The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-20
City Intelligence.


City Intelligence.
The SUMMING AT TnE COURT MARTIAL UPON
CAPTAIN FRENCH
On Friday evening. the court martial upon Captain
Richard French for disobedience OF orders and I'M
oicerlke conduct held its nnal sitting at Mr. Risyr
Fifth Ward Hotel.
The proceedings commenced by the production OF
First Lieutenant Macaulay, on the part Of Captain
. former night was, that when Capt French sent
him to Col Stebbns with explanation Of the cause
OF his being detained from paradenamely hts having
offered his to escort ltbe New York volun-
tesrs-he sent him immediately after he arrived at the
srmory lot soen" after as the Judge Advocate had
1t upon his notes. The te,timeny was accordingly
corrected
French then proceeded to read his defence which
q very able and argmentstiye document. but too long
for space The Introductory part OF 1t stated that
If Colonel stebbns had relied upon his Judgment,
exercsed his usual dscf elton, and extended to hip
S hs he 80 Gt a asn
advice freely given by others there would b nc
necessity for that trial IL is at all times and under
all circumstances, dishonorable in officer &c,
jusy attempt to bring Disgrace upon another; sncif
ything could add TO the cepsure due to those who
knew at the very they attempted to disgrace
him, he was performing honorable duty to the few
remaining members OF that gallant regiment whose
berosm reflected so much honor this State The
charges against him frst that he not on tho
ground at the time appointed by the regmental order;
and sect ndy that be neglected to halt his company
when ordered to do 30 by the commanding officer ana
thirdly with usoticeriiks conduct, in this-thst he
advsneed to his commanding officer, and expressed
surprise that he should given the order to halt
He denied that those charges we're sustained by the
evidence. The first charge not disobedience Of
orders At all for o'Bren In his work military Law,
laid down that absence from parade being late at
parade was not disobeoience of orders, because 1t
could not be proved to be positive and wilful, sne
might be the result of error accident or neglect.
the Adjutant whom he described the spirit
from whom all this discord emanated he said the
rested entirely on his testimony. The ASutant's
testimony was as follows;-"I gave the order to
your company prior to coming into lins.' Captain
French continuing to march on, and supposing he
s the eoloneis order that you halt your company
He replied Directly sir CaptainItrench maintained
that the nrst Of th,ss orders i. VIE
natural he should consider the second order
. mere repetition Of the fret, With the addition o.
the words ut Is the colonel order" for sdjutant
has no command in a regiment. and can give no order
OF his own He commended therefore, that he did exc
cute the order Ms he Understood It, and executed II In
It's literal II that not according to the In
tenton Of him who gave it the fault not Captain
the accuracy Of bis testimony was not to be relied on
He had advised the arrest before Captain French
sdvice though he admitted he was late himself and
that the colonel was half an hour late also In
the fact Of his being arrested at the head Of his
company, and before the assembled public, and ct
solemn funeral, when there we're tire: days 70
for the defence, but by Colonel stebbins himself.
Captain French referred to what Ne bad sssd sssdt
humble ActnowiecgmeLt; that he had violated he,
duty mint. ntonaily T" Captain Vincent made ne
Captain frepcb) had the authority Of the Judge Al
yocsts for ,ayirg that OIL stebbins so consdsrod It.
nearly allied to that craven not to be gross
insult sn American soldier should humble himself to
his Ged Alone There wa. not particle Of evidence
But the Court believed him guilty Of this offence,
then the order ia the the prosecution eontsnded
for, would have disgfacrd him aad his command to
obey IL aud no officer Is bound to obey sech order.
He was one among those who presented to the New
Of Chsputspsc He loved the tattereS folds .: that
fsg, and be could not bring himself TO insult H. Fur
ther-ths ismsnted Col Baxter had been hi, ca,tsia
end five other octrs 81 hat regiment had served I'M
der hin, Captain iIeDcn) in the same company The
Colonel, BY ssyips hs aid not know WAS sxorting
The volunteers when he the order to hale implies
that IL he had known IT, he would not have given the
order Captain Preach then proceeded to point out
ssrg upon obedisnce harsh or d.honorabls orders
Another CAPITALS ou the .sme day, without permission
longing TO another city, ans although he was an hour
late st parade In consequences he not court
Another tfncr Was al.o absent, but was allowed &c.
make an explanation TO the colonel, privilege that
sis seins 10 ~, h la. "a, On Tie contrary
charge sgain't linn Of unoficer. like conduct. The
,spiAin concluded In these words -" IL the Court
rhsl decide that an guilty of dsobedience OF orders
then will never rsgrri tue los. of commission which
could be h.ld ONLY by dnhoneriog &C. prize my cha
iset.r higher than ny en- mssion, and he whs dses
not - unworthy To- hold one
The judge Advocate then replied. lie said =" But
afss months sisc. -nessed the thorough and entire
formation Of the I2th regiment composed II f. OF
gentlemen and ,oidisfs- and commanded BY gallant
and true h.sItsd gellstnsu In view OF the perfect
harmony that existed r-rim. Mt ala in my inn
sgnstop hksn IA VI aud quiet to the slum-
ito gss.y surface and deep surss. from its bosom Ar,
rolled lsziiy upon the candy beach But tits al
vsys thus for soon is h-s that OF nature the
urscl q he rtrd he hofp.
winds goes BY aud high mystsrious sounds &c,
the st.rtl.d heavens be Earth quysrs and the hill
eirt tea through its dark Of troubled vatsrs
hsaves meaning to it, Questionable abyss; aud that
once pesc.ful ocess Is lsst. into fury aud the wsvss
rrsb one upon the other like msddened st.eds upep
the battle ned. Let the 'fae.rs of that regiment and
the secussd nov k'Te b-wAre lest by fostering ths
eenrg 81 oitcord ava INDUCING la recrimnation and
invect.ve, they iRyoEe the -hirlsisd Let them re-
member that 70 forget manLke, but 20 forgive Cod
me- The Judge ADVOCATE then proceeded TO sdvert
the evidence fOr the defence soi the arguments for
The secured aud mentioned that the charges were
uisunety proved Hs quoted from % Brien, and some
other military authorities. In support Of his po-
stobs In references 70 Colonel Stebbins he said he
bad only performed very oisssreesbl. doty In brisg-
ing the aceossd To court martial Capt. French he'd
made bis mind NJ all hsz,rds, TO 60 through with
What he had undertaken ~. vas devoted to the
Nountesrs and ne has the more glory for the risk he
their mt, 10 dtscb-yiDg the orders OF his
Colonel. cspt.in Frsrch's defence one Of mys-
tihcstion, from beginning TO end
Captain freac6 then ro.e to deliver an oral reisin-
der 70 the Judge Advocate when the President Of the
Captain French said It agreed on the last night
that ne should hsveth- privilgge Of . rejoinder.
President Of the 'ourt--rbst "a . mistake The
prisoner 10 not permitted the privilege, except By
couttssy aud the Court win not grant IL.
Judge Advocate II fejoinder is psrI,itsed 20 Cant
French. shsll clsim . sur-rej oinder.
captain French ssd be could sh0w that the accused
bad the night Of the sst reply and proceeding
cite rage go 81 O'Brsn where the doctrine IL laid
down that the prisoner has the right 20 speak last
Tresidsnt Court has made ND Its mind. and
cannot bear any thing further In toe mater All
through this trial the Court hss INDUCED Captain
French
captain French--The Court has frequently msis.
ths statement but aust be permitted to hold ar
feftnt opinion, and must cay that the refusal 10 hear
my reply 90 the Judge Advocate does not LOOK like in
duigente 10 me, sfttr iBdu siDg bin In ss erstorc
dsplsy In which he mosed heaven aud earth.
Hoctis, sno misielrsentsd ae throughout. Csptalr
tferch then required exception t. BE- 20 the
d.cision
The Court then adj ourn- for quarter Of an hour
after which y made IT, decision. which u 70 be
vGded Tor approval 90 diss2provsi 20 Bfixsdi4r Ge-
neral EsiDg; agd uutl u Is returned rem him. IL