The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1848-05-05
oh.d before anv Court but this one and if so, state

h. before any Court but this one; and if stat
the instance.
a-if witness has known the testimony Of AyIes
be s e IN Which said Ayres was not interested
Al would not be willing to swear that would not bt
nes the witness know that the said Ayres has
been before any other Court as awitness!
af Aype testimony before the witness as judge or jury
man were nnsustaned by circumstances in itself strang
or improbable would the witness believe the testimony OF sal
Aft under OATH yes
First Sergeant SAMUEL Ross, Company FL, 18th Inf
a. by Prosecution-How long has the witness known pr
for truth and veracty
II have known Ayres since about April TO- 1847 tn
day he enlisted his character truth and veacy que
tionable in his company.
Q.-By the Defence: Has witness ever known Ayres
testimony to be questioned mpeached witness befor
Al have never known him to be witness before.
Q.-WouId you believe Ayres under oath, in wher
he had no personal interest?
Al would believe him under OATH under Circumstance
Q.-From witness knowledge of said Ayres character
does he believe him capable orincapabe of receiving Drpe
Gen Scott then submitted the fol lowing motion in writing
Hadir sa to s esae Of
Ayes, former Witness the ground OF te Want o.
the said Ayres has questionable standing in the COMPANY
common to the two in respect to ana u as8 oab II
matter where he Ayres had interest The question st on
therefore essential to show witness knowledge o. e
he believes that Ayes has actually been bbed but general
T his moral standing such as to render snd on
one y 4Siened1 I@'''' WINFIELD SCOTT.
The conrt decides that the question shall not be put.
IIruT BEAUREGARD, Engineers, recalled
ouestou bv ProsecuttonWhat does witness know of the
movements Of Morgan regiment the 18th Infantry, on the
evening of the 18th of August and the enemys reinforce
ments from the city, well the arrival of Gen Scott upon
the field State the succession and hours of those several
General Pillow here submitted the following motion in
w. President and Gentlemen Of the Court:
Maj Gen Pillow objects the question propounded by
ta % to d pof
proof The prosecutor having announced some ten days
a e ne by law a ah e ee eg
brings in the proof in defence The defence having offered
ting proof by @peacRng the temony Of amy Of the wit
neses for the defence or by proving that the witnesses on
of law of practice will tolerate the practice of opening
and reexamInng the witnesses, or of producing new wit
such practice allowed the defence would, Of course
have right to call in other witnesses to meet and dpove
rule after the new matter was dspoved bring in more wit
nees to repToye the same matters over or new matter
in defence and forever if the parties could find more
witnesses until the proceedings would be spun ad ini
end The question is therefore, objected against law
and the practice Of and as tending to an indefinite
Respectfully submitted.
GIp. J. Pillow. Maj. Gen. U. S. A.
zen. scout then submitted The following In reply
Mr. President and Gentlemen of the Court The
prosecutor has introduced testimony to show the
succession and hours of certain events that oc-
Cured about and upon Ensaldo, in the afternoon of
August 18th last, and the defence has since that
time introduced testimony to impeach and overturn
that testimony on the part of the prosecutor. The
present witness is now first called to be examined
in support of that first testimony and about which
matters he has not before been examined.
Ii is believed by the prosecutor that his rebutting
testimony may be important to support the first set
Of witnesses, and perhaps to impugn those on the
side of the defence in the same matters.
The court will also please remember that Lieut..
several times, was, the other day, called up the
third time by the defence, and then cross-examined,
without objection on the part of the prosecution
Besides, it may be remembered by the court, that it
was agreed upon blythe parties early in this case,
ind with the understanding that the court assented
hereto, that strict rule would be enforced in
pect to the examination of staff officers belonging
o either of the parties, in the present case.
Respectfully submitted: q
WINFIELD SCOTT.
In Court, April 10, 1S4S
The Court decided that though the question was
lot strictly of the kind allowed to be put by the
Court vet to ascertain further facts they allowed it
o be put.
A.-On the afternoon of the 10Th, a little after l
o'clock, having completed that portion Of the road
which had been assigned to me to be repaired and
went forward to report for orders to
laj Smith, the senior Engineer officer on the field
whom found short distance in rear of Mai. Ma
ruders battery; he informed me that we would
e unable to construct the road any farther until
he firing from the entrenched camp had ceased
e ordered me then to accompany him in a recon-
oissance that he about to make farther to the
light, to see whether the direction of the first road
ould not be altered. We reconnoitred there for
ONE time, but unsuccessfully; at last we stopped
n the middle of the Pedregal, in almost direct
me from the hill of Zecatepec, and the village of
should suppose threelourths of a mile
rom the Understanding the operations then 60
lg on. After having been there about an hour,
Ouced movement of troops in the direction of
AN Angel | then looked at my watch and found
nat it was few minutes after 3 P. NJ. The reason
my looking at my watch at the time was, that
thong hit by the altitude of the sun that it would |
too late before troops could be sent in that drec-
on TO support Riley and Cadwalader, who had al |
sady moved in that direction about three-quar-
RS of an hour afterwards | noticed a body of |
oops moving in the direction, appearing to have |
Dme from the hill of the Zecatepec, Or in that di
'cton. After coming up to our position, Col. Nor
IN came forward, and inquired for the direction |
en-. Cadwalader's brigade had taken. | applied |
len 10 Maj. Smith to allow me to go and conduct |
across the Pedregal; he permitted me to do so,
it'll orders to return Immediately afterwards. The
lrds to strike again the path that Gen. Cadwala-
r had followed, and should suppose it took us a
tie over hour to get to the village of Ensaldo,
here we found Gen Cadwalader's brigade in po-
ion. About half an hour afterwards, as | had
st started to report again to Maj Smith, met
en-. Smith, who ordered me to remain with him.
the arrival of the General-in- Chief know no.
ing. except that short time before starting with
organs giment, on looking towards the hill of
,catepec, where saw a large body of staff Off
rs and others collected, | thought could distinct
recognize with my glass the form of the General
Chief
The Court then adjourned to meet at 9 A. NJ, to-
brow
THIRTY FIRST. DAI-Aprl 90, 1913.
The Court met pursuant to adjournment, and
proceedings were read over by the Judge Ad-
cate.
Lieut.. BEAuREGARD recalled.
Question By Detence-What is the distance of
village Of Ensaldo from the mound you have
oxen of!
Al should suppose in straight line it was very
arly two miles,
Q-How far was Morgan's regiment from You
zen you first saw it coming towards you in the
dregal.