The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-11-03
LEGAL TlLTS.
A Great Battle Fought in the
Iams Case.
THE COMMONWEALTH WINS,
The Court Room Crowded with Inter-
ested National Guardsmen,

Judge Porter Denies the No Jurisdio-
tion Plea set Up by the Military on
cers-Must stand Trial-The Jury FL.
naliy Sworn and Young Iams Begins to
Tell His story.
PITTsBURa, Oct. 29.-Judge Porter
yesterday refused the plea of no juris-
diction in the cases against the officers
Of the Tenth regiment, brought by ex-
Private Iams. This conclusion was not
arrived at until one of the most interest.
ing legal battles in the history of the
Allegheny county courts had been
fought.
There were present beside the defend.
ants and counsel large crowd, among
whom were General Fitzhugh, Captain
Hunt, General Pearson, Colonel McKib.
ben, General Wiley, Colonel Hulings
and Colonel Smith.
The defendants perfected their special
plea, and then Mr.. Iams moved to strike
out the special pleas for the reason that
they were merely pleas in justification
Of the offense charged, and the general
Issue of not guilty should be pleaded,
The defendants asked that the COM
monwealth answer the special pleas, but
Mr.. Iams asked for the motion to strike
off the special pleas and this the court
decided to do. and Mr.. lams proceeded
TO argue the question.
Judge Porter-We are not prepared to
say that because a man belongs to the
national guard he is outside the jurisdic-
ton Of this or any other court of this
state. If military commander exceeds
his duty or goes beyond his authority he
Is amenable in the civil courts for the
results of such acts. The court will
never permit jury to decide question
Of jurisdiction.
The commonwealth filed its replica
tion to the special pleas and denied in
specific terms the legal existence of the
national guard, and stated said organiza-
tion was an illegal body. All the facts
set forth in the special plea were spe.
officially denied.
Judge Porter denied the motion to
strike off, but entered Judgment in
favor of the commonwealth on the special
plea and the replication filed, and Or
dered said defendants to answer over.
The battle so far has been a legal one
and the commonwealth has been vic.
torious in all the engagements.
The severance of the defendants was
asked for and denied by the court, but
the court said they might choose whether
they would try the two cases together or
pot. 1t was decided to try both cases
together. The jury was finally sworn
and the defendants entered the formal
plea of not guilty.
John D. Watson, Esq, opened for the
commonwealth. He stated the facts
the commonwealth expected to prove.
He made a strong presentation of the
pase and graphically described the pun
shment inflicted on Iams. He told of
his sufferings and drew a strong picture
pf the torture Iams suffered, and men
toned every incident up to the time he
was drummed out of camp. His open
Ing occupied about forty minutes and
was intently listened to, and it was very
favorably received, and it is rarely that
there has been better presentation of a
case.
W. L. Iams, the prosecutor, was then
placed on the stand. He was very cool,
Apd said he was 10 years old on July 90,
1899. He was near Swissvale with Com
pany K, of the Tenth regiment, N. G,
P. The trouble at Homestead called
put his regiment. Colonel Hawkins
hnd Lieutenant Colonel Streator were in
command.
The case was then adjourned,