The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-01

assaults made upon the character of Mr. Norris, by
the Courier might with perfect proprety have been
treated with silent contempt by the party so grossly
assalled. The character of the source from which
the charges emanated-even had these charges
themselves not contained intrinsic evidence of their
malice and falsty--was quite sufficient to stamp
them with discredit. But Mr. Norris has thought
it due to himself and to the honorable office which
he has filled so honorably and efficiently, to place
every circumstance connected with his appointment,
and the manner in which he discharged the duties
itimposed, in proper light before the public Mr.
Norris has INDICATED his character, and exposed
the malignity and Misrepresentation OF the Courier
with such cleaness and explictness, as to render
remark from unnecessary In introducing Mr.
Norriss statement, we cannot, however, refrain
from expressing our appreciation of the dignihed
and temperate tone assumed by this gentleman in
performing a task in which warmth could find such
ready excuse But Mr. Norris is gentleman in
every of the word and in the present instance,
throughout the whole of the late trial. he has not
forgotten that respect which he owes to public Cpl
nion and to himself There is little encourage
ment to hope that the example of decency and gen.
tlemanly bearing, which MIR. Norris has set before
the eyes of his unmanly assailant will excite any
desire of imitation The brutality and unreason-
able violence of the conductor of the Courier are
congenital. 1t is too late in the day to look for i'm
provement.
There is another reason which justiies the course
now adopted by Mr. Norris. Many papers besides
the Courier have circulated the same SANDERS and
misrepresentation Indeed, the violence, gross par
tizanship, and preudiced conduct of great por-
ton of the press relation this case, without
parallel in the annals of newspaper literature. 1t is
therefore very desirable that antidote should
be administered to all this poison which has been so
industrousy circulated. The Court-the Secreta-
ry of the Navy-Mr. ]. c. Spencer-the Judge Ad-
vocate, have all been included the charges circu-
lated by the Courier And all are indicated in the
annexed documents, which we present without fur
| ther comment.
made by the Editor of the Courier and Enquirer against
shall avoid the folly of emper, as not suited to
learn from the imprudences of those who injure what
they would assist, and like pepper boxes with escape
The history Of this partisan outrage on me- is h.:
From the 18th of Feb to the 18th ofMarch was engag.
ed whenever an officer came the stand in inquiring
to whether written message was sent by Phillip Spen.
just before his DEATH to his parents On the 9th of
March, Captain Mckenzie admitted that the young officer
"did dictate to him what to write his nephew Mr. o.
H. Perry being then under examination. On the 18th
and 18th, Mckinley and Mid Thompson were further
questioned whole scene Of the writing and the
examination objected to by MIR. Sedgwick irrelevant.
On the 4th, Captain Mckenzie reported too ndis
posed to attend court and it understood that sore
throat and chs his maady The Court, therefore
adjourned On going to the Circuit Court to hear the
Com. Mckenzie, desired with me a private interview in
which he showed me the paper subsequently offered by
Capt Mckenzie as the one dictated by Phillip Spencer
inspected it, and stated that the rule of law the
Identification OF papers would have to applied. frank
conversation ensued. Thiswas the first time had
| the paper.
| Captain McKenze's illness lasted till the 18th of
March; that day he into court and his counsel
by the affidavit of Capt Mckenzie. Here once the
client placed in false position. 1t well known
contented myself with applying the rule of law the
point when prepared paper bitterly aspersve CT me-
was read, concluding with charging me as vindictve
prosecutor by necessary implication and with
myself behind rigid rule OF law" stated there
other reasons-they were demanded and when thus goa
ded to their statement avowed that could not yield to
that affidavit without giving the lie to my convictions
OF the evidence Of Witnesses of documentary testimony
and circumsantal history from the LIST of Dec the nth
of March. deeply regretted this painful alternative,
but had to choose between tmidty dishonesty. If
this course any ones feelings il is the fault of
those Who kept back the paper from the arrival
Somers to March 18th, and then resorted affidavit
to overbear the Judge Advocates known determine
Here then mortal offence do not pretend with in
solent assumption to say that my opinion is correct.
may be wrong Undoubtedly there some others
honest myself who differ with me-that is for them
selves; could induce mPugn their motives
Instead, therefore of Establishing in temperate
this of opinion, if deemed the summary 10.
gic adopted to break the moral influence OF the law
officers conduct by declaring him hireng, and weak,
f0Ol. Aknave ana ItIOt mas nnuenCe, was
the reasoning will make the Judge Advocate both,
says Col Webb, and that will save all necessity Of CON-
parison Of testimony and argument Accordingly on the
Courier, charging with being the corrupted tool Of
Spencer. This has been followed by others diluting
the mputation into the suggestion Of ftuous weakness
harmless inOGensve hoy" subjected to the "over r.
weening influence" of J. c. Spencer, Esq.
The points then, between this beler and yself
ls That my aPpoG,ment was at the instance Of C.
visement control directly indirectly corruptly or
by "overweening influence"
I'd The ntimation amounting to a charge that my card
to the public, heretofore published, was suggested in
whole or in part by Charles OConnor, Esq.
Sd. That the proceedings delayed by to give
jurisdiction chance Of interference to the civil auho
rites.
4th Inadequacy, by deficient intellect requirements
and years, for the duties Of Judge Advocate.
The first three charges will be left with other
swer than the accompan ring testimony.
Asto the fourth, 1t may not be improper to premise the
law as applicable to the post of Judge Advocate When
the charges preferred by the Government not the
then the prosecutor the District Attorney in civil
udicatures This the established distinction i'll be
by reference to Kennedy Courts Martial the best
writer on military law. On psge 2a7 he says, If the
Judge Advocate be prosecutor, the path before him
plain and easy; again on page 800 at may, however
be said that although should be expected that the
Judge Advocate when prosecutor should assist the pr
in his defence; still in all where the prosecu
ton is conducted by private pros cutor the Judge Ad
vocate ought then to furnish that assistance"
lift is intended deny that this case has not been con-
Quoted prosecutor should Get in civil court honest
ly and mpartially answer not only IS the assertion
false but when like made by Mr.. sedgwick in
Court the Court instructed to tell him publicly that
his aspersions met their exception.
My boyhood has lasted over thirty years. was prepar
ed for my profession by every opportunity of education,
collegiate and professional venture affirm that
Of the counsel of the accused Of the have author
ed the slightest impugnment Of my professional adequa
cy have had much correspondence with the Depart
ment and have to the ias enjoyed its expressed unqual
fed confidence.
In all the proc ceilings weeks the Court have
overruled but three nterrogatioDs that OBJ
ected and the proposal to conduct the examination Of
officers othe Somers not called by the accused in the
nature of a cross-examination still claim to be right
and entered protests in each case.
There is the record single protest from the ac-
cused in the various instances in which have been
tanned by the Court.
The witnesses for Ave weeks called by the ac-
cused seven in NUMBER twelve called by
the proseo uton four Of whom were only asked to
chair Iedge of the mutiny and of q proposal