacles presented by i'm
per iert IeR lat on and tending to h mper tho
progress OF Justice | pause not ut III sa know
ing that in any doubt which may arine, this
| august EIibunal-ninaful Of its oaih-will bt
/ guided by ts conscience. the best ~ its under.
| standing, and the Gust IN Of war In like cases.
The prosecution being closed. tho accused
asked for delay In which to prepare his DE-
I nse. Tho court thereon adjourned until Fri
LAY, at 7 80 .. m. On that evening the defen' g
will be argued. and the Judge Advocate viii
submit the whole case for finding and sentence
/ on