The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-19


In witness whereof, | have hereu INTO set my hand
r, and caused the seal of the United States to be
H. 81 affixed
Done at the city of Washington this twelfth day of
June in the year Of Lord thousan nd eight hun
dred and weight and in the seventy second year
By the President: JAMES X POLK
JAMES BUCHANAN, Secretary of State.
Military Court OF Inquiry.
FREDERICK, June Ia. 1848.
The court met this morning at o o'clock. Present.
all the members The minutes of yesterday read
The Judge Advocate read letter from -, of the
to biographical engineers stating that Col Albert
confined to his bed, in Washington, by illness.
The examination of Brevet Lieut.. Col Duncan was
continued
Cross-examined by the prosecutor.
Qln what character has witness followed the court
from Mexico to this place?
A-As adviser or counsel to Gen. Pillow.
q Did the witness volunteer his testimony yester-
day. In defence of character of Captain Ker
he hrst asked by the defendant what he knew Of his
character!
competent to judge to his character for veracty and
in justice to his reputation as man of honor which
was being assailed.
Q.-The witness has said that he has known Captain
Ker since some time in 1885 or $50 The witness will
again endeavor to compute the nuSnber Of weeks or
mouths within that time that he has been within social
reach of Capt Ker!
Al don't know. l think was with Captain Ker
about two months when first knew him | have met
him. stated before, frequently since that period,
and previously to the army going to Corpus Christi
The exact time hare passed with him these occa
|
went to Corpus Christi which must be now nearly
three years (and it will be three years next September
since arrived at that place. have served in the
column with Captain Ker, with the exception of few
months during which he absent. During this time
have seen as much or more of Captain Ker officers
usually see of one another serving in the field.
Q.-During the last six hundred and seventy five
weeks has the witness had social intercourse with
| fifteen weeks!
1t Col; DUseAs (the witness The prosecutor will
| n NIL bliGad tn do 40 hv tha
Gen. TowsoS-What is the objection?
| 1t. Col DuNcAN-The prosecutor is so good at his
! arithmetic, he figure it out himself.
Gen ScorT-l ask the court to have the first ques-
ton read aud see If it is properly answered The wit
| ness will keep his temper
1t Col DUNcAN-I am not here to anwer mpertinen MT
| questions.
Gen. Scorr-You are mpertinent, sir am under
the protection Of the court call its attention to
| your statement that the question is impairment.
1t. Col DUScAN-I also am under the protection Of
| the court
Gen. PILLow-I call for the reading of the answer
and insist that the the witness has just given
| be recorded
Gen Scorr-I beg to call the attention of the court
| to the language used by the witness
Gen. TowsoN-This must be stopped The court is
signed it. 1t will not allow any dsrespectful language
to be used by any The question Is not certainly
couched in respectful language it might be, but
| the answer is not in good taste.
! Gen. PILLow-The question is offensive, sir.
Gen. TowsoN-That is a matter Of taste, sir
| The JUDoE ADVOCATE read the question.
Gen TowsoN-The court is of opinion that the sub
stance Of the question not Objectionable The wit
| ness can answer 1t in proper language.
| Al should think had-I cannot say positively
As 1t Is impossible for me to compute the exact time,
will state that duties have thrown Immediately
| for six mouths consecutvely 1t idle time and
the camp compact, and the officers of it one
another nearly every day This at Corpus Christi
1t impossible for to calculate the amount of
cial intercourse of hour day, half hour
other, and ten minutes another and this running
through twelve years. cannot estimate 1t accurately
Q.-By the Defence-Has the witness had, during
his services in the army, since 1t went to Corpus
Christi, much intercourse with the officers of Captain
Kers regiment, and with his acquantanoes generally
in the army and has witness heard his character
for honor and veracity impeached in Court out of
Court since his first acqua ntance before this attempt
1 OF the prosecutor
Al think that question Is answered by my previous
testimony could not have held social intercourse
with Captain Ker, any other man whose character
for veracity under oath believed could not be relied
| upon.
| Col. w. G. BELxNAP, Zone Of the members Of tho
| Court) sworn for the defence.
He testified that there but little social inter-
course between himself and Captain Ker but that from
all he knew, he believed him to be man of veracity
| and honor.
Col w s. HARVEY I'd Dragons recalled for defence
Q.-ls witness now, and has he been for time,
personally unfrendly in his feelings towards Captain
ker! Has he had official difficulties and collisions with
| him!
| A.-Nothing PERSONAL nothing but what came from
what considered his neglect Of duty. and improper
conduct otherwise His conduct has been such that ]
could not notice him gentleman. have or
| twice preferred charges against Captain Ker.
Q.-Witness says he has preferred charges against
Captain Ker once or twice. Was he convicted under
| your charges acquitted?
Al don't remember; my memory is very bad.
Q-Has witness ever heard of an attempt being made
in court to mpeach Captain Kers testimony before the
present!
Two affdavits were put in by the defence.
Whtman's affidavit to this efect:-That being
in Mixcoac about the last Of August he was in n 90
vivial party with paymaster Burns, who singing
and reading his poetry and songs and at the
time Burns read letter very similar to the Leonidas
letter. that he Whitman took that letter and gave it
to MIR Voss who was either to take it himself hand
1T to the British courier If he could not go himself to
Vera Cruz; that Gen eral Pillow not Of this party
Whitman lives in Vera Cruz.
Colonel. TRoUsDALE tcstdes that about the end of
August last General Pillow forwarded for him letter
to his, Trousdale's, wife
The court then after some re marks from the parties
upon the subject involved in the following decisions,
closed the doors, and decided
l. That il the witnesses who have been summoned.
arrive before tomorrow, at noon, the court will con-
tnue to examine Them but will close the evidence at
| that time. If no witnesses are in attendance.
3 The court further decided that General Pillow
would be allowed the time asked for that is till Wednes
day next at IL O'Clock M for the preparation of his
summary, and comparison of the evidence.
g. The court further decided that a summary and
comparison of the evidence by Major General Scott,
will be received simultaneously with the like paper to
prepared by Major &c neral Pillow and that the court
would Immediately after close the doors and proceed
| to their final disposition of the case.
The court adjourned until to-mor at IL o'clock.
FREprRrcK, (Md.). June Is, 1S4s.
The Court met this day ut IL o'clock.
We observed in Court. Secretary Marcy. General
Twggs, Col Totten Of the Enginees Corps, Col Albert
together with goodly sprinkling of Gods first and
best gift-bcss their hearts.
Gen. TwtoGs was recalled for the proscc uton.
whilst this witness being examined, the Herald
Of Monday arrived The article upon the Court Of
Inquiry attracted very general attention, and the
members Of the Court appeared to enjoy 1t amazingly
General Cushing observing, Well. II that's not poe
try, it's true ~ remark pretty generally conceded in
by all who read the article
Gen TwIGes was examined as to Captain Kers
character He stated he never knew anything
against 1t, and that he would believe him his oath
Gen. Scott put a question, asking If he (Twigss had
not once twice cautioned Scott not to trust Captain
Ker's reports.
Gen Pillow objected to the question; II was against
the rules Of the Court to suggest TO the witness what
he was to
Gen. ScoTr. You mstaken-the question is
merely to refresh the witness memory.
Lieut. Col. DuScAS.-Ycs it's very refreshing