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

Al men mnst'be sensible how difficult it is remember
every tnng we nave said-months before-upon subjects
Org should teach charity in Judging Of the conduct Of
others Upon different principle Of action, what would be
thought and sad of the testimony of the himself
lie has sworn that he gave the order for Morgan's Regi
ment to the pedrega the 18th August yet wit
dcrs, and route before Gen Scott reached the field
lndePsndsnt Of hg pepondeanee Of sx e one against
TO oyeun Gen SCOTS statement, shall hereafter show.
in his testimony before this Court that Col Hitchcock had
shown and read to nm the Introductory article 10 the
pamphlet OF intercepted letters yet next day he came INTO
Court and positively denied his former statement made the
/ previous evening.
Again It is within the recollection of the Count and ali
PeTons pe5ent ~ the tine thai when the lntamoH?y false
under arrest under charges awaiting the appointment OF
court for trial and discussing the very matter with which
was charged cacalaed and intended to prejudice the pub
10 mind and cause It to PREJUDICE the very questions on which
was to be uied-puliShedn the New York Courier En-
quire and false IN almost every particularly when this let
ter produced before this coul and about to be fixed
Iait ar % t eUn rose ani
said, (aDd repeated the asSeyeation than OnCe that
he had never seen that letter before and had never known
that sucha letter was written yet Col Hitchcock in few
minutes Afterwards, that he had shown this let
s t. Gn 6eo a. and f 6sd read parts OF to HIM before ne
Again 1t will also be remembered by the court that when
! WITHSTAND it proved that he had both and
aa eaq % P9s o. le eGna5 Cen SSo asa9
that letter read so help me God several times repeat
ed this solemn aseveraon yet this witness afterwards
proved thai ne had read nearly ao the Infamous production
have no remark to make in this place about these inaccu
rate and contradictory statements under oath, and these
solemn asseyeaons proved TO be false by his own witness
only speak of facts they appear record and known
to exist by this refer to them feeling OF euita
ton but in that of deep regret as showing the alty OF the
human memory. They should teach the prosecutor charity
in his Judgment Of the conduct Of Others They should
mind nm that his own testimony, given under strong feel
ngs and bitter hostility and powerful motives evnring
much nfrmiy might not itself receive full confidence from
intelligent and public if he adopts rule
rou in reference other witnesses, especsy in reference
to those whose testimony IS strongly against their own in
Having thus sgnalIy failed connecting me with the
Le0uidas letter even after producing in testimony the
mostSdHeteSS JG5ea00aS-ne mined ncL
to be lnced OF his and OF his injustice to his victim
last prove that the letter had ben transmitted hrou
the United States Paymaser Buns said he did re-
collect through what channel he had sent he ettethat he
Iv Of nv I6visiop and # Vas o5sIe ta3 he nig6f have
Transmitted this through me, but that He could
he had He SAID be knew however, that he had shown
me the letter nd u he had sent through me- 1t was sealed
How the fact did no-petend to know for it was my
habtas but few facilities existed TO enable the officers TO
correspond with their tamiesJo transmit all letters which
they requested me TO forward whenever it could be done,
is proven by witnesses Though would have been
Wholly ummPo "a Y mad transmitted II and known that
lad Gone So In TINS emergency the prosecutor again calls
upon nus ever pregnant and neverialRg wines Mr..
Nicholas Trist (Who had last that the inernea-
tons made by Judge Walker in the city of New Orleans
my handwriting again deliver himself Of his
last day of August A. he received from package
tanning six eight letters, accompanied with noteHGrFed
one or more M Iette 10 t6e n MT pr more WIZ" tb
Union =" more TO papers nLFennessce,' and
ore OF more to some papers IN Alabama and that he be-
thought probable that he had sent Oft the whole package
Wen God would have it. (tGr he will protect the inno-
cent OF the eight letters which lst swears this package
contained have proved that six of them TO the
and female relatives OF the officers OF my Division one other
NJ Tst proves was to my wife leaving but one, instead Of
letters to newspaper But proof does stop
the package to Mr. st and further that 3ert army had
entered the CITY Of Mexico, he the identical package
quarters, apparently unopened and learned from Passed
Nidshipman Rogers then my acting aide-camp, that he
had received from Mr. Trist-ha this package was still
tiaA of rod f4he
bound when he delivered TO Mr. st and that he learned
from MI 6oge that = was sent Oh nom the My OF Mexico
eftihe CIV Of Mexico on the 2lst Of epember could not
possibly have reached New Orleans before October 1swhe
published in the Delta on the 10th September full twenty
days before possible for any letter which this
package to have arrived in that city.
OF this witness Agreeaby to his accounts, the package
was delivered to him the 3lst day of August Mr. Aagn-
proves that the Leondas letter arrived in New Orleans
very early on the morning the sh of September Going
hs letter from The valley Of Mexico to New Orleans BY pri-
vate courier when almost all communication was cug Oft,
when required from the 23d of Augut to the Sth OF Sep
embersxteen daysor the news OF the armsce to reach
not possible that time for letter leaving Mexico upon the
3lst Angus and going by the private courier employed by
morning Of tie 8th septsmber s'~'''' ''''''
And finally utterly 10 sw sp away any yesge of poba-
bily in the testimony of this witness the deposition Of Mr.
Whitman clearly proves that he sent of the Leonda letter
himself and that had neither knowledge nor participation
have disposed of this second fiction Of the selfsyed
all impartial minds that am wholly innocent Of any connec
uor with letter which has annoyed me much its ex-
ceye praise OF me has disturbed the seeeem Of the
might materially strengthen the argument upon this
branch ofthe case by drawing comparison bey en- the pa
pers themselves showing the corroboaton which
But the prosecutor charges the existence Of this analogy
and bases ms man argument upon It, deem unnecessary
to attempt to prove what not conrOveed but admitted
Hsyug thus disposed of the first charge and shown asT am
persuaded that utterly false that had
subject of the charge than had the prosecutor him
self Twill proceed give line first specification of the second
charge such attention as deserves.
Ills charge assumes that had written the letter upon
which the first charge is based and then proceeds to point
ont distinct paragraphs what the prosecutor pleased TO
denominate aebOOds in that paper II has been already
shown that this assumption fae-at Paynaster Burns is
true or false In the course OF tbs lnyeSgauon all man
statements OF fact have been incidentally to be true
orbeaT to make any remark about the excessive laudauo2
Of myself, that emanated from source which
had control that was undeeryed and that has cost
the second specification under tins charge relates the truth
Of this Feaner paper (caed by the prosecutor twin pa
or can be heda irresponsible forth eonidas letter shall
without further remark proceed to the consideration OF the
This Specification charges that knowing that Gen Scott
could not early day make out and send off his official
reports that sought TO Ioreal public opnl1 in the United
States thToug the press thereof and with that view
the correspondent Of the New Orleans Delta, the paper No
oI INDIGESTION II sad nespapet or n 6 10 pc IN
9oe ana that Tins paper idett A. a. lar as y gees with
ieleft ana In tle same uFttCbtufS uH
respects the SAID letter
In exaBiuHg tbs peciceton and the proof relied upon
to sHsanit w t consider whether the facts stated there
not substantially true and then look 10 the motive
charged.
The first statement in this paper, the accuracy Of which IS
brought in question By the prosecutors that relating TO he
order Of battle and the disposition Of De forces the 18th
August the battlefield OF Contreras As this statement IS
again brought in question the third specification and
there made the yaUemca OF distinct charge shall here
erey refer to the names OF the witnesses who clearly and
ullyprote truth These are CAPTAIN Hooker Lieut. Rip
ley, Col. Riley, Gen. Cadwaiader Col. Savage, Capt Bo
L ganlus Lieut. AloClauahan, and Capt ker
The next material paragraph relates to the batiede-
scrbe the conflict Of Riley with the enemy, speaks OF the
appearance Of the large reinforcement under santa Anna
Of the order Morgan FegnneR OF The arrival OF General
Scott upon the field late the evening" OF the arHva OF
Shields brigade and says that did not get INTO position
until II was dark The parts of this paragraph which are
Controversial ale FIRST the order to Mogans regiment
secoad the hour Of Gen Scott arrival upon the Held ana
kird the time at which Gen. Shields brigade arrived az
the village of Ensalda. n
shown 10 have been delivered by Capt Hooker my Asst
Ali Gen. before Gen. Scott reached the field.
As to the hour at which Gen. SCOT reached me ne %
bse ol ffrkrock fixes the hour precisely at clock 10
rs ssi, iie ys Thai he locked at his watch and that
twas minute earlier OF aief lht ne eheieu tAe