The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-20

would here characterize aud 1t wss too late to set
great Willingness acknowledged the Leonidas letter vo-
UNFAIRLY, for the benefit of the defence Gen scott
wished to submit argument to the court which he de-
sired should be placed upon Its record.
Court adjourned.
NiNrH DAy-MARcH rs. ls4s
Inc court met pursuant to adjournment. Members
were read
Major General scorr submit cd the following in wri.
ting
Msjor General Scott prefent before the Court of In.
curry as the prosecutor of certain chsrgss against Ma
JOE General Pillow, aud the said Scott being engaged In
the cro's,examinaton Of Psymaster A. w Burns, wit
ness for the defence respecting tho allegation against
BE- written and desT atehsd fer publication in the United
States certain letter signed Leonidas of the authorship
corded hmssfto be alone responsible without the agen
oy or the knowledge at the tins Of tbs said Pillow and
the said Scott seeking and doubling by facts to be
ELECTED In the cross-examnst!on to impugn and i'm
peach that declaration Of the said Witness by showing
bis hsb OF communicating his newspaper pufs to the
said Pow-caused to be put to him from the record OF
the court the frat of series of questions
the following:
'sQmestion Of the prosecufor.-Has not the witness
written letter or letters 9th than Leonidas for pub
LEGATION At home, highly lsuditory of Major General
Pillow and has not the witness shown such
letters to the said Pillow in manuscript or forwarded
open, such letters through him for pubca
ton at home with without his the said Pillows
"Whereupon, the said Burns hssItatiug to answer
tnat question, the said Pillow In support by srgu
mon OF the heeitsncy of his witness when partly
before tbs court closed deliberate the
and partly after the court had pub cly announced Its
decis on that the witness would not BIS compelled to
swer tho II he should say that thereby he
would criminaie himself and when tho witness had &C.
tusy made such declaration said Scott the two
OCCASIONS offered tho court the following
remsrks, suggestions, which hs now permitted to
reduce to writing. and place upon the record of the
court las bis argument and protest against the said
Mr. President and Gentlemen Of the sad Court
=. ~ now too late for the witness, whose memory
Is nero non recordo the other to decline answer
iog ene question upon tho record lest 1t crimnste
Instance Of the defendant and for bis benefit whose
witness he Is guityof the published letter signed Lson
idas and the penalty of that single admission prose-
Tor tho writing Of such letter fatal tho writing
OF ono hundred-the denunciston of the Presidents
General Regulation published In orders, January %
Private letters reports relatv.Ito military marches
and operations are frequently miscellaneous in desgn,
ana always disgraceful to the army They are there
FORE strictly forbidden; any ocer found guilty of
making such report for publication without special per-
that it finds its way to the press within month after
termination OF the campaign to which it relates, shall
be dismissed from tho SERVICE
Tho official disgrace of the witness Ia therefore
plete.
And Me- President it is now also too late for him to
set up the possible loss of private character against
swerng the same question: the Defence when
under examination 10 chief-hs has further aoknow.
edged upon the record of the court that he had pur
Joined, from private apartment of Msjor General PHI.
low, "a important paper or clandestnely made copy
OF such paper must however bow to tho decision Of
the court and conduct the future examination of
the witnesses Is well a. may.
"Mexioo, March 25, ls4s .
Gsn PILLOW rose, ond said the reading having been
hniehed that he wished to call the attention of the
to the fact that there in the paper submitted
General Pillow wished the remak to be appended that
paper that Gen Pillow had waved all objections the
crose- examination of that witness"
Msjor BURNS hoped the court would please allow him
something thg dav vii
In restion to writing the Leonidas letter, with to
state thatit Va: written in my own office end notn Gen
Phows, a. might be inferred from my evidence yester
day. He also begged permission Of the court read
pepper he held in BIS hand
The court, after some deliberaton allowed It to be
Witness then submitted the following:
Cen soos, INC questions put 20 me ~ MAJ
exceedingly offensive to myself TO every question pro
pounded BY the court shall endosvor to give
military court witness to the best Of my reoo
lection before civil one altogether unacquxint
ed with proceedings in such GASES therefore, respect
fully request this protect from insult whilst
60 situated that cannot protect myself
Respectfully submitted, A. W. BURNS.
Tho Judge Advocate ead he was erected by the court
to inform the witness that he would be protected at ali
times BY them and whenever he Gsked any question
which he considered dsrespecfu or improper, he might
appeal to the court
attached to Mejor General Pillows DIVISION and at whose
request
At was At my own request to Msjor Kirby.
Cen. P--The witness has said he saw the battle of
Contreras Over what parts of the field he and with
whom, and between what hours?
A. went out with General Pillow On the morning Of
the 10th; different parts of the field was on
the brow OF the hill, and Meor General Scott thsre
did not leave the field until after dark
ntsh the witness with paper and many kinds Of
ink end be that witness be required
to write the words in the to be given
the witness from the Leondas letter by the Judge Advo
cate-each word several times
Gen remarked that bis ENJOY would
servo him. tho facts Gen
r had supp the hesiiancy Of his witness Gen. s.
ssid there was an impression which he hoped would
take possession Of this court He said that in
amin atiop the party doing where the witness showed
himtslf nose Of wax in the hands Of party unw
ling to answer to this question OF thu other party
justified indeed obliged put many questions the wit
ness In order to ed the TRUTH which often ct the
bottom Of a well had to bs pumped up He hop.d the
court would not take impression prsjudcia to him
from that fact as he had declared he expected and in
tended to impeach the testimony Of that witnsss
Gen. +. said that the proposition made by Gen
truly extraordiaory-so much so that Gen. s. had to
preface 1t by the remark that he hoped the would
not feel shocked at it. The court has the vndic
tive character of the prosecution. (Hcre Gen. r.
called to order
Gen soorr said he was impeaohing the testimony OF
the witness and this was Of the modes taken by
hint was not the only mode Gen. Scott wac here
called to order and both parties notified that their
lions must be submitted In writing
Gen Scorr then submitted his motion In writing.
The CouRr declined to admit the motion of Major
Gen Scott aud ordered II to be placed on the
Gen. scorr asked if he was to understand that thr
court to his impeachng the testimony Of the
witness?
The CouRr replied no; certainly not
Gen. is the handwriting Of paper No. known to
wness and If SO In what relation docs the writer
to Gen Pillow?
cannot say that recognize the hand writing.
Gen. P-Lcok at paper No and say whether witness
has heard Of that paper previous to the meeting this
court-bearng strong resemblance to Leouidss, auo
having nterlneatons in Gen Prs hand writing?
A. have heard Of paper bsDg in the possession Of
Mr. Freaner similar to this In character with the inter
linations in Gen P.'shand writing. ~,
GsN. P.-Has the witness heard Gen. P. speak
the subject CT certain paper Mr. Freaner had In biz
possession and il at what time and place and what
did he say?
A. cannot recolect what he said ON the subject;
have heard him speak the subject in
eation In his ofce cannot recollcct the time; hare
had been written by his clerk ink he said with biz
own nterlinaons and which hs causcd to be handed to
Mr.. Freaner.