The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-07-07


truth will be- difficult to tell which scale will
In the month of August in the latitude of Mexico the sun
sets at about cock P NJ Two.thds oil the afternoon
having passed when Zen Scott arrived upon the ed-the
that he arrived late IN the evening proven be tue2 1t
is oT the court TO decide and submit it TO lis GOOD udg
ment whether it was carly or late in the afternoon
As the other statement IN this paragraph, viz that
Gen Shields did not get into position until after dark " re-
fer Gen. Scott own GfCJa report and Gen Shields
also; both Of which say i was in the night Gen. Shields
states his testimony before the court that it was about
O'Clock in he morning before he entered the village Of En-
| sada.
There is another statement in this paragraph viz " that
Gen. Scott brought upon the field Cb him Shields brig
ade, which cOntroleed admit That they did not
at the moment ~ time, but the interval between
the arrival Of Gen Scott and thai of Shields brigade was
very short and hence Cen Scott III his official report says
sidered enough for all practical purposes
morning commenced by Piercs brigade advancing in en-
ecuton Othe original order OF battle renewed the assault in
turned his left assaied his works in reverse and CALAMITY
carried them capturing twenty-five guns etc The accu-
raGy Of this statement nowhere questioned The facts sta
led are not cORtloyerted by the charges.
The paper No l, contains statement that during the
course action shot Mexican officer This is nowhere
directly c0nTOyened in the charges although the 9th par
agaph Of the st specification the second charge as
letter. pubIshedn the New Orleans Pcayune OF ingle
combat said to have taken place between Mexican officer
and myself front othe armies al the battle Of Con
reras on the 18Th August, is untrue
the original letter OF IeOnidas and the paper No
(Which Is denounced as false in the same paucuars,)
The Court will doubt remember that il cas contained
in the letter printed the Picayune but that long before
these charges were preferred was published the world,
that Interpolation, made by of editors in
New Orleans, tor the purpose OF hOarj another Although
this hoax was successfully pacised those for whom
was originally intended, yet the prosecutor have
been Tar more completely vctnZ ana after the facts
haa been aiscoed ne sun cung 10 his deuslOn, and spite
OF the published truth insisted jcH hoaIcG himself
As he determined that thee should be no doubt othe
ease WIN winch he could be imposed upon, he accordingly
preferred grave charge general officer founded
upon this ndiculOus fabrication IL within the ecO ytiOn
his examination OF Major burns he triumpaany point
ed to some cancellations IN the original letter Of Leouidas
and asserted that taerc this vey story when,
point OF fact nothing Of tine bnd was there TO be found
Ridiculous the position of The prosecutor on this point,
and completely his Specifications TINS particular dis
proved Gas there not word in reference the pretended
No. ID yet, q in the latter stated shot Mexican
officer with ny pistol during the OF the actions OF tile
l5th and zOn August viii briefly notice the testimony
1t has been proved by every officer Of my staff that when
Ipassed the road and through the tcedupont they were
alseparated hOm me and upon duty.
Private Ayers esties that he was acting as my orderly
was within a few steps OF me the z0h August. and
ne, while on the ROAD in front Of the bridge head shoot
Mexican officer ana the officer fall Om horse He
says there several Mexican officers together and that
they Were advancing rapidly, evidently intending either
attack TO make Their escape He saw one else shoot
at THIS officer his Is the positive testimony Of Stness
who sweaE TO what he saw
An attempt has been made by the prosecutor impeach
the testimony OF TINS witness but the very officers who
summoned by the GeneaIn-C hef OF the American army
soldier that they should give full credit to his ntl
mony IN court OF justice even if UHSHppOrtcd and IN
The very effort and failure to dsced this witness esab
usll MS lmOny fnIy thar shaken lie
9Ineu Uy ue prosecutors own witnesses. The 1act, there
Tore being positively proven by this witness alone, fully
established Ills testimony moreover supported by the
stated ey SaIro and d. JORDAN, and even by
mat OF the gambler Miller who ished he OF the
hes OF Mexico to assist the prosecutor carrying his
ments made by Ayers.
ei are contained IN the testimony OF Lieut. LOngsteet, and
m that OF Private Carroll. And the only modes in which
onthe one side the Other-are first in believing that
apprehension exists to the identity OF the morse (tom which
hi NI1E Grgl
one from which The officer fell and which Carroll caught
supposton which very reasonable the Corporal, who
went rom Lieut.. LOngstTee after the horse, detained
some time, and number OF horses We're running about the
held Or IN the belief that there mEappehensOn
the identity OF the horses, and that Carroll mistaken
SuPPosng that ordered him catch tint horse for and
III c ne was NOT the man 10 whom gave such direction
to by Ayers
The character of Lieut. Longstrsel shields him from the
suspicion Of the alternative and tie absence of all motive for
PERJURY on the part OF a man with whom was and still am
gnacquainted renders 1t equally unlikely that such
duct be attributed 10 Carroll Bnt if we set Longsreet
fully aud clearly proved by Ayers whom no one contra
impeach.
Having thus shown that every controveed point this
paper (No d Is substantially true, to examine
The motive and purpose charged in this specification This
States, by an early publication Of the statement.
feaneT essayed to sustain this charge by tesiyng that
LANDED nun me paper and SAID was anxious should ap-
pear with the first tmpreSSiORs and yet this witness
ese5 te very next minute that ne 2Sked me Tor state
men OF the forces under my command Oh the 18th and ~
tulteT mat permit hIm 10 take
ing paper VINO does not see IN these statements tat the
witness gives the lie direct his testimony How
view anticipate the publication Of Gen SCOTS reports
be believed, when it proved by the witness himself that
he TOOK from the table asked me let Inn keep it? II
the paper made out for him he why ask me toet
him take The tasehOOd Of the witness palpabe and
obvious that it absolutely thfng with this cDuu to
pose capable 81 being influenced IN Is opinion by such tes-
able witness who, in conjunction with his noble cOaduOr
MI TnS w0re that the interneaOn in the LeOnIdas let
n, b n
am not dependent the statements OF this witness
alone for the means of destroying bis proof Dr. Hestand
positively that he heard Freaner ask for this state
ment nor can it be believed ha Feane wonid ever have
remembered the circumstance OF asking me for this paper
stand whose testimony could not be impeached And yet
this Is the proof upon which the prosecution asks this court
tohnd the truth of the motive charged IN the specification,
thaL sought 70 anticipate and TO toesta public opinion II
tlns desired to toesta public opinion It was as nave
shown, by the publication OF the truth But again ask,
new can It be believed that such was my purpose, when
FTeaner my quarters, and asked Tor tins state
men as he himself has admitted and - Hesand positive
that soggS to have published, or with the Gnage MAJ
pepared~t for publication. The caption and CONCLUSION
lin The form Of eter) Hestand proves were added by
MN without any direction from me- as he heaG FTeaner ask
me Tor tie paper, and knew what he wanted with IT,
In hastily running before handing i; to treaner
those parts being unmpOrtant not noticed thought
Of The erasGres the witness proves were made by himself
am now done with this specification.
he third specification Of the second charge divides itself
info several pats which shall consider in the order in which
lhky presented The first that nmy official report
SseLy claim tor myself the merit q having gwen pre-.
was so successful executed early the morning of the said
10Th OF August by Brig. Gen. Smith, the officers and
there and then under the command OF said Smith"
My official report where claims, spirit letter. that
gave, " prescribed " or ordered the particular
pt4H OF battle in questions
~ Ehe report speaks for itself and beg leave 10 refer to
Inc only references my official report 10 the attack made
on te entenched camp early the morning of the 10th
august are IN the following words During the night
Brig Cen smith disposed the forces present the
action at daylight and complete the Original order of at
tack."
In another part OF my report It Is stated
Brig. Gen. Smith, the senior officer who re1a med across
the plan and disposed Of the for the faai assault de-
SERIES, and viii doubtless receive the thanks of tie army
and the honor due to the constancy of purpose and daring
which distinguished his conduct on this occasion >
This language IS plain and iunmitakable and cannot be
tortured 10 bear the construction Gen Scott has put upon it.
fair and honest Interpretation OF it will sustain lie as
sumption thai there attempt TO deact from the repu
atl9n OF any other officer, any thing claimed BY me
for myself not fully sustained by the record Of this Court
the testimony of which, RELAXING this branch of The sub
Ject, shah examine at length and in some detail with
view If possible, Of ascertanin gFst What dispositions
were made Of the American forces near the entnehed camp
Oh OoneTas on the 18Th OF August aud by whose order
orders were such dispositions made
secondly, w hat effect had these dispositions on the fall Of
the enemy's entrenehed camp at C0ntrefaS 2
Will premise that whatever dnposOns made on the
18th before the arrival of Gen Scott must have bseu made
by my orders sanction, for the senior 0c on the
ground and responsible for the Of the t0Hce