The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-12-20
military Intelligence.

mht"ry inteHi&ences
COURT MARTIAL ON CAPTAIN FRENCH.
On Tuesday evening, at O'Clock, was held at
Rey's hotel West Broadway, adjourned session Of
the court martial Capt Richard French of the La
fsyette Fusileers Company Of the 18th regiment
OF New York State Militia The charges stated
in a former mum Der were for dsobediepce of orders
and unoficer like coHduct
Major Bartlett examined. to prove the service
of the order on Can't French to appear on parade at
O'Clock the day Of the funeral procession in honor
Of General Worths remains Capt. French not
there in times Captain Vincent not there at ali,
and witness himself late Not than half the
companies there at the specified time
On question being put to witness relative to con-
VIBRATIONS subs equ.pt 10 rhe arrest it to-
and The court ruled 10 favor of the objection
Captain French pied to the decision, aud quoted
from page 254 ef O'Brien, as follows
"Any evidence wba.ev.r ia admssibJe in tina aat.n,s
which has tendency even indirect t. paate or excuse his
conduct as well IS that which tends TO exculpae him.
Judge Advocate-Yes but not irrelevant evidence
Adjutant Emanuel Hart was next examined-rh
after the brigade line was formed, he saw Captain
Frenchs com pany coming and when it got lust at the
rig Of the line he gave the following order nv the
Colo Dels directions Captain french Won will please
halt your covpa prior to coming into line - Can't
French replied VERY well. srD but continued TO
march on, and presumipg he had mistaken the order
witness repeated 1t emphatically in the folio wing
terms -: IL II the Colones orders that Won now halt
your pany' He said, Directly sir directly ~
Witpess then perceived Capt French was e.corng
the volunteers Capt French continued his march
past the and turned to the rear of the regiment
He in his place in the line in five nnutes after
the rider was given On reporting to the Colonel
witness was ordered 70 arrest apt French and give
the ommand to First Lieut. Macaulay which he did
On < III alton. wi de pospi that tho
Colonel ground at the time speci6ed in
the ORDER it about past nine o'clock when he
arrived the brigade line which ordered to form at
baltp past niue o'clock, did not form till about eleven
O'Clock; Lieutenant Macauay came that morning to
the parade ground with message Captain French
to the that it would be half an hour before he
could appear there with his company; witness said he
had no authority to excuse him but would mention it
TO the Colonel; Lieutenant Siacauay gave no reason
for the delay witness Jaw the corrsspondencs of Can
tam French the Herald that morning Offering to es
corr the volunteers the Colonel arrived in minutes
a.str n..Iau xka
line for short time for Captain French; the reason
why Captain Vince MT was not arrested was that on
finding he had misunderstood the order thiukp g he
for the special duty of escort to the re.
main. without appearing in the regmeptal line he
he most humble apology % the Colonel aud de.
sir. him 10 convey IL to the officers of the rerIent
Colonel stebbins had intended TO arrest him. witness
asked his opinion by Colonel Stebbins did say
that he thought Captain French ought to be arrested
before be came to the groupd Colonel Stebbius after
expr,sed his deep regret AT the necessity Of arrestng
Captain French and stated that IL was the most un.
pleasant hour Of Lis e he wished to ha We the matter
sm,csbly arranged before the order tor the
tial vas eerved. and he hoped Captain Freuch would
make rxLlapatiop and release him from dis
tr,fspg embarrassment: he said II sucb scenes fra
ouentJS sccurrea be wop,a soon loss an tasts for
military matters; it was within an hour from the time
the regime nal line was formed iii Captain Frenchs
comuapy arrived N WINS half An hour after tho brigade
line wn. formed the column did not move for aitssn
minutes to half an hour after Captain French com.
papy was placed in the line
Colonel was next examined: and after cor
tn. OF the Adjutapt he added that
Captain French approaching him in an excited man
~ l.. NJ possible
such m order to disgrace those men whom hays been
efcortirg witness .pIi.d was not aware that Won
y.r. doing escort duty vitpess thought II
French had been engaged in that service be had con-
clud.d a. he Jaw The CORES popdence in the HrraH
thar monng. he ala not zee anv colors bfoYs
Ir.pchs company aud the nrst he saw Of the Volun-
t,, vas WIEN t6.v were nassirg bi front he aid no.
kpow wi a, nosition tbev we're 10 have In the line
Hare .nf.in Erench nm, ouest;ons With n visw ~
cit,n, that ths M oye Of Colonel Stshbins On VIM
the order 10 halt Was Ia disgrace him 70 vheb both
Coon. stvbbin, and the Judgs obiectsd and
The ourt decide in favor of the objection Captain
French then mt ouestiops In another form to show
that m. ord,r calculated 10 make him b.liey. at
the time that Colonel S.bbn, intended TO di.yrace
him and that he vas not bouud 10 obey an order To
degrade himself for which he produced an authority
The Judge Advocate contep ded that 1t wa. ipcums
bent on 1tnip French 10 bov that the order was IL
legal IL WAS ali about the dt.gracs and tbs
wrong by going upon service that della ed him; and
he lad no right TO take advantage OF his sn wrong
Captain French was sorry to ses the Judge Adyocs
so sensitive It was no siap,rap matter for his cha
ract.r at stake for an offence that II proved would
h. a, a,h in var a, an p,ses lie commended he
vice he pleased not ILLEGAL without the order of the
Colonel
The Judge Advocate denied that position There
were no les but those b. by w. which
he read the act q the Legislature in the present
year
The Court again decided against the prisoner
his motive wss twoiold in directing captain french
halt; FIRST he wishet to what place could
cured fir him in tn. line and ,rconaiy he had not
bis MUD what 70 do In relation the arrest
aud h~ wisbsd for a moment for consideration
$500 80 "a -, - 80 ~