The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-07-21

decision was printed In full in this paper
n few days ago In this case. which was
remarkably similar to that of the ray
Tor affair, the soldier who shot Durham
WAS held guitless. After discussing the
Pennsylvania case at length. Judge In
gram applies the law to the Manchester
happening. He says:
Such is the law as laid down by the
highest court of Pennsylvania, Ihe same
law obtains In Virginia BY virtue not only
Of the statutory declarations OF our state
Legislature In It's CoCe, to which nave
alluded but because 1t was the law at
common law, and in no way does section
L, OF our Bill OF Rights change it.
"The militia OF Virginia are part ot
our system Of state government as much
so as you are. or this court u.s. ana are
equally entitled to the protection OF Its
laws. They we're called out over here
by the Governor. at the request Oh the
and Ills was the discretion, ana serious
and important one 1t was. and 1t doe
not come within your privileges or TN
courts to censure him for It, The pre-
sumption is that he acted wisely with thf
lights before him. And IL he fhoush'
that the public peace required II. It was
his duty to act. regardless or "hom IL
pleased or whom 1t offended.
IAN ounce of prevention Is worth
pound OF cure In preserving the peace o.
his Commonwealth and city. Both the
MAYOR and the sheriff on the I'd OF July
gave explicit orders to Colonel Ieors'
Wayne Anderson. commanding the troop
N the field. not only to protect the prop
erty Of the Virginia Passenger and Power
Company, but he was expressly ordered
10 dispense all crowds and mobs on ms
thoroughfares and to arrest all person.
refusing to withdraw therefrom. as We!
Is all persons guilty Of any oreach OF the
oeace. violence. assault. destruction o.
property, violent or abusive language cal.
eulated to cause a breach OF the peace
md generally 10 use suur measures "a
nay be necessary to protect lie anr
y,roperty and to preserve the peace am
lightly OF the Commonwealth In the city
)! Manchester and county OF chester
The colonel commanding issued orders
which applied to Manchester, as we'll a.
Richmond in regard to firing and uaakint
arrests, which orders will be produced
before you. They were full and clear
The State Law.
In this connection desire to state to
YOU that by section 3a3. acts of Assembly
Isss-looo. CHI li31, approved March Z, 1900
Il is provided that, THE Virginia volun
teers shall in addition to the provisions
OF this chapter. be governed by SUCH ar
ticles OF war as may be In force for tbs
government OF tho army or the navy o
the United States. and as may be des1g
mated by the Governor in general orders.
and also by such regulations issued b.!
the COMMUNICATIVE as shall not be ~
conflict with the laws Of the State. and OF
the United States"
And Mr.. Justice Brown said in the ca
of the United States VS.. Clark. 81. Fed
eral Reporter, p. 7l3, THE articles OF Wai
are. in fact, military code OF draconic
severity and authorize harsh punish
ments for offenses which seem to be OF
trivial nature.
Thus by the articles of war all the fol.
lowing crimes are punishable by death or
such other punishment as cours>martial
may direct: Striking superior officer;
drawing or lifting up weapon or offer
ing violence against. or dlsobeying any
lawful command.
Tho evidence In this case and all OF It.
should be carefully considered BY you IN
the light OF the common and statue law,
which I have stated to you Tor your
guidance and control. And 1t Is for you
to say whether or not in this case you
will present or indct.
Put yourselves in the place of the mill
tia called out as they We're, to suppress
violence and preserve the peace of this
city, and say whether they acted as
reasonable men would have done with
such orders, general or special, in the In
terest of peace and to put down riot!ng In
firing upon a nescap!ng prisoner charged
with disorderly conduct. along with three
others as the evidence will appear to YOU
In conclusion, gentlemen. remember the
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