Arkansas intelligencer., 1843-09-09

wished TO arrive at-nnd whether the Court acted
proper in rejecting them. You will, also, see by
other rejectedf questions which have sent you,
that had not the same privilege Of elicitng tes-
tmony, that the accused had. | do not offer
these remarks to have effect on the legal result
upon reviewing the proceeding; but to show the
simple fact, how it happens, if have failed to
prove up any of my accusations.
Three of my witnesses we're mixed bioded Che
rokees of responsibility and credibility--the ac-
cused objected to their introduction as witnesses
against him not upon the grounds of respecta-
bility and credbty-) but, that it was not Gus
tomary to introduce Indian testimony into the Fe-
deral Courts. respectfully ask, if il is true that
indian testimony is not admitted into the Fe1eral
Courts! !! And if q Military Court of Inquiry, is
not Federal Court? And would further ask,
it this Court was not instructed to find the facts
and if it could be done by the testimony of good
respectable witnesses, was it not their duty 10 do
so u Did it become high minded and honorable
officer, wke felt conscious of his innocence. to OH
ject 70 ahis kind of tes!imonyl You will see that
near the close OF the proceedings of the Court,
after having debarred my witnesses from giving
their testimony Col. Mason then fearfuIg offers to
prove his innocence of the facts that offered to
prove by my witnesses. ..s .aa.
| hope, the Hon. Secretary will not feel annoy
ed at the length of this communication, and will
notice these facts that | have proved before this
Court. He will soc, that the " extra. duty INA -
at the Quarter Masters sore during the Spring
and Summer 1912, issued to Col. Mason's serv.
ants, public poughs; [vide PrvateJ. CIarke's tes-
timony, and that said public ploughs were taken
to Col. Mason's corn feld and there used, with
public horse, mule and harness; [vide testimony
OF Purdey & Doyle Also, that Edwards negro.
Emanuel, worked in Col. ,lason's field with one
OF said public ploughs, &C., vide Purdey's test.
mony. And that corn was hauled from sn id field.
by public wagons and teams to the public crib,
vide Pools testmony,] and that said corn (about
seren hundred and Ey bushels,) was sold at t,cen.
tyyfue cents per bushe, and delivered by Col. Ma
son, to the corn contractor [vide r. Vests tcsti-
mony.l Also, that public wagons and teams were
employed in hauling corn, oats. fodder and green
corn for Col. Mason, in 1872 vide testimony of
Purdey d Denton. Also. that Col. Mason, drove
pair Of public horses, in his carriage, about the
Post and further, he drove said horses to St.
Louis, and kept them from the Post. about a month,
in 1912. [vide Doyle's s. Bergev1n ms testimony /
And you will see by w. B. Lewis letter 10 the
Hon. A. IL. Sewer, that Col. Mason vas drawing.
at the same time, forage for four horses
The accused endeavors. by Capt. Morrison's
testimony, to prove that Edwards negroes did moi,
work for Col. Mason, but he merely proves tha,
Capt. Morrison did not see, said negroes work for
Col. Mason. And to weaken Purdey's testimony.
proves by Capt. Morrison's testimony, that for
sixteen or twenty days in May, 1912, on account
OF the weather, corn could not be worked Ii will
be seen that have pretended 10 prove that Pur.
dey saw this negro, daiiyat work. in Col. Mason's
field. nor that he passed. daily by Col. Ma son field
but that whilst he was hauling wood in the Spring
and Summer of 1912, ho passed and repassed Col.
Masons Held, four times day, and then saw said
negro at work for Col. Mason. Capt. Morrison,
also tes,hes that he loaned to Col. Mason, plough
painted blue, but that does not prove, that Col.
Mason did not use public ploughs. Capt. Davis,
the Quarter Master. testifes that he thinks the
pubic ploughs in his store, n re Z. mould" This
testimony IS too indefinite. Capt. Davis could have
ascerlained posHireiy, before he came into the
Court. If they were shouel or mould Capt DAVIS,
to Justify Col. Mason in using public wagons and
teams, teslfies that Col Mason paid the teanasiers
who drove the teams-but he does not testify that
Coi. Mason, paid for the use of the public wagons
and teams.
On the last day of the court, after the facts of
Co'. Mason, having used the public property, for
private purposes, were fully proven up-Captain
Davis, the Quarter Master, stands forth and rs.
sumes the responsibility Of allowing Col. Mason.
10 use said public property. This will implicate
The Quarter Master, but it does not exoncrate the
Commanding Officer, who used the public proper
ty, by permission of an inferior officer, serving
under him. Ii ! mistake not, tho Army regula-
tlons prohibits the use of public property for pri-
vate purposes, under any pretence whatever. III
Capt. Davis had have permitted Lieutenant, or
some other subordinate officer, to use public pro.
perty thus, would not Col. Mason, as Commanding
Odiicsr, fet it his duty to have arrested Capt Da-
WIS 1t would have been his duty to have done so
but this public property, used by Col. Mason,
and he the conscientious Commander, {. the strict
declpIinaran, who deals out justice to all,' re.
mained silent. ..r.. ... .
Now, sir, the facts stand revealed, that Col. Ma.
son did use public property for pripate purposes !!
Col. Mason, by the use of said public property
and Edwards negro, did raise about seren hundred
and ffiy bushels of corn, for which, he received
about one hundred and eigMyseren dollars, nd ap.
proprated the same to his oacn private pocket !N
Accompanying. send the uffidavits of Messrs.
L. 1. Ballard and Il. E. Wilson. to show the ma
ture of the game of Faro, that Col. Mason dealt
at this Post. should not have sent them, Lad not
Col. M, who. not being content, that my witness
es were not summoned by the court but he must at-
tempt to impose upon the Hon. Secretnr y, his nc.
count Of the little, innocent and amusing game
that he played at this Post. ~ -. '0 eds
xf *1#r* ras .r-
..... g. have the honor to be, $50
..... Very respectfully, ga DO --t