Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-10-28
REDRESS FOR IAMS.
Suit Against the Militia Officers
in Progress.
PRELUs1vE sKIRMIsH OF LAWYERS.

Claims Made by the Prosecution That
Would Leave the Keystone National
Guard Very Much Dishgured, Hardly in
the Ring, in Fact-The Judge With
holds Opinion-Home.tesd People
Conclude That Violence Must Emigrats
-Incendiary Talk bya Lawyer.
PITTsBURG, Oct. 2.-The case against
Colonel Alexander Haw kins, COLONEL. B. r.
Streator and Assistant Surgeon w. 5. Grim,
Of the Tenth regiment, for tying Private
W. L. Iams up by the thumbs at Home
stead, was called for trial before Judge
Porter yesterday. The court room was
crowded, the majority of those present be
ing national guarismen. Private Iams
was the target for all eyes He sat behind
his counsel, and did not appear to notice
the crowd. At the opening of the case the
defense moved to quash the indictment on
the ground that the civil courts had no ju-
risdiction, the alleged offense having been
committed when the guard was on active
duty, and if the private prosecutor had any
grievance he had a tribunal to appeal to
which was created by the National guard
act of 1887 establishing courts martial
Arguments of Counsel.
Exhaustive arguments were made on
this question by both sides The defense
claimed that the guard was on duty sup
pressing an insurrection, and in the pun
ishment of urutiny, which they held Iams'
offense to be. the officers of the Tenth regi-
ment were justified in acting as they did.
II the punishment was irregular or too Sc
we're then, it was maintained, a court-mar-
tial and not civil court would have been
the proper tribunal to appeal to. The pros
cution held that military regulations gave
the officers no right to infict punishment
without a court-martial so ordered it. At
torney Watson attacked the legal existence
of the Matte al guard, stating that the act
creating it was unconstitutional. because
it puts the guard under control of its Off
GERS instead 4 under the governor Of the
state,
Denounced the Militia Act.
The act he branded as a weak, vicious
and revolutionary law, and the men who
framed it. if they knew what they were DO
ing, were guilty OF treason. He said that
If the court held it had no jurisdiction in
The case it would be establishing a prece-
dent not heretofore established by any
court in the civilized world The defense
in reply said a court-martial was the
proper tribunal, and the question narrowed
down to this: Could the court-nartial in
fict a punishment similar to that a civil
court is empowered to do in such easel
court is that a court martial convened now
in time of peace could only infiict military
punishment. 1t would not have the power
to punish as would civil courts.
Raised Another Legal Question.
Attorney Wright raised the question of
the legal right of the national guard to be
at Homestead. To aid civil authorities in
maintaining the peace the governor has the
power to call upon the national guard to
resist an invasion, suppress riot or insur-
rection, but is not given the power express
IL to call them out to aid the civil authori-
ties in maintaining the peace, for which
purpose they were ordered to Homestead
Instead of sending the national guard,
Watson said, the governor should have sent
the sheriff. Another point the prosecution
will attempt to show is that Private Iarns
was not legally enlisted. He entered the
guard before he was is years old, without
the consent of his parents, as is required by
law. Judge Porter instructed the attorneys
to have Their pleadings ready this morning,
when the court will pass upon the question
y iurisdiction