From the Richmond Enquirer, 11/21/1861, p. 3, c. 6
ACCIDENTAL KILLING OF A PRISONER OF WAR. - Hezekiah
Robinson, a private in the 57th regiment of Virginia Volunteers, was,
yesterday, before the Mayor's Court, upon a charge of shooting and killing
Charles Tibbett, a prisoner of war, a member of Co. K, 27th New York
regiment; and of shooting and wounding Henry C. Weed, also a prisoner of war,
belonging to Co. A, 2d Minnesota regiment. - It appeared, in evidence, that on
the night of the 9th of October, the prisoner, while on guard duty,
as sentinel, upon a hill in the rear of Confederate States' prison No. 2,
attempted to place a percussion cap upon his musket, when the hammer
accidentally fell, and the piece was discharged, the ball from the weapon
entered the window of the second story, in which the deceased and the wounded
man were confined, passing entirely through the body of the former, and into the
arm of the latter.
Tibbett lingered for several days after the occurrence;
and, before his death, expressed his conviction that the shooting was entirely
accidental, that from the position which he occupied when shot, and the darkness
of the night, it was impossible for the sentry to have seen him.
The Mayor, acting in accordance with these facts, ordered
the discharge of the prisoner. His Honor, also, notified the Provost Marshal of
the prisons, that since it was now ascertained that the killing of one private
soldier by another, was within the jurisdiction of the civil authorities, it
will be his duty hereafter, upon the occurrence of a homicide or accident, to
send immediately for the Coroner, leaving the body, meantime, undisturbed in the
position in which it fell. A notification with which Captain Gibbs readily
promised full compliance.
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