The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-02-03

An Opinion Indicating that He II Not
Radical state's Rights Man.
Snacal 10 the IndiAnapoia Journal


An Opinion Indicating that He II Not
Radical state's Rights Man.
Special to the Indianapolis Journal
NASHVILLE. Tenn. Feb. 2.-In August.
1892 General Deputy Collector j. l.. Spur
Vile. found buried in the woods near the
residence of Andrew j. Patrick. in Lincoln
county. Tennessee. five barrels of apple
brandy, upon which tax had not been paid.
which he seized In accordance with United
States revenue laws Andrew j. Patrick
aad his brother, L. L. Patrick. were after
ward arrested for having concealed this
brandy with intent to defraud the United
States out of the tax thereon. During the
month of October following General Dep
uty Collector Spurrier received an an
onymous letter informing him that there
buried in the same neighborhood.
and telling him what route TO
take in order to meet the writer,
who promised to show him where the
on the day designated by the writer, Mr..
Spurrier secured assistance and proceeded
to the place designated In the letter on the
day following. but failed to lind either
brandy or lnformeE. Shortly after this Mr.
Spurrier received another anonymous let
ter purporting to come from the same
party, who excused himself for not appear
ing on the former visit, and askin Q that the
revenue officers again visit the place PROM
ising this time to show them where tho
was not right Mr.. Spurrler secured the
assistance of General Deputy Collector S.
Creed Cardwell. of the revenue agents
Office. S. ID. Mather, division deputy col
lector. and Deputy Marshals J. Z. Pulver
and f. 5. Robertson. and S. ID. Har-
ris. and proceeded to the place designated
by the writer. AS they proceeded along
the road through the dense woods, they
were fired upon from behind a large fall len
tree. s. y. Mather, j. l.. Spurrier and ;.
Creed Card we'll being shot from their
horses killing Mather instantly and severe
ly wounding Cardwell aud Spurrier. the
former living only few hours and the lat
ter dying at the end of the twentieth day.
Three men-A. ). Patrick, James Epps aud
Morgan Petty-were arrested. charged
with the murder; they were indicted by
the United States grand jury and bond
fixed by the United States District Judge
States District Attorney John Ruhm deter
mined To make an effort to have the de-
PENDANTS tried in the United States Circuit
Court for murder. He accordingly secured
such an indictment. to which tho de-
PENDANTS attorneys demurred, claiming
that the statutes providing for the trial
of murder In the United States
Court only applied to persons obstructing
or interfering with cltlZenS OI
the United States or their rights, as
sucb, and that the officers of the
law, In this case, must be considered
as such. and not as citizens of the United
States. and that the defendants must be
tried under laws providing for the punish
ment of those who interfere with revenue
officers in the discharge of their duties.
Judge jackson. of the United States Cir
Quit Court. rendered an elaborate decision
on the 1st instant. holding that the officers
as such, were citizens In the performance
of their duty, and that the United States
was bound to protect them In such rights.
This case is likely to be appealed to the
United States Supreme Court by the
defendants, and promises to become q
noted one. But the decision marks
quite q distinction between the rights
aud powers of the United States to
protect it's citizens and officials and that
of States rights, as would be interpreted
by many. ana Is warning to violaters In
the United States that the laws are to be
enforced.