The comet. [volume] (Jackson, Miss.) 1877-1882, 1879-06-14

To the Editor of the Herald
viii ycu please insert the following, from
the east Mississippi Times, published at
Starkville, Miss"
SOME STUNNING FACTS.
Since the killing of the unfortunate man,
Cavanah, near Vicksburg, and the clrcum-
stances were made known to the public,
there has lurked conviction IN the minds
of the people that there was some foul deal
ing from some quarter. The subJolned
letter explains itself, and will tend to con-
firm this conviction
v1oKsDURa, MISS May %, 1879.
.MR. ]. W. KERR, Crawfordyille, Miss
eDEAR S1R-Enclosed you will find copy
of verdict of jury of inquest IN case OF
VIM. b. Cavanah. You will see that the
verdict is based entirely upon the idea that
the "rules andregulations of the Peniten-
tlary" justified the guard in numbering a
convict who failed to halt at command, no
matter what were the facts in the case. L
know every member of the jury but one.
| The most intelligent man Oh it was here
yesterday, and he tells me that they were
governed in making up their verdict by the
rules of the Penteutiary In other words,
the killing was brutal outrage, and ex-
cited much indignation and feeling; and
the Penitentiary lessees used every effort to
get a Whitley washing verdict from the jury,
on the ground of some arbitrary rules or
regulations to shield themselves from pub
lie censure and clamor, and their guard
from prosecution for murder, by ignoring
the truth and full statement of facts, and
their personal presence, with active iniiu-
ence, to secure such results. The dead
man had no representatives the whole
arrangement was manipulated under the
personal supervision of one of the Peni-
Tertiary lessees and the jury composed of
good and fair men, completely hoodwinked
and misled on a side issue, nor regarding
especially the important fact that Cavanah,
at that time, was obeying the orders of the
superior officer of the guard, and was killed
for not hating when commanded 10y an in
ferior when he clearly did not hear the
command But even admitting all claimed,
the Superintendent or lessees of the Peni
tertiary have no right, either legal, human
or divine, to make rules or regulations to
authorize their guards to commit willful,
unnecessary murder of defenseless men,
under their charge 1t is their lawful duty
to project, and not to kill them : and they
are no more excusable for doing it than
other people or citizens, but less justiiable
and ought to be held to stricter account
If possible, the family of William Gavanah
ought to take this matter in hand and pros
ecute his murderer vigorously, both in JUS
tice to his memory and in vindication of
law and truth, but I presume they have
been already so depleted of means in his
former defense, that they may not be able
to do it. ~
An eyewitness informs us that the kill
ing amounted to but little less than brutal
murder; Cayanah, the unfortunate victim,
was obeying orders when shot dewn by the
guard. The Jury of inquest was organized,
white-wash the bloody affair, and the pub
lie in and about Vicksburg, who know all
of the circumstances, are dissatisfied with
the result of the scheme
The editor has been most grossly i'm
posed upon. The statement made by
the "eye witness" is not warranted by
the facts.
Having seen the above article and
some other comments in reference to
the killing of W. b. Cavanaugh by the
guard, have myself been to Warren
ton and made thorough investigation
into the whole affair. Every one I saw
and talked with, including five mem
bers of the Coroner's jury, and Mr..
Hutchinson, the Justice who held the
inquest justified the guard in firing
upon Cavanah. He (Cavanah) was adj
vancing towards the house in which
the arms were kept, when halted by
the guard. He was not "called," nor
was he "obeying' any orders. He
was halted three times, and had reach
ed nearly to the door, when the guard
fired. No man can tell what the result
might have been had Cavanah succeed
ed in arming himself. No one regret
ted the killing of Cavanah more than
myself ; that it was unavoidable, and
that he had determined to accomplish
his escape and that of others, there is
no question. He attempted this at the
risk of his life, and the result was
the consequence.
l talked with DR.. Hale, Mr. Good
rum, and several others, in fact, every
disinterested person I could see, that
knew anything of the circumstances,
and not single man expressed an
opinion that there had been 'foul
play" and the guard was not iustifia-
bic in shooting.
AS to the statement of this unknown
Ito mel correspondent of Mr.. J. w.
Kerr, they are entirely devoid of truth
so far as they relate i'll any manner to
myself. Why he should write such
pack of falsehoods [ am at loss to
know-it must have been to subsorvo
some mean and contemplate purpose.
Lhave no one to "shield," nor would /
do 50, if wrong had been done, and
crime committed in the killing of the
unfortunate man. This correspondent
stated what he knew to be an untruth
when he said the 'Penitentiary Lessees
used every effort to get whitc-wash
ing verdict" They did nothing of the
kind, nor anything that could be so
mistaken. The assertion is a bare.
bold faIsehood. The jury was in no
way manipulated or "hoodwinked. |
but rendered their verdict in.strict ac-
cordance with evidence and the law. |
They SO stated to me, and denounced I
as basely false the statement Of that 4
writer, JoNEs S. HAMnroS.
D7Inagogue.A ielder Of Tire people. especially