United States Vs Alfred Spates Defence of the Accused Before a Military Commis

Cover United States Vs Alfred Spates Defence of the Accused Before a Military Commis
United States Vs Alfred Spates Defence of the Accused Before a Military Commis
Alfred Spates
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Some little general conversation took place, in which the accused was made acquainted with the fact that Marshall held the rank of a Major in the rebel army.
13 The accused had seen on his visit to Dam No. 5, some part at least of the damage which had then been inflicted. He had made arrangements with the Canal officers, at Dam No. 5, to have these injuries repaired, as both he and A. K. Stake thought could be done with safety. And he had returned to Hagers- town, to find the rebels returning i
...nto Virginia, by a route, which would enable them to complete the des f ruction they had commenced on the Canal.
The accused thought himself authorized to remonstrate against a repetition of the damage already inflicted on the Canal; and he did so.
It is perfectly true that the the accused, acting upon the im- pulse of the moment, did not consider what the law of war au- thorized hitn to do in such a case.
But now that such a conversation has taken place, a. Id is be\ond recall, the accused submits to this Honorable Commis- sion, that he was justified, by the law of war even, in remon- strating with the enemy against the wanton destruction of any property belonging to himself, or to a fellow citizen, or in any wise committed to his charge.


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