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necessity; being imposed upon this district all the inhabitants and all their actions are brought within its dominion. That- These powers are in their nature judicial and are therefore bound by the common law of the land in regard to its general rules and principles- Even supposing this not to be the fact, and the court illegal, having no jurisdiction in the first case, it would be unwise to try the case the second time before the same tribunal. Acting under direct orders (as I understand them) I have tried this case as impartially as possible (knowing that the principle witness for the defence is absent.) and find Sergt. Benjamin Ayers. 14th U.S. Infantry guilty of assault and battery, under mitigating circumstances, and have therefore sentenced him to be confined to hard labor in Castle Thunder for the period of four (4) days- He is acquitted of the charge of keeping money belonging to Plff. there being no evidence to support it. neither is there any evidence to show that the Plff. ever had the amount of money charged in the allegation. nor can he swear positively as to the amount received from debt. at (over)
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Reopened for Editing 2024-01-23 01:34:36