August 3, 1863
The Militia Squads – What It Takes To Constitute An Assault. – On Friday last, when every body supposed John Morgan was coming, squads of militia were out hunting up absentees. A squad under command of John Morrey went to the house of John McGanna of the 4th Ward, woke him up out of bed, came to a charge bayonets on him and took, by force of arms to the Court House. McGannan sued Morrey for as[s]ault and battery and the case came up yesterday before Ald. Dulty. A. B. Caldwell, Attorney General, appeared for the militia, and N. Richardson Esq., for the prosecution. The evidence was that Morrey knocked upon McGannan’s door and the knocking was responded to by McGannan’s sister, who told Morrey he was no gentleman or he wouldn’t be making such a noise when there were sick people in the house. Morrey told her he wanted McGannan and presently McGannan came out. McGannan said he would go if he saw fit, whereupon Morrey came to a charge bayonets and told him he would see fits if he didn’t go. Some quarreling ensued when McGannan went into the house to dress himself. After waiting some time Morrey rapped on the door with the end of his gun, when McGannan came out and went to the Court House with the squad.
McGannan claims to be an alien and has exemption papers.
Ald. Dulty, after hearing the evidence, dismissed Morrey, for the reason that, in his judgment, no assault had been committed.
Timeline of West Virginia: Civil War and Statehood: July 1863