Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1825-08-11
Wnn,@ !, 9muRsDAY MORNING. AUGUST aao 1885,

terms, under the name OF a charge ano
specifications.
Perfectly consistent with the original
frame of the accusation, has been the
method, in which il has been followed
out, in the proof and in the argument.
Voluminous masses of documents,
consisting of miscellaneous cores
pondence, and printed pamphlet OF
more than one hundred pages, were pro-
duced in evidence, under the several
specifications, & Unfortunately read,
from beginning to end, without any spe-
ci6c designation, or reference whatever
to the passages or circumstances where
in the offensive matter was supposed
to consist; with the single exception Of
the alledged omissions, deficiencies, and
verbal inaccuracies, charged upon that
part of my pamphlet which purports to
set out the proceedings of the Court Of
Inquiry, which were, indeed, youch-
safed, after the trial had proceeded for
more than fortnight. Additional
masses, little little less voluminous, OF
documents and other collateral evil
dence, have been introduced, and in like
manner, read unfortunately, from
beginning to end, without the slightest
intimation Of the charge or the speci-
fcation, to which they were to be APP
piled, far less of the bearing they were
supposed to have on any point OF the
accusation, and of the purpose and OBJ
iect Of their introduction. In two in
stances, witnesses have been introduced
to authenticate numerous documents,
without naming or describing them, and
even without any enumeration or des-
cription of them being entered on the
minules which record the evidence by
which they are authenticated. Our re-
quest to have these documents openly
exhibited and subjected to our inspee.
ton; or, at any rate, to be furnished
with list and specific description OF
them, has been denied, and all that was
vouchsafed to us, was an intimation
that it would be time enough for us to
see and TO inspect the documents when
they came to be successfully produced,
as wanted, from time to time, in the
progress of the trial. In the mean
time, they have been kept, under lock
and key, wholly inaccessible to me; and
to this very day l am ignorant, how ma,
ny, or what part, or, indeed, If any OF
these documents have since been found
useful to subserve the ends of the pro.
secution, or have been actually used al
evidence; though ! presume (but with
out any responsible assurance OF the
fact) that some part of my official cor
respondence with the Navy Depart
ment, since read and attached to the
record, constituted part or the whole
of this strange paradox, OF documents
openly proved in "a Court Of Justice
and vet unknown either to the Court,
or to the party against whom they were
produced. At a late stage OF the trial
interrogatories are exhibited, for the
examination of witness upon deposit
ton. Explanation is asked, and unhe'
sitatingly denied, LIST, Of the authority
for taking deposition, instead of con
fronting the witness with the accused
as indispensibly required with a few
stated exceptions, expressly provided
for by statute) in every criminal case
and, above all, in every capital case; ane
this, not only in the absence Of any dl
| rect authority to be found in the nava
| articles of war or other law; but in thu
face of an article expressly requiring
that the witnesses, examined before
naval court martial, shall be. sworn By
the President of the court, Cd. VI tht
| purpose for which this deposition wa:
wanted, and of the point to which il
was to be applied; in order that Nigh
frame the cross interrogatories, which
| 1 was called upon to furnish, with :
discreet forecast of the operation ant
effect of the evidence upon my cause
The deposition, taken before a county
Justice of the peace, after having beer
lheld up, for some days, without an!
notice to me that it had been received
is at length produced and read to tn
court, under the same silence and re
serve, as to any bearing or relevancy
might be supposed to have, upon an!
matter put in issue by any OF these
charges and specifications: the want o
relevancy and pertinency to any sucl
matter being apparent upon its face.
To all these Irregularities have sub
mitted: being wearied out myself, ane
apprehensiye Of fatiguing the Cour
and exhausting its valuable time, b!
raising my voice so frequently agains
the continually recurring alteration
from the established and salutary form
Of procedure usually observed in crimi
nal prosecutions: and equally indisPen
sible to the due administration OF JUS
tice in a military as in civil court. 5
made this sacrifice Of my right to com
/ nlain and to demonstrate, with no othe
hesitation bul what arose from my re
luctance to sanction dangerous pre-
eedent; the pernicious consequences o