Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.

Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.

Davis had been arrested for drunkenness and disorderly conduct by a Colonel Taylor. Semple argues that Davis should not be charged with more than intoxication while on duty, because he was provoked by Taylor: "the aggravations, of abusive language to an officer, and efforts to evade arrest, are...

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Published: Alabama Department of Archives and History
Subjects:
Alabama documents
Online Access:http://cdm17217.contentdm.oclc.org/cdm/ref/collection/voices/id/4187
format Electronic
collection Alabama Textual Materials Collection
building Alabama Department of Archives and History
publisher Alabama Department of Archives and History
topic Alabama documents
spellingShingle Alabama documents
Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.
fulltopic Alabama documents
Davis, Jack; Semple, Henry C., 1822-1894; Legal services; Soldiers--Confederate States of America--Alabama; United States--History--Civil War, 1861-1865--Military life; United States--History--Civil War, 1861-1865--Military personnel
description Davis had been arrested for drunkenness and disorderly conduct by a Colonel Taylor. Semple argues that Davis should not be charged with more than intoxication while on duty, because he was provoked by Taylor: "the aggravations, of abusive language to an officer, and efforts to evade arrest, are in a great measure due to the irregular and inconsiderate conduct of the officer himself." Semple points out that Taylor's unnecessary emotional reaction turned the arrest into a heated physical confrontation: "No case would have been before the court, and we should have been spared the bad example, of abusive language by an inferior to his superior on the one hand, and the spectacle of a severe injury inflicted on a drunken enlisted man soldier by an officer of rank, not from a view to the promotion of the interests of the service, but prompted by the desire to revenge an insult, and executed in a moment of passion, & with the hasty intent at the time, to kill! It may be said, that this is no defence [sic] to the accused, but I respectfully submit that though drunkeness [sic] is not an excuse, yet the fact that strong and unnecessary provocation to a drunken man, is some excuse for passionate conduct on his part - Upon the testimony addressed by the prosecution, the provocation would seem to be slight, but the court will consider the fact, that Colonel Taylor as he himself says, was in a passion." He also suggests that Davis has been punished enough, "considering the severity of the wound" he sustained from Taylor ("causing some bleeding, and confinement for 10 or 11 days"). During the Civil War, Semple served as a captain of an artillery battery organized in Montgomery (known as Semple's Battery). He was later appointed a major and transferred to Mobile.
spelling Q0000038488 - Q0000038492Q38488 - Q38492Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.Davis had been arrested for drunkenness and disorderly conduct by a Colonel Taylor. Semple argues that Davis should not be charged with more than intoxication while on duty, because he was provoked by Taylor: "the aggravations, of abusive language to an officer, and efforts to evade arrest, are in a great measure due to the irregular and inconsiderate conduct of the officer himself." Semple points out that Taylor's unnecessary emotional reaction turned the arrest into a heated physical confrontation: "No case would have been before the court, and we should have been spared the bad example, of abusive language by an inferior to his superior on the one hand, and the spectacle of a severe injury inflicted on a drunken enlisted man soldier by an officer of rank, not from a view to the promotion of the interests of the service, but prompted by the desire to revenge an insult, and executed in a moment of passion, & with the hasty intent at the time, to kill! It may be said, that this is no defence [sic] to the accused, but I respectfully submit that though drunkeness [sic] is not an excuse, yet the fact that strong and unnecessary provocation to a drunken man, is some excuse for passionate conduct on his part - Upon the testimony addressed by the prosecution, the provocation would seem to be slight, but the court will consider the fact, that Colonel Taylor as he himself says, was in a passion." He also suggests that Davis has been punished enough, "considering the severity of the wound" he sustained from Taylor ("causing some bleeding, and confinement for 10 or 11 days"). During the Civil War, Semple served as a captain of an artillery battery organized in Montgomery (known as Semple's Battery). He was later appointed a major and transferred to Mobile.1864-1865 circa18641860-1869Davis, Jack; Semple, Henry C., 1822-1894; Legal services; Soldiers--Confederate States of America--Alabama; United States--History--Civil War, 1861-1865--Military life; United States--History--Civil War, 1861-1865--Military personnelTextLegal filesSemple, Henry C.Henry C. Semple papersLPR5v3328Alabama Department of Archives and History, 624 Washington Avenue, Montgomery, Alabama 36130EnglishThis material may be protected under U. S. Copyright Law (Title 17, U.S. Code) which governs the making of photocopies or reproductions of copyrighted materials. You may use the digitized material for private study, scholarship, or research. Though ADAH has physical ownership of the material in its collections, in some cases we may not own the copyright to the material. It is the patron's obligation to determine and satisfy copyright restrictions when publishing or otherwise distributing materials found in our collections.600 PPI TIFFhttp://cdm17217.contentdm.oclc.org/cdm/ref/collection/voices/id/4187
title Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.
titleStr Argument for the defense in the case of The Confederate States versus Jack Davis, presented by Major Henry Semple.
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