The morning news., 1899-04-07
is PLENTY OF PRECEDENT.
CIVIL COURTS HAVE AUTHORITY
TO TRY SOLDIERS.

| Articles of War Provide That
ORenSes such as Lieut.. Curry's May
BE Tried Either by CourtmartiaI
or by the CivII COdrts-Announce-
ment That Curry Is to BE Tried by
| the civil Courts Surprise Here.
Cnrry's Chances Before "A Court
martial for Acquittal Thought to
Have Been Better Than Before
Jury.
The announcement that Lieut. Frank y.
! Curry of the Third Georgia Regiment will
be tried by the civil courts, instead of by
courtmartial, created some surprise az
Savannah. As the killing was committed
here. the trial will necessarily take place
here also, unless a change of venue should
be secured by Lieut. Currys attorneys.
As both the victim and the slayer were
members OF the army, it was taken for
granted that the trial would be by court
martial Especially was it thought that
this would be the case for the reason that
il seemed more nke.y from what was
known Of the affair here that Lieut.. Curry
would stand much better chance OF ac-
Quittal before a courtmsrtial composed o.
officers. who might be more favOrably in
cliEed to him than would De the case
with jury Of private citizens. who have
nothing in common with the accused off,
Ger.
II is understood that che officers OF the
artillery regiment to which Private Leo
Reed Of Battery belonged regarded the
! killing as entirely unprOvoked and for
that reason were determined to push the
| charges against Lieut.. Curry. 1t may be
| that the war department has decided TO
/ throw the matter into the civil courts for
fear that some unpleasautness might arise
! between the regular and volunteer officers
should Lieut.. Curry be tried by a mixed
| courtmartial as would most likely have
been the case. The statement that this
| course was taken because of the scarcity
of officers in the department. of the Gulf
| may or may not be the true exclamation
Unless the officers of the volunteer regi-
ments which have been ordered mustered
out are ineligible to sit upon courtmartials
there would certainly be no difficulty i'm
securing a sufficient number of officers
at savannah during the next six weeks
or longer.
Inquiry among the attorneys of the city
developed the fact that there is amDla Dre-
this matter over to the civif authorities
While as rule matters Of this kind aris-
| ing where both parties to the difficulty are
members of the army are usually tried by
courtmartial. There is nothing, however
to prevent placing the matter in the hands
OF the civii authorities. In fact, the articles
of war provide that this may be done.
1t is hardly likely that the transfer to
the civil authorities was made at the re-
quest of Lieut.. Curry. Public opinion here
was very much exercised at the time of
the killing and the homicide was generally
condemned as unjustihable. There was di-
rect evidence to show that the officer was
intoxicated at the time, and that his action
in shooting at the fleeing private was has
ty to say the feast.
The killing occurred on the night of
Jan, TO- near the Pink Light saloon at the
gas house hill, about the toughest neigh
borhood in Savannah at that time. Lieut..
| Curry was on provost duty, and went into
the saloon. There were a number of sol
diers there drinking. Curry demanded their
passes, whereupon Reid. who was one OF
the party, darted out of the door of the
saloon and started to run The officer
dashed out after him, and as the man did
not halt, fired at him, the bali passing
through Reid's back, and inficting a NOR
tai wound, from which he died shortly
afterward.
The killing caused intense feeling among
the officers and men of the Second Artil
lery, to which Reid belonged, and they
were naturally inclined TO attribute some
thing of the officers readiness to shoo
: to the fact that he was a volunteer, while
Reid was a regular. 1t is not likely how
ever. that Lieut.. Curry knew when h'
fred the shot whether the mA% at whom
he was shooting was volunteer or reg
ular soldier
The affair was generally deplored by th'
officers and men of the Third Georgia, al
of whom spoke highly of Lieut. Curry.
1t is understood that Lieut.. Curry, who 4
now under military guard, win be helt
by the military authorities, when dis
charged from the service, and delivered
4 to the civil authorities.
The trial in the civil courts will entail
considerable expense upon Chatham coun
ty for which the government cannot b.
. held liable. There are a number of non
resident witnesses, both of the Thir,
: Georgia and other commands who vii
have to be brought here from distance
5 Some of these witnesses were very cage
h 10 have the opportunity of testifyini
e against Lieut.. Curry al one time. Other
1 are the friends of the officer.
. The trial can hardly take place at III
h present term of the court. When it doe
i take place II Is likely to prove of more in
e terest generally than any trial that ha
taken place in Chatham county in recen
; years.
|. MORE OFFICERS FOR MUSTER DUT'