DOCSLIB.ORG

Mllltary LAW Rlevlew VOL. 68

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Mllltary LAW Rlevlew VOL. 68 DEPAR'I'MENT OF THE ARh4Y PAMPHLET 27-1 00-68 MlllTARY LAW RlEVlEW VOL. 68 Articles IPREJUDICIAL JOINDER: THE CRAZY-QUILT WORLD OF SEVERANCES RElr'UFINfNG VETERANS' RIGHTS TO FRINGE BENEFITS AFTER FOSTER v, DRAVO CORPORATION Corn ment 'MtiLL. AND THE DEVIL': ANDERSONVILLE AND THE TRIAL OF CAPTAIN HENRY WIRZ, C.S.A., 1865 Boolcs Received HEADQUARTERS, DEPARTMENT OF THE ARMY SPRING 1975 MILITARY LAW REVIEW The Military Law Reuiew provides a forum for those interested in military law to share the product of their experience and research. Articles should be of direct concern and import in this area of scholarship, and preference will be given to those articles having lasting value as reference material for the military lawyer. The Military Law Review does not purport to promulgate Department of the Army policy or to be in any sense directory. The opinions reflected in each article are those of the author and do not necessarily reflect the views of The Judge Advocate General or any governmental agency. SUBMISSION OF ARTICLES: Articles, comments, recent de- velopment notes, and book reviews should be submitted in duplicate, triple spaced, to the Editor, Military Law Review, The Judge Advocate General’s School, US. Army, Charlottesville, Virginia 22901. Footnotes should be triple spaced and appear as a separate appendix at the end of the text. Citations should conform to the Uniform System of Citation (1 lth edition 1967) copyrighted by the Columbia, Harvard, and University of Pennsylvania Law Reviews and the Yale Law Journal. SUBSCRIPTIONS AND BACK ISSUES: Interested persons should contact the Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402. Subscription price: $7.65 a year, 461.9s for single copies. Foreign subscription, $9.60 per year. REPRINT PERMISSION: Contact Editor, Military Law Review, The Judge Advocate General’s School, Charlottesville, Virginia 22901. This Review may be cited as 68 MIL. L. REV. (number of page) (1975). i Pam 2 7- 100-68 PAMPHLET HEADQUARTERS DEPARTMENT OF THE ARMY NO. 27-100-68 WASHINGTON, D.C., Spring 197f MILITARY LAW REVIEW-VOL. 68 Page Articles : Prejudicial Joinder: The Crazy-Quilt World of Severances Major Dennis M. Corrigan ....................... 1 Returning Veterans’ Rights to Fringe Benefits After Foster v. Dravo Corporation Mr. David Bennet Ross ......................... 55 Comment : ‘Hell and the Devil’: Andersonviile and the Trial of Captain Henry Wirz, C.S.A., 1865 Professor Lewis L. Laska and Mr. James M. Smith . 77 BooksReceived ........................................ 133 iii PREJUDICIAL JOINDER THE CRAZY- QUILT WORLD OF SEVERANCES* Major Dennis M. Corrigan”” I. INTRODUCTION Perhaps the most important decision made by a civilian prosecutor or a military accuser is the method of charging an alleged criminal act.l The decision is particularly difficult where separate criminal offenses are subject to the same proof or where a group of persons is involved in criminal conduct. Joinder and severance of offenses and defendants pose significant problems in modern criminal ad- ministration because the charging decision affects the allocation of scarce legal resources and the ability of our criminal process to accord defendants a fair trial. The problems became more troublesome during the last decade because of the increased incidence of group-oriented crime. More- over, the increased incidence was accompanied by a concomitant increase in media attention to the trials of the group members. In the civilian sector the news media gave the trials of mass offenders wide publicity. For example, the trials of the “Chicago Seven,” the “Harrisburg Seven,” and the “Gainesville Eight” were lead stories in all major news media. The military justice system was also scrutinized closely by the public. Coverage of the “My Lai *This article was adapted from a thesis presented to The Judge Advocate General’s School, US Army, Charlottesville, Virginia, while the author was a member of the Twenty-Second Advanced Course. The opinions and conclusions expressed herein are those of the author and do not necessarily represent the views of The Judge Advocate General’s School or any other governmental agency. ** JAGC, US Army; Senior Instructor, Administrative and Civil Law Division, TJAGSA. A.B., 1962, Fordham University; J.D., 1965, Rutgers Law School. Alem- ber of the Bars of New Jersey, the US.Supreme Court, the US. Court of Military Appeals and the US.Court of Military Review. 1 Kaplan, The Prosecutor’s Discretion-A Conmkwt, 60 Nw. U.L. REV. 174 (1965) ; Note, Prosecutorid Discretion in the Initiation of Criv1i7znl Co?iiplniizts, 42 S. CAL.L. REV. 519 (1969); Note, Prosecutor’s Discretion, 103 U. PA. L. REV. 1057 (1955). 2See e.g., The New York Times Index 1969, pp. 1814-26; 1970, pp. 1585-90; cf., United States v. Dellinger, 472 F.2d 340 (7th Cir. 1972), cert. denied, 410 US. 970 (1973). 3See e.g., The New York Times Index 1970, pp. 161, 1844. 4See e.g., The New York Times Index 1974, p. 1732. 1 68 MILITARY LAW REVIEW Massacre” trials,’ the “Presidio Jlutiny,” the “Green Beret” cases’ and various incidents of fragging9 was indeed massive. The highly publicized acquittals in these cases focused the public’s and the legal profession’s attention on the seeming futility of mass prosecutions on the one hand and the wasteful duplication of time, money and manpower in separate trials on the other. It would be naive to contend that the cause of these acquittals can be traced solely to an error in the decision to proceed with separate or mass trials. However, it is significant that the prosecutors and the accusers in each case were faced with difficult charging decisions under joinder rules that on their face gave them little guidance. As the prosecutors and accusers in these cases discovered, the vague joinder rules are “among the most complex in the whole field of criminal procedure.” ’ In the light of the high acquittal rate in mass trials for group of- fenders, a staff judge advocate cannot confidently advise referral of charges to a joint or common trial merelV because the facts would permit such referral under the vague rule; governing the drafting of chargesroand the referral of charges to joint or common tria1s.l’ The staff judge advocate, and the military judge reviewing the initial charging decision, must consider the more fundamental question: whether in the particular case joinder will both afford each accused a fair trial and at the same time give the Government an opportunity for an effective prosecution. The purpose of this article is to assist the staff judge advocate and the military judge in resolving that fundamental question. The article examines the motion to sever on the ground of prejudicial joinder of defendants under paragraph 69d, .Ifn?zzLnl for C~urts-Mnrtinl’~and Rule 14 of the Federal Rules of Criminal 5United States v. Calley, 46 C.AI.R. 1131 (.\CIlR), aff’d, 22 U.S.C.\l.X. 534, 48 CA1.R. 19 (1973). See e.g.. R. HAJIJIER.TH E Comr-\I.mrI.x OF LT. CALIFY (1971); The Sew York Times Index 1970, pp. 2211-27; 1971. pp. 1921-35. 6See e.g., The New York Times Index 1969, pp. 1766-67. 7See e.g., The New York Times Index 1969. pp. 1877-78. 8See e.g., The Sew York Times Index 1970. pp. 3186-87. 9 Erickson, The History of the Tripod of justice, 61 1111~.I-, REV. 79 197.1). 10 MANUAL FOR COURTS-MWTI.AL,USITED S TATES, 1969 (Rev. ed.), para. 26 [hereinafter cited as Alanual in text and cited as AICJI. 1969 in foornote51. “Id. at para. 331. 12 !llcAl. 1969. para, 69d: ,Motio77 to Seyer. A motion to sever is a motion by one or twu UT more co-accused to he tried sell- arately from the othes or others. Occasion for the motion mas arise in either a Jc8ir.t or common trial. 2 1975 PREJUDICIAL JOINDER Procedure.I3 The conflicting considerations inherent in the choice of the appropriate mode of trial of group offenders most often arise and can best be analvzed n7ithin the context of the motion to sever. An examination of ;he judicial gloss to the Alanual and the Federal Rules will be made to discover the particular manner in which the courts have applied the vaguely worded rules to recurring fact situations. Finally, this article addresses the issue whether the use of discre- tionary severance rules is the most satisfactory method of accommo- dating the accused’s and the government’s competing interests. 11. PREJUDICIAL JOISDER DEFINED -4ND DELIAIITED A. THE DEFINITION: A!ISJOINDER AND PREJUDICIAL JOINDER DISTINGUISHED Llihen a defendant is charged jointly with a codefendant, the court may sever their cases for trial. In justifying its action, the In a common trial, a motion to soaer will be liberally considered. It should be granted on the motion of an accused arraigned in a common trial with other accused against whom offenses are charged ahich are unrelated to those charged against the mover (331). The motion should be granted in any case if aood cause is shown: but when the essence of the offense is a combination between the parties-conspiracy, for instance the military judge or the president of a special court-martial without a military judge may properly be more exacting than in other cases as to whether the facts established in support of the motion constitute good cause. The more common grounds for this motion are that the mover desires to use at his trial the testimony of one or more of his co-accused or the testimony of the wife of one, that a defense of the other accused is antagonistic to his own, or that evidence as to the other accused will in some manner prejudice his defense.
Load more

Recommended publications
  • Congressional Record-House. 249
    • 1884. CONGRESSIONAL RECORD-HOUSE. 249 Mr. SHERMAN. Mr. President- ADMISSION OF DAKOTA. Mr. BECK. The history of this-let me read before you inter­ The PRESIDENT pro tempore. Pursuant to the understanding, as rupt---:- the Chair is informed, the Chair lays before the Senate the regular.order, Mr. SHERMAN. I should like to have-- being the Dakota bill. The PRESIDENT pro tempore. The Senator from Kentucky declines Mr. HARRISON. Will the Senator from Wisconsin allow me to to yield. make a statement·? Mr. BECK. I will yield in one second. I ask the Senator to listen · Mr. SAWYER. Certainly. to this. This is my opinion. The w bole history of the silver question Mr. HARRISON. To-morrow I shall ask the Senate to conclude the ) is written up thoroughly and well in the Croker papers. The memoirs consideration of the Dakota bill. It has been dragging along nomi­ J will be found in the Library. I hope the Senator from Ohio will read } nally before the Senate for some days, but I think not four hours have them. In speaking of the Duke of Wellington, Mr. Croker said; been consumed upon the bill. I shall ask to-morrow at 2 o'clock that What amused the Duke of Wellington most was the "boldness" of Talley­ it be proceeded with without interruption until it is disposed of. rand's duplicity. "Would you believe it that at Erfurt, when Bonaparte met Mr. SAWYER. I renew my motion to adjourn. theEmperorof Russia to persuade him to join in overwhelming Austria., Ta1ley­ rand, theministerforforeign affairs, who all day long labored under Bonaparte's The PRESIDENT pro t.emp()re.
    [Show full text]
  • Proquest Dissertations
    INFORMATION TO USERS This manuscript has been reproduced from the microfilm master. UMI films the text directly from the original or copy submitted. Thus, som e thesis and dissertation copies are in typewriter face, while others may be from any type of com puter printer. The quality of this reproduction is dependent upon the quality of the copy submitted. Broken or indistinct print, colored or poor quality illustrations and photographs, print bleedthrough, substandard margins, and improper alignment can adversely affect reproduction. In the unlikely event that the author did not send UMI a complete manuscript and there are missing pages, these will be noted. Also, if unauthorized copyright material had to be removed, a note will indicate the deletion. Oversize materials (e.g., maps, drawings, charts) are reproduced by sectioning the original, beginning at the upper left-hand comer and continuing from left to right in equal sections with small overlaps. Photographs included in the original manuscript have been reproduced xerographically in this copy. Higher quality 6" x 9” black and white photographic prints are available for any photographs or illustrations appearing in this copy for an additional charge. Contact UMI directly to order. Bell & Howell Information and Learning 300 North Zeeb Road, Ann Arbor, Ml 48106-1346 USA 800-521-0600 UMI EDWTN BOOTH .\ND THE THEATRE OF REDEMPTION: AN EXPLORATION OF THE EFFECTS OF JOHN WTLKES BOOTH'S ASSASSINATION OF ABRAHANI LINCOLN ON EDWIN BOOTH'S ACTING STYLE DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Michael L.
    [Show full text]
  • John Wilkes Booth's Capture and Death Stories
    -K! O o O Digitized by the Internet Archive in 2012 with funding from State of Indiana through the Indiana State Library http://archive.org/details/johnwilkesboothsOOIinc Accounts of John Wilkes Booth's Capture and Death Stories of eyewitnesses, first-hand or passed down Surnames beginning with A-L From the files of the Lincoln Financial Foundation Collection back, so as to place himself very far west- ward of his point of debarkation in Vir- ginia. ! But he would travel in a direct course from Bluff Point, j where he. orosjsgd take f to eastern Maryland, and this would him through Port Royal on the Rappahan- j nock river, in time to be intercepted there by the o.itgoing cavalrymen. "When, therefore, 25 men, under one Lieutenant Dougherty, arrived at his office door, Baker placed the whole under control ' of his former lieutenant colonel. E. .1. Con- '• ger. and of hi- cousin, Lieut. L i'.. Baker— : the first of Ohio, the last of New York -and bade them go with all dispatch to Belle there to dis- , Piaine, on th lower Potomac, embark and scour the country faithfully around Port Loyal, but not to return unless they captured their man. Conger is a short, decided, indomitable, courageous fellow, pro- vincial in his manners, but fully understand ing his business and as collected as a house- wife on Sunday. Voting Baker is largi and fine looking fellow- a si.-hijer, biu no policeman- and he deferred to Con; i-r, very t:y properly, dining most ot the eve its suc- feeding.
    [Show full text]
  • After Andersonville: Survivors, Memory and the Bloody Shirt Kevin S
    Volume 8 Article 4 May 2018 After Andersonville: Survivors, Memory and the Bloody Shirt Kevin S. Nicholson Gettysburg College Class of 2015 Follow this and additional works at: https://cupola.gettysburg.edu/gcjcwe Part of the Military History Commons, and the United States History Commons Share feedback about the accessibility of this item. Nicholson, Kevin S. (2018) "After Andersonville: Survivors, Memory and the Bloody Shirt," The Gettysburg College Journal of the Civil War Era: Vol. 8 , Article 4. Available at: https://cupola.gettysburg.edu/gcjcwe/vol8/iss1/4 This open access article is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. After Andersonville: Survivors, Memory and the Bloody Shirt Abstract This article details the experiences of survivors of the Andersonville prison camp after the Civil War. Feeling marginalized by the public after returning to the North, prisoners of war worked to demonstrate that their experiences were exceptional enough to merit the same kind of respect and adoration given to other war veterans. In particular survivors utilized the strategy of "waving the bloody shirt," describing purported Confederate atrocities at the camp to a Northern audience looking for figures to blame for the horrors of war. Through prison narratives, veteran organizations, the erection of memorials, and reunions years later, Andersonville survivors worked to establish
    [Show full text]
  • Congressional Record-House. March 26
    28l6 CONGRESSIONAL RECORD-HOUSE. MARCH 26, Mr. PLATT. It is certainly in the power of the opposition to keep of War, transmitting, with accompanying papers, the petition of Pat­ us here all night. I have no desire for such a contest, and if I may be rick Collins, asking that his political disabilities be removed; which permitted to do so I will withdraw the motion at this time. was referred to the Co~mittee on Military Affairs. Mr. EDMUNDS. You ueednotwithd.rnwit. Justmovetoadjourn. COMMISSION ON GOVERNMENT MANUSCRIPTS. Mr. HARRIS. Nothing is in order but a motion to adjourn or a call of the Senate. The SPEAKER also laid before the House a bill (S. 1851) establish­ Mr. PLATT. I wish to say, then, that I shall renew the motion on ing a commission to report to Congress on manuscripts belonging to the Monday immediately after the morning hour; and I move that the Sen­ Government; which was referred to the Joint Committee on the Library, ate do now adjourn. and ordered to be printed. The motion was agreed to; and (at 9 o'clock and 32 minutes p. m.) ORDER OF BUSL~ESS. the Senate adjourned. Mr. PERKINS. Mr. Speaker, I ask unanimous consent that House bill6374 be taken up for present coru.ideration. · . Mr. BEACH. I shall have to object, Mr. Speaker. Mr. DAVIDSON, of Florida. Mr. Speaker, I ask unanimous consent HOUSE OF REPRESENTATIVES. that the Committee of the Whole on the state of the Union be dis­ charged from the further consideration of Senate resolution No. 10, and FRIDAY, Maroh 26, 1886.
    [Show full text]
  • WEST POINT FOUNDRY Maker of the Parrott Rifle, Famous Civil War
    WEST POINT FOUNDRY Maker of The Parrott Rifle, Famous Civil War Cannon 1 i i WEST POINT FOUNDRY ! The ~a~ol$onicWars demonstrat&d the importance of artillery in modern warfdre. This was brought home to the American people when in the War Of 1812, they found themselves opposed by heavy artillery in the hand8 of seasoned troops, both of which we lacked. The first graduate of West Point Military Academy, General Joseph Swift determined that it would not happen again. He was able to en- list the financial backing of Gouverneur Kemble, willram Kemble and others. In 1818 they organized the West Point Foundry with kstablishments at Cold Spring and New York City. It was necessary to "bootleg" skilled labor out of Europe by way of Ireland. They were able to evade ship pursuit. Their first government demonstration of heavy cannon firing caused some of the cannon to burst. But they were ablt to prove the fault was not in the cannon but In the faulty ammunitiol So, this Foqndry along with three other foundries were subsidized by the government. Success followed their enterprise until it was said,"there was no other foundry like it in America". Prom 50 to 100 heavy ordnance were made each year with the accompanying ammhition. They branched out. Stoves were just becoming popular. Iron pipe replaced wood for water mains in New York and Boston. Machinery for making sugar in South America and the Southern States was in demand. Engines for steamboats and railroads were made. The famous "DeWitt Clinton" railroad engine was built in 1831.
    [Show full text]
  • Abraham Lincoln Assassination
    4 \J s > 3 o <v n o fj o X H The Assassination of Abraham Lincoln John Wilkes Booth Miscellaneous Excerpts from newspapers and other sources From the files of the Lincoln Financial Foundation Collection 7/ 2oo<? e>W. OJ3o H says f * ington, Zd. The stex ™ 2d of forehead Uty^.^ > found floating at Govemment ^U'lSD^^SytranBlatecl and is as follows: Washington, April 15, 1865. back m rd J ° he fell ,g°^.° ^- e Mind well that : J. WILKES BOOTH. of expression—those orbs that can meet in On the back of the letter are two endorse- love or flame with passion ; his glances were ments, the first being," Hon. N. S. O. Labam. keen and he read character intuitively. In Richmond, February 12, 1865, In relation to fact, he exercised a kind of magnetism over plans and means of burning the enemy's ship- the person with whom he conversed, and no ping, <fcc. Preparations are in the hands of one could resist his fascination. This was the Prof. McCullough, and are known to only one secret of his influence over Harold, Atzerott party. He asks the President to have an in- and Payne. A mass of curling, jetty hair terview with General Harris, formerly M. C crowned his square forehead and brows ; sueh from Missouri, on the subject." The other is, was his physique. A person who saw him " the Secretary of State, at his convenience, after death, remarked that his features were will please see General Harris, and hear what still beautiful, but it was evident that he had plan he has, for overcoming the difficulties undergone a great struggle, and was now at heretofore experienced.' rest.
    [Show full text]
  • Dr. Charles Leale
    The Lincoln Assassination: Facts, Fiction and Frankly Craziness Class 2 – Dramatis personae Jim Dunphy [email protected] 1 Intro In this class, we will look at 20+ people involved in the Lincoln Assassination, both before the event and their eventual fates. 2 Intro 1. In the Box 2. Conspirators 3. At the theater 4. Booth Escape 5. Garrett Farm 3 In the Box 4 Mary Lincoln • Born in Kentucky, she was a southern belle. • Her sister was married to Ben Helm, a Confederate General killed at the battle of Chickamauga • She knew tragedy in her life as two sons died young, one during her time as First Lady • She also had extravagant tastes, and was under repeated investigation for her redecorating the White House 5 Mary Lincoln • She was also fiercely protective of her position as First Lady, and jealous of anyone she saw as a political or romantic rival • When late to a review near the end of the war and saw Lincoln riding with the wife of General Ord, she reduced Mrs. Ord to tears 6 Mary Lincoln • Later that day, Mrs.. Lincoln asked Julia Dent Grant, the wife of General Grant “I suppose you’ll get to the White House yourself, don’t you?” • When Mrs. Grant told her she was happy where she was, Mrs. Lincoln replied “Oh, you better take it if you can get it!” • As a result of these actions, Mrs.. Grant got the General to decline an invitation to accompany the Lincolns to Ford’s Theater 7 Mary Lincoln • After Lincoln was shot and moved to the Peterson House, Mrs.
    [Show full text]
  • Gettysburg College Journal of the Civil War Era 2018
    Volume 8 Article 1 2018 Gettysburg College Journal of the Civil War Era 2018 Follow this and additional works at: https://cupola.gettysburg.edu/gcjcwe Part of the African American Studies Commons, Diplomatic History Commons, Intellectual History Commons, Military History Commons, Social History Commons, and the United States History Commons Share feedback about the accessibility of this item. (2018) "Gettysburg College Journal of the Civil War Era 2018," The Gettysburg College Journal of the Civil War Era: Vol. 8 , Article 1. Available at: https://cupola.gettysburg.edu/gcjcwe/vol8/iss1/1 This open access complete issue is brought to you by The uC pola: Scholarship at Gettysburg College. It has been accepted for inclusion by an authorized administrator of The uC pola. For more information, please contact [email protected]. Gettysburg College Journal of the Civil War Era 2018 Keywords Civil War, Abraham Lincoln, Colonization, Slavery, Foreign Relations, Andersonville prison camp, Camp Sumter, Civil War, prisoners of war, memory, bloody shirt, veterans, veteran organizations, memorials, pensions, post-traumatic stress disorder, textbooks, history, Civil War, minorities, slavery, change, memory, race, gender, Civil War, Railroads, Railroads in the Civil War, Louisville-Nashville Railroad This complete issue is available in The Gettysburg College Journal of the Civil War Era: https://cupola.gettysburg.edu/gcjcwe/vol8/ iss1/1 VOLUME 8, SPRING 2018 Volume 8, Spring 2018 Editors-in-Chief: Anika N. Jensen, Jeffrey L. Lauck, Olivia J. Ortman, Zachary A.Wesley Editors: Elizabeth C. Hobbs, Jujuan K. Johnson, Garrett Kost, Savannah A. Labbe, Brandon Peeters, Benjamin M. Roy, Nicholas P. Tarchis, Jonathan E. Tracey, Laura G.
    [Show full text]
  • Civil Affairs in the Defenses of Washington, 1861-1863
    Pittsburg State University Pittsburg State University Digital Commons Electronic Thesis Collection Spring 4-16-2017 Civil Wars in the Capital: Civil Affairs in the Defenses of Washington, 1861-1863 Blake M. Lindsey Pittsburg State University, [email protected] Follow this and additional works at: https://digitalcommons.pittstate.edu/etd Part of the Military History Commons, and the United States History Commons Recommended Citation Lindsey, Blake M., "Civil Wars in the Capital: Civil Affairs in the Defenses of Washington, 1861-1863" (2017). Electronic Thesis Collection. 212. https://digitalcommons.pittstate.edu/etd/212 This Thesis is brought to you for free and open access by Pittsburg State University Digital Commons. It has been accepted for inclusion in Electronic Thesis Collection by an authorized administrator of Pittsburg State University Digital Commons. For more information, please contact [email protected]. CIVIL WARS IN THE CAPITAL: CIVIL AFFAIRS IN THE DEFENSES OF WASHINGTON, 1861-1863 A Thesis Submitted To The Graduate School In Partial Fulfillment Of The Requirements For The Degree Of Master Of Arts Blake M. Lindsey Pittsburg State University Pittsburg, Kansas April 2017 CIVIL WARS IN THE CAPITAL: CIVIL AFFAIRS IN THE DEFENSES OF WASHINGTON, 1861-1863 Blake M Lindsey APPROVED: Thesis Advisor: ______________________________________________________ Dr. John L.S. Daley, Department of History, Philosophy and Social Science Committee Member: ______________________________________________________ Dr. Kirstin L. Lawson, Department of History, Philosophy and Social Science Committee Member: ______________________________________________________ Dr. John Iley, Department of Technology & Workforce Learning CIVIL WARS IN THE CAPITAL: CIVIL AFFAIRS IN THE DEFENSES OF WASHINGTON, 1861-1863 An Abstract of the Thesis by Blake M.
    [Show full text]
  • Dr. Mudd and the Lincoln Assassination: the Ac Se Reopened John Paul Jones University of Richmond, [email protected]
    University of Richmond UR Scholarship Repository Law Faculty Publications School of Law 1995 Dr. Mudd and the Lincoln Assassination: The aC se Reopened John Paul Jones University of Richmond, [email protected] Follow this and additional works at: http://scholarship.richmond.edu/law-faculty-publications Part of the Military, War, and Peace Commons Recommended Citation Dr. Mudd and the Lincoln Assassination: The Case Reopened (John Paul Jones ed., 1995) This Book is brought to you for free and open access by the School of Law at UR Scholarship Repository. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of UR Scholarship Repository. For more information, please contact [email protected]. Dr. udd and the Lincoln Assassination 'rH 14: CASE REOPENED The proceedings of a Moot Court of Military Appeal to hear the case of Dr. Samuel A. Mudd with contributions by F. LEE BAILEY, JOHN JAY DOUGLASS, CANDIDA EWING STEEL, JOHN S. JENKINS and others Edited by JOHN PAUL JONES $24.95 Dr. Mudd and the Lincoln Assassination THE CASE REOPENED Edited by JOHN PAUL JONES On June 30, 1865, Samuel A. Mudd was convicted of conspiring with John Wilkes Booth and others ro assassinate President Abraham Lincoln. He was sentenced ro life imprisonment on an island off the coast of Florida. Dr. Mudd was pardoned in 1869 by President Andrew Johnson, based on his assistance in a yellow fever epidemic rather than on the merits. of his case, leaving unre­ solved until the present day the question of his ultimate guilt or innocence. On February 12, 1993, the University of Richmond School of Law convened a distin­ guished group of jurists and Civil War histori­ ans to thoroughly present both sides of the case of Samuel Mudd and the broader Lincoln Conspiracy before a panel of judges in an actual courtroom.
    [Show full text]
  • 1858 with Honor and Credit
    STATE OF NEW YORK. No. 184. IN ASSEMBLY, APRIL 7, 1859. • ~ ANNUAL REPORt OF THE ADJUTANT GENERAL. STATE OF NEW YORK: ! EXECUTIVE DEPARTMENT, ALBANY; April 7, 1859. ~ To the Assembly: 1 transmit herewith the annual report of the Adjutant General of the State. E. D. MORGAN. 1 • , - - REPORT. GENERAL HEAD-QUARTERS, STATE OF NEW YORK, 1 ADJUTANT GENERAL'S OFFICE, ALBANY, Jan. 14. 1859. ~ To his Excellency E. D. MORGAN, Commander-in-Chief of the m'llitary forces of the State of N. Y.: Sir: Pursuant to the provisions of the law of Congress, " establishing a uniform militia throughout the United States," I have the honor to submit the following REPORT: The organized portion of the militia of the State has, during the past year, made marked improvement in discipline and military information. l When compared with its condition during and prior to the year 1857, it is certainly entitled to much praise for its present attitude, and for the evidences of zeal which pervades its ranks. Notwithstanding that the relief which the present defective law affords has always been greatly inadequate to meet the heavy pecuniary demands upon the force, and that the general regulations have recently largely increased these demands, the militia has passed through the trying y'ear of 1858 with honor and credit. To one interested in the development of our militia, and aware of the additional bur~hens in time and money which these regulations have heaped upon it, this intelligence cannot be otherwise than gratifying. betokening as it does a degree of military ardor throughout the State, hopeful in the extreme.
    [Show full text]