Charry, James P. Article

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Daily State Journal; Date of paper which originally published the following is unknown.



Some one, evidently a sympathizer with Cherry, the man who was killed in Jacksonville a few days ago, while resisting his arrest as a murderer, horse-thief and deserter, communicates to the Register a contradiction of the dispatch giving an account of the affair published in this paper a few days ago. The dispatch was received by us from a reliable and trustworthy source, and was published as we publish other news. We had reason to put confidence in the statement of the dispatch, and still have reason to do so, in spite of the denial of the Register's correspondent.

The Jacksonville Sentinel, the Copperhead organ in that place, publishes the following account of the affair, not contradicting in a single particle, the statement furnished us by telegraph:

It appears from information received at the District Provost Marshal's office in this city, that said Cherry sometimes since shot and killed a Deputy Provost Marshal in Hancock county, in this State, and Capt. Fry had orders for his arrest. On yesterday he was in this place, and went to the house of his uncle, Mr. Owen, where he met a cousin who is in the United States service, named Peterson H. Cherry. Peterson H. Cherry went immediately to the Provost Marshal's office and informed of the whereabouts of his cousin. Capt. Fry, as in duty bound, dispatched an officer to arrest him, and the returned soldier accompanied the officer for the purpose of identifying his cousin. The party went to Mr. Owen's house, but learned that the man had tone to the depot. They proceeded to the depot, where they found their man, who it appears, upon being arrested, attempted to draw a pistol and was shot dead on the spot by his cousin, Peterson H. Cherry. He received two shots, one entering the breast in the region of the heart, and the other in the right nostril.

An inquest was held by Esq. Pierson and the material testimony elicited was as follows:

John Lawson being duly sworn testifies that he saw Cherry open the door and say, "You are my prisoner, stand, damn you," and repeated it; did not notice deceased; saw Cherry draw his pistol and shoot.

Wm J. Clark testified that Cherry came in at the door and said: You are my prisoner - stand. Deceased commenced drawing his pistol. Cherry then said, stand, a second time. Deceased then mde a second attempt to draw his pistol, when Cherry shot deceased in the mouth, and again in the breast, when he fell and died immediately.

Geo. Stevenson Testified as follows:
I was sitting beside deceased; saw Cherry come in and speak to deceased, saying, "you are my prisoner." At the same time I saw a pistol in Cherry's hand, who said to deceased, Dam you, don't you draw your pistol on me, and fired at deceased twice. Deceased died in about five minutes.

Capt. Fry, Deputy Provost Marshal for this district, testified as follows: "I sent Peterson H. Cherry with another man to arrest deceased. I had orders from the Provist Marshal at Quincy to arrest deceased wherever I could find hom.

We copy the above evidence from a report furnished by Esq. Pierson.

The coroner's jury returned a verdict in substance, that the deceased came to his death by two pistol shots fired by Peterson H. Cherry, who fired said shots in self defense, and to save his own life.

Submitted by: Ken Cherry