The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-07-23

Here ends the proof upon this scandalous imputaton
and what commentary does il present upon the de
pravty of the human heart!
was accused of having made the lnerllneatlons IN
the letter, and the prosecutor finds two witnesses who
Though OF Them Freaner, he had never seen
me write but two woTds) swear that those lniernea
tons in my handwriting, when at the very moment
they were made was across he ocean from the person
who made them
Ii is impossible to believe, for one moment that the
witness FIeaner ignorant OF the handwriting OF the
leading editor OF the paper. OF which he the
slant, regular correspondent In regard 10 the witness
inst the sequel Will show 10 what weight his testimony
is entitled
1t having been thus clearly established that MAJOR
Burns IS The author OF the eonidas letter, that had
no agency procuring TO be writen-the internea-
tons having been proven TO have been made by Judge
Walkerihe analogy between all three papers having
been explained upon principles perfectly consistent with
my innocence independent of Major Burnss testimony
II would almost superiuous for to enter into
any further defence OF myself IN regard to the charge
but the repeated assaults of the prosecutor
futile they may be fact upon the character OF MAJOR
Burns might unexplained tend to impair in degree
the weight of his testimony, will briefly notice the par
ticular points of that witnesses testimony which il is
thought by The prosecutor initiate against the truth
The prosecutor has proven By two witnesses that after
the Leonidas letter had been published and returned 10
the city of Mexico II produced much excitement and
talk and after Gen. Scott had arrested Col Duncan,
MAJOR Burns denied that he had written the Leonidas
letter as ii appeared in PRINT in the Pcayune.
This DENIAL OF the Witness though somewh hat technical
nevertheless strictly true proven by compar
ison OF the original manuscript with the printed copy in
the Pcayune that there are important interpretations
known the New Orleans hoax upon the original,
the printed copy, which justified Major Burns III repud
ahng the letter as an entire production.
About the same time, however, when he denied
that he had written the letter il appeared print,
| is proven by MIR Benied, Col Duncan, and Mr. Whit
man, that Major Burns said he had written the Leon
Idas letter, (he Originally but that he did not want
anything SAID about it, as he knew Gen. Scott wosh
him. prefer charges against him. and probably DIS
miss him from the service, which he was anxious to
avoid.
1t was not until was arrested and had charges prefer
red against the author Of that letierwhen be
innocent suffering for his act That he openly and
pablcly avowed the authorship While do not justify
the witness in thus trying to evade the consequences OF
his own act by technical denIalto questions which
had right to ask yet regard that
conduct proceeding from mdlty) affecting his char
for veracity upon his OATH especially when he
sustained by the production OF the letter ITSELF and BY
every other circumstance proven in the cause.
Major Burns, IN his examination before this court sand
that he had not denied the authorship; he had
jocosely. The witness had doubtless forgotten the
marks which he had made the two witnesses several
months before he considered himself as having made
that denial loosely, or ironically
All must be sensible how difficult it is remem-
Der everything have said months before, upon sub
jects much talked Of The known fraites of the human
memory should teach charity In judging of the
duct OF others. Upon different principle of action
what would be thought and said OF the testimony of the
prosecutor himself
He has sworn that he gave the order for Mogan's
regiment to cross the pedrigai the 18th August yet
SIX witnesses hare poyen that thai regiment moved
under my orders, and before General Scott
reached the field. Independent OF the preponderance
OF SIX to against General Scott, Captain Hookers
testimony is of a character itself 10 cverurn General
SCOTS statement, as shall hereafter show.
Again: On the 27h March, lS4s, the prosecutor stated
in his testimony before this court that Colonel Hitch
cock had shown and read to him the Introductory article
to the pamphlet OF intercepted letters yet day be
came into court and positively denied his former state
ment made the previous evening.
Again 1t within the recollection OF the court, and
all persons present at the tme that when the UNANIMOUSLY
false and scandaous letter OF Colonel Hitchcock, (wren
while was under arrest under charges. awaiting the ap
polntmen OF court for my trial, and discussing the very
matter with which charged calculated and intended
TO prejudice the public mind and it to PREJUDICE the
very questions which was TO be ried-pubished in
the New York Courier and Enquirer, and false almost
every particular when this letter produced before
this court and about to be fixed upon its shameless
author, and through him upon General Scott, the lat
ter, after carefully examining the letter. and said
(and repeated the asseveraton more than once) that
he had never that letter before, and had
known that such letter wrten;" Yet Colonel
Hitchcock, in few minutes afterwards, swore that he
had shown this very letter to General Scott, and had
read parts of 1t TO him before he sent of from the city
| of Mexico.
Again II viii also be remembered by the court, that
when General Scott thus confronted and eontradce
by his witness and il proved that he had both
Scott again rose and sad 81 have never heard but very
few words OF that letter read SO help me God"-and
several times repeated this solemn asseveration yet this
witness afterwards proved that he had read nearly
/ all of the Infamous production TO General Scott.
| | have remark to make IN this place about these
inaccurate and contradictory statements under oath, and
these solemn asseveratlons proved TO be false by his
own witness. only speak OF the facts they appear
on record. and known to exist by this court refer
to them feeling OF exultaion, but IN that OF deep
regret showing the alty of the human memory They
should teach the prosecutor charity his Judgment OF
the conduct OF others They should remind him that his
own testimony, gwen under strong feelings and bitter
hostility and powerful motives, evncng much inhrm-
iiy might itself receive full confidence from intel
lgent and public, if he adopt rule rigorous in
reference to other witnesses, especially in reference to
those whose testimony strongly against their in
terest
Having thus signally failed in connecting me with the
Leonidas letter, after producing testimony the
shameless tisehoods, the prosecutor, determined
10 be convinced of his and OF has injustice TO
his victim--ike the drowning catching at straw
attempts last prove that the letter had been
m,ted through me to the United States. Paymasier
Burns SAID he did not recoect through what channel he
had the etterthat he had sent letters through
me, had the officers generally of my division; and il
was possible that he might have transmitted this
through me- but that he could not say he had He SAID
he knew, however that he had not shown the letter
and If be had it through me- it sealed and ad
dressed by himself. -
How the fact was, did pretend to know for it was
my habit but few facilities existed TO enable the Off
GERS to correspond with their famieso transmit all let
tiers which they requested TO forward whenever IT
could be done, without knowing and without inqung
10 their contents proven by many witnesses Though
II would have been wholly unmportant If had trans
mited il and known that 1 had done so. In this
and never-faing witness, DIR Nicholas p 1ftst twho
had last sworn that the Inerllneatons made by Judge
Walker in the city of New Orleans, were IN my hand
writing again 10 deliver himself OF his conceptions
who true TO his undertaking. that on the last day
OF August Isl7, he received from package contain