The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-13

mandant Of that regiment, on the 18th November,
lS49 -
CHARGE FIRsr-Disobedience Of orders.
Specification First in this, that, or about the 9th
day Of November d. lsi9 the said Captain Richard
o. s:s s shs
by the commandment Of said regiment dated Nov
ls4e and which, among other matters, specified ssol
"The regiment will assemble ON the day designated
Thursday, the 18th in.t in Chambers street, with its
left Church. At O'Clock, A. Nj the officers wearing
the usual badge Of mourning on their left arm and
sword belts The line will be formed at quarter past
And the said Captain Richard French being SO ssrv.
ed did the 10th day Of said in the city OF
New York. fail to obey said order and did not appear
on duty with his said company ct the time and place
specified therein until two hours after the time
appointed for the formation OF the regmental parade
and after said regiment was formed and in brigade
line
Specification Second-In this that the said Captain
as aforesaid the 10th day of November last past In
the forenoon of said day In the city Of New York Ia
heurs after the time appointed for the Of the
parade and after said regiment formed
and in brigade line did neglect to halt bis company in
conformity to the order Of his superior aud
ing officer. while marching his said company directly
in front Of raid regiment.
CHARGE SEcoSp.-Un. officer like conduct
Specification Frst-In this, the said Captain Richsrd
French at the time and place aforesaid did while his
company taking It's post in line approach his
handing officer and express his surprise that he had
been ordered to halt his said company aud his belief
that bis said commanding officer could not have 80
issued said order
II will be in the recollection Of the reader that this
out Of the fact of Captain French having
coureousy escorted the First Regiment Of New York
Volunteers to the funeral procession and his being
tuay epgsged in that honorable service at the time
the order given by which accounts for his delay
In not being the ground at the specified time and
also for his not being able to obey the perempoy order
to halt without insulting the gallant corps who have
won uEfading laurels for the city and State whose
name thsy bear.
The court ordered by Brigadier General John Even
consisted
Major Daniel c. Hyde, Of the 18th Regiment Presidents
Captain Jacob Raynor OF the 10th Regiment, and Cap
tain John II. n. Prudhomme. of tina 18th giment,
members and Captain John McGrath, Of the 10th Reg
ment, Captain Thomas Murphy, OF the 18th Regi
ment, and Captain James Boyle OF the 12th Regiment
supernUmersry members. Captain Boyle did net ao-
pear, and Captain MoGrsth was without his uniform
The time ARD place OF the trial not being generally
known, the attendance Of civilians very small
OF the gentlemen present being officers OF the militia
Among them noticed ColoDels Morris nd Postley.
Major N. b. Labau Judge Advocate appeared as
public prose cutor and Colonel Stebbins
The court having been sworn and organized in due
form, Captain French who lot assisted by counsel
objected to Captain frudhomme, the ground of his
belonging to the came regiment and therefore liable
TO be- more or lees under the influence Of the Colonel
besides the lwii likely to spring up between officers
Of the sane regiment, for taking part in courts
tia against each other also because Captain Prud.
homne made Of certain expressions upon certain
occasion which defendant considered prejudical to
his case.
The roem having been cleared, the court, after a
short deliberaticn announced that the objection OF
Captain French was sustained aud cap.ain hlcGrsth
supernumtrary, appointed full member Ia his
stead.
Tre,ident--Any objection, Captain French, agsinst
my Of the other members Of the court,
Captain Erench.--No; the other gentlemen are all
well known to the public. have not heard that they
have expressed any opinion.
Preside nt-There is one member Of the court with
out his uniform Captain McGrath); do you make any
objection to the case now proceeding! He has sent
for it
Captain French.-No, sir; shall conduct this case
upon the principles OF honor and take vantage Of
The Judge Adv cate then addressed Captain French
In low tone asking him whether he had any objection
TO the amended specification, the day of the onlh
upon which the offence was charged not having been
stated in the original copy OF the charges served
Captain French said he would not avail himself of
that or any other technicality.
The Judge Advocate then proceeded to read the
charges ne above, and having concluded
The President Of the Court put the question to the
accused In reference to each, Are you guilty not
Captain French pleaded not guilty. to each charge
and then objected to Captain Boyle sitting in futde
The Court, on consultation, declxred the objection
was good and that Captain Boyle was now insligble
the Court having been sworn and organized aud the
The Judge Advocate then stated that the witnesses
were ali present except Adjutant Emanuel D. Hart,
Colonel stebbinsI ask the court to adjourn a. II 4,
now orgsnzed, in order to give time to the at
Captain French object to Colonel Stebbins ad. |
dressing the court; he has no right to do lie 10
here as wtness and the Judge Adyocs is the prose-
eutor Who has the exclusive to conduct the case
As the latter Ia professional man and as have no
counsel here think he Is more than M Itch for me
without the assistance OF the Colonel.
The President Il the court said he thought the de-
ndant was wrong. The complains at had place APP
pointed him In the court, and could address it.
his objection.
Colore ell s,,btns raid he as prosecutor, had right
10 conduct MS own cause, from beginning TO end
Captain FrenchBut the prosecutor IL the Judge Adj
voc.te and the Colonel only recognized by the laa
The Court then looked into the law authorities on
the suhjec. and after consulting together for short
time the President asked Colonel Sebbns whether
intended TO conduct his case all through
Colore Stebbins II you ask me with view of ascer.
tanning the course intend to pursue shall you
once but appears that the fact must be frat
bsbed whether have Alright to address the court at
Pre,ident-An find In the book H. that complain
ants have place in courts martial, aud may appear.
Captain FrenchAll want u.s. that these proceedings
be conducted with pIopristy aud order wish to be
cool In this court and i would be conducive 20 hsr
mony II Colonel stsbbps did interfere vita the
to guard the interests OF the State. have at home.
law authorities which do not that table, to
which could refer la support Of my position mean
TO cite the other points the course Of the trial
IL there no Objection therefore from the other side
TIL those books can be produced. think, no viewer,
that common sense 'ies IL the ought TO show
you that tie Colonel has not the right he claims.
The Court after consulting with the Judge Advo-
cate for lev moments gave judgment that COL Ste6
hens had no light to address the Court except ~
witness In opening the Gaze The aE states that 1.-The
Judge Advocate Is the prosecutor"
The Judge Advocate then stated that the Adjutsnt,
upon whose testimony the whole depended, was
out OF town, and the court could not well proceed with
the Gaze without his presence
Captain French-io u can go en- With the other Wit
peses; Col. Stebbins is witness TO portion Of the
Judge Adsoc.te-Itisa rule Of courts martial that
when any point be proved by other witnesses than
the complainant II IL better 10 examine them in pre-
terence, Tor this course gets rid OF all ~ feeling In the
case course which sn cure Captain French would
be ~ much disposed TO follow any body.
Col Stetbins then saii soto recs to the Judge Advo-
cate perhaps Captain french will admit what the Adj
jutsnt can prove
Judge Advocate, Qn loud voice) i do not advise
Captain French 20 admit anything; but |! no admits
the pecn ;aun charg ng that be ordered to halt,
AdJu,ant Harts presence will be rendered unnecessary
Captain French-The gentleman will not asa TO
admit what ~ not true si BE- able 60 prove there
other Ia the besides the omission
II date IN the specification
The Court then enquired what tine the Ajju.ant
woulo be home aud the Judge Advocate replied that