Year: 1866

Z a court martial mas Deen slttlue III
Charleston, 8. c., for some weeks, en-
gagged in the trial Of Francis G. Showers,
citizen, charged with the murder of
three Federal soldiers on the Sth of Octo-
ber last The Charleston Courier pub
fishes the speech of the Hon. Armstead
Burt, one of the counsel for the accused,
delivered in his defense on the 23d ult
Mr.. Burt commenced his remarks by a
manly and eloquent, though respectful,
protest against the mode of trial, as
follows


May ii please the Court:


Twill not dissemble by attempting to
conceal the concern and embarrassment
which feel on this occasion, and which
depress me in the presence of this court
The anomalous character of the court, its
forms of procedure trammel and embar-
rass me- l feel painful consciousness
that / stand in the presence of a Military
Court, organized for the administration
of Martial Lava court whose members
are strangers alike to the witnesses, the
accused, and his counsel "a court the
most of whose members were born and
trained TO the profession of arms, men in
authority having soldiers under them.
| The whole paraphernalia of the court are
exciting and embarrassing. Instead of
the scales of justice l see displayed be-
fore me the sword = instead of the en-
blems of peace, l see before me and
around me the heavy harness and the
cleaning weapons Of war.


Instead of hall dedicated to justice,
find myself standing in a military
camp, hundreds of miles from the scene
of the alleged crime and from the home
of the accused, and that camp filled with
the stern, strong men Of war. cannot
shut out the consciousness, would to God
there was nothing to force upon me the
unbidden and unwelcome conviction that
this fearful trial, by the mandate of the
conqueror, is held in a conquered coun-
try and a captive city. / wish ! could
forget what | humbly trust this Court
may forget, that the victims of the i'm
puted murder were soldiers of the army
of the conqueror, wearing his uniform,
bearing his arms, and following his flag


Whilst | feel the most unfeigned and
profound respect for this Court, and for
every member of the Court, whilst have
an unaffected confidence in their purity
justice and magnanimity, hope to be
pardoned for craving with all the earn
estness of my nature, instead of that
glorious old institution, the noblest of all
Americans. the safeguard of human life,
and the palladium of personal liberty, the
trial by jury as it is known to the COM
mon law of England and the Constitution
of the United States


IL there be any case in which the trial
by jury, always of inestimable value to
the rights of the accused and to the cause
of truth and justice, is especially appro-
pirate and indispensable, the nature and
the circumstances of this case define 1t
to be one of that character. The chief
and striking excellence of this trial con-
sists in the knowledge of the parties and
their witnesses by the jury, and in their
peculiar and admirable aptness and fit
ness to determine the credlbility OF wit
nesses, and to elicit truth from conflict
ing testimony. They are familiar with
the habits, customs and usages OF
the community in which they live
they are concerned to uphold the
majesty of the law by the punishment
of crime, and their verdict is the
voice of reason responding calmly, but
firmly to evidence. fnd additional
cause of regret that this time-honored
trial by good men aud true Of the vicin-
age-the peers of the accused--is denied
to him, in the fact, that peace aud order
reign throughout the country, the Courts
are open, law is enforced, and justice ad-
ministered in every District in the State
in the city in which this uncongenial
Military Commission, with all its mill
tary appliances and surroundings, now
sits to administer a novel and unfamiliar
lava law which derives its existence
not from the people, not from the Consti-
tuition, but law which finds its origin
and lie definition in the mere will of mil
itary power.