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The facts of the
case were just these: All the people were, so to speak, fighting. The
Governor issued his proclamation. These Hickory Point "Law and Order"
militia were simply robber banditti, and Captain Harvey and his
company thought they ought to be "cleaned out," and proceeded to do
so, and this act, though intrinsically it was a righteous act, yet
technically, laid them open to the law. This happened on the 12th of
September, but up to the 14th of September 3,000 "Law and Order"
militia, coming into Kansas as outside invaders, refused to be
disbanded by the Governor's proclamation, and both before and after
continued the business of murder and robbery. Yet this was nothing,
because these were "Law and Order" men. The other was treason, for
these were Free State men fighting for their homes and firesides. But
Capt. Hampton saw the matter just as it was, and acted accordingly.
Dr. Gihon testified of these treason prisoners, "These prisoners were
not all rough and desperate adventurers.


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