New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-01-21

oener ia Images color.d by envy prejudice and III
lnnumerable evil passions Of our MANURE
There IL wide and essential difference between "na
expected 20 Be proved by he Witnesses pf01sces
here for The prosecution. ard what the Whoe scupr z01
tendency Of he evidence 90 70 establish
punishment 'hs; ri. Court inlet And ~asi O1erses
have committed The testimony, the unim peaoIed ID
coarztc.sd testimony, makes NJ s1.F-i u Pi..'s ioe
on the ~ t preceding re day WIEN the people Of Ms cfT
pay ihs honor. - TIC remains - Afs 4isiin
sui-iel s0n. o. fhs sfse Whose v.roe. - men ard
Who ~ a,d ror-.re A. s0d-r- reflected honor on
ne nation was requested bT number 81 hose compr
g y psny tender a. an escort - ne s1ryvof- ~
,5e va, NJ. Regiment ~ Fouafeers svt0 30 n1ay
t.inol DO boror Of state and served under he
-rsrt or 60 W0ra. fD whose remains trey Desired
"a, -. or rfbI.e ~ respect TIE hour ,eh~a The r.
agesf AS made TOO se 10 enste ne - Olr-in ne
f-r1a consent r. mv commanding officer. blf re.Filg
,s. OBJECT. sccec-1 % me reques- and ny 0a-r
accented Ti- Is 1. beginning I'd me ..n-r Of .rs .-
rAe rer enl orders required rF command t1 appear r
parade H. a. u b.t ils,saHg ie order cale! mr. COM
pay together sf a. hour too ate and 'u .eIg de.n'1
ported p. nui UNAVOIDABLE for ~ same period NJ time
T ne Noun@ers, VA necessarily one Ao1T s'sr i.4n
ne the -lecea 900 'ae r"Flmena- order hen my com
mpTed for 'ae rrCimenal le j. lr evidence 't %"
moment my Fr-, Lieutenant srnred The arnory, -
grnen 20 gfsn He e4en.io Of time for he purpose Of
sorting ile New Yok NOgrteer.
All invite iHe par c-ar attention Of The CouI 20 i1~
i~enF- q a. 10 Witnesses Or me prg-'-cuon and a-o
neir confcng testimony Adll'ari Hart ars 4 he ei1
Ne" or Eoiui'eef., rendering them a. e-c'r' an -
asked he COooe n be- h-d gwen perm sson ~ PER
sIcN GliY iua' tffff gave p. Nfl'i
I'd tpl'nt4 >,eohlns ma 10 he were iAc GONNA ar
would Certainty arrest ne. MAJOR Bartlett Ai-o -if~et
suggested 20 ne Colonel thai should b. severely r"P-
aandsd ior TIE same oiense % "-ch le Wa 49, go.
,lo parade FOR he was bal; 81 holr se himself
although ue sweers he va on ne ground ia - or eisn
nnu'~ aer tts .me and that ne Co0no or il<ff -ie
Re n5ttsd l wa be seen by me testimony 81 dilani
HAT and Lieutenant McCaulel "Hich agrees gpen this
point mat the 1O0rel was rot On ne ground before =
JcOcs which ha hour behind time. and iha' De
Ma or could not have seen him when he arm Cd Unless ~
equally late. desire u ~ be distinctly under-i'p1f'
II
ina DO ~" 80 far forget what IS due 10 ny cn7
gentleman and officer az 90 sgsgesiO me Co
mel either - arrest hn, or tlt he should b. severely 70
prmsnd"d.'
The testimony Of Adu,an' Har alone psiae o. OK
dis vex4Ous ana frivolous prosecution. me ouifsse
c0ur'fcd 4pou me- AID NY command by affe--Ag me q
Us hcsd-ad also the feelings II Indignation tha' ac
.rol sel nd fie mind ~ pub O., vro had devoted ne
the solemn duiy rendering honor o ie ls'rou,
34.f when could nave been arrested anv time yriu1n
'urec DAYS, which wold hat gwen me an opportunity to
satisfactorily eXydr my conduct a. wac invited 20 do al
'erwsri Dut Which. s'"r my puoIc arrest would, n MS
opinion nave been shouorubie His testimony not only
conffaoced Peg he witnesses for the dee 80 bur - r
Co.one Siebhn- The Adu'auf positively srcTs that Lien
tenant NcCalev dio not say requested further ume iof
purpose oi escorug ne Nouneers bat only iu e4cc
ihsi would NOT BE- the md IN less time thar half an
hour, which message a. he .ays wa devered Wa Do
.t.e sfespecffu BIt rs couradcfed fh- par of
hs testimony by two Witnesses and could have been hi
others had rot the Judge Adsocs'e expressed himself
satisfied Lielienan McC auey az before stated sa, hr
nrmy believes mat be- did say 10 AduaG Hart inai re
luesie1 io tc md grd with further time for the prrpo-" q"
ts,pfing me ounerf~ 40 inst pr "'In nave =" '-l
lively uru Lad The AdIusn not sworn 'o fne contrary
q Mulieue positively Nal ne was present a con-
v~fsGuon between Aduiani Hart ana iny-ei and hcH-
hn say Lieutenant Nee auey told hn 10 sad message
hat required extra time 20 escort iie Foln'eefs ana e
Ue 20 Communicated DO 100 Col Sebpins bF TIE f"p a.
Witnesses 10 J. shown hat my message Wa respectful
" here suggest 10 he Court now tte reliance can t'
placed nm e testimony OF A. ulanf tari A. o mo correct
Of he delivery of and orders by MIN anD
upon hl- relation 20 the language of heI ron
leu's a. gwen ON this trial He ard Col Stehhms both
.~ore that the order which Adwtsn Har directed 10
communicate To 10 hall my company" unqualified
v but hv the Adu'anfs own test nony u appear. that
ave - n PIeHep
prIOr to coming INTO line This an euuf"ly different or
der " ch he am, 10 me from The one he directed
communicate The one he directed 20 communicate
pcieInptOFy and clear, Tie other quite different beng
q ,cioiona unmiiary and extremely absurd he also
e communicated ny answer 10 The order 10 malt ~
u tire same language "a he received t Now wins
vas tls complex language whichhe was 10 conmunicsl'
bui tyo vofds aud yet appears by he testimony Of Co
,cbbhs hat be DID deliver that answer correctly
hs order by NV COMPANY continuing march and the
language Gud excited manner Of The Aduahi lie aiso si
actor OF the explanation OF Cspt Vincent who be- says
made most humble Acknowledgement that he had vo-
lated his duty uuinteuuonslly"
In u-c 10 the Capisn tor whose character gentle
man srd an officer nave the highest regard and A. have
partly been The innocent cause, IN my defense OF OrIh-
ui- u"h" utloIe me uoiiC Ut .no un ur. tue'"l .-
t-cn placed by the testimony of the Aduiari Will he"
lha Capt Vincent made no humble scsno" iediinen
hIt mss PLANTATION OF al error me- hsd male ~ f'ao
ing line and am informed by NE Judge Ad'och.'
na ihe Colonel 60 considered o. u VIII be- here seen o
The Adluiani innoceniy w,hstd ~ iale N"p'a-u. il
Ay,gbie when applied "a soldier l. too nearly
led M o tAat Of crGto mot io De gross Hsuii ~
American colder ia my opinion should humble himself
but 20 his God alone Now most respectfully submit Il
tbs whether there particle Of evidence 10 Prov
ey ouc reasonable doubt That nave been gum! o W"
mi arf positive sobcdenCe If orders. The only esuo-
nv wh, creates a suspicion IN accordance Win NE
laid down hN q BUen before attended 20, eNce it
ile Aduau SAWS be repeated 10 me at If tie CGonei'
order that you Hoic halt your company" lie also
saws that lac fret said, Please halt your Company
priur 10 coming into line Now | would ask
how he could repeat the hsI order by giving an enur,y
different one Tie inevitable presumption u. that be re-
eafpdl H. As | ~
In giving tue order with the additional words y
ne Coloners order" preceding Il II VIII be noticed by
ia Cour, thnl line only material difference between ID,
Aduiauts testimony and my statement Is That he save
repeating the order he gave mo al enuey dintreh one
aud say actual repeuu0n oine M one Mn
the additional words Il Is the Coionefs order Wmoh u
the only reasonable conclusion Respectfully remind me
fact a. related because The FRET order as promptly
executed % has been clearly proved 10y ne Aduan' va
did halt por coming into line and HAT was opposite
To- nv place in Wiin five minutes Hier receiving NE
second order which II was say an aciua repeuou
mentioned certainly oheyed % also submit 10 thc sopO
the Court, whether, after careful examination o
he testimony OF Adutsni Hart and also OF his excited man
ncr, - testified 10 by Coont siebbns ana we ma aSei
MS testimony 10 j. not reasonable 10 believe maj ne
did repeat The first order which executed or a. tss.
HAT there j. not reasonable doub oul hl 50 s"Vu
a. and therefore could not no the meaning OF lsW pe t"
OF wilh and positive dsobcdience OF orders. al -
then there "a an end 10 me nist charge hha lu'9
promptly scQuil OF H. But on ue contrary, y iht
Court 10 The opposite conclusion, and believes
hai the testimony of Aduiani Hsrt Is perfectly correct
clear and conclusive the relation Of the language OF mes
saces and orders IN of hs evidence and Tia
OF other witnesses the contrary and that his memory
under all The circumstances has been inisoy correct snc
there reasonable doubt ihai perfectly understood
he order perempl0ry TO ball my compan! AMI hat
Nilfuly disobeyod (which most soiomnv deny-then
NIL avail mysei of smother defense as being The oul!
course len me A. have before SAID. AdutAni hsr
sad The only persons ho appear To nave heard
order said have been given me to hAi my CONF an
40 las been proved nv Colonel Siehbns and AduiAli Hai
inst wac escor,ng the Newlor Volunteers al The time
Tie order said % be given 10 me, was delivered AS
appears that up time the only error could possibly
be accused Of in supposing that Colonel Sebbms
who was selected as Treasurer OF The nnd when Wss
raised for the purpose Of erecting monument over M
rcnl sps Of those gallant who fell on the he'd n battle
lille sustaining the honor OF State would not censIt
me for having rendered slight testimonial Of r.
spce an their few surviving companies, many
OF whom have returned 10 iieir homes With honorable
wounds snd impaired constitutions
II this Couu then, believes thai am guilty Of positive
and WilNll disohedence | answer thai such dlsooedi
cnce wSs and clearly iusuhshe, llssnueh a. ne
pereppoiy order said % have been given. II ohe>e
would lave disgrsced me- and my command. and surely
every member Ol lie Court WI admit hat no ufhcef II
bound To obey such an order Apsu from the veneraiion
sekno, led se IN common with 'he gr,Ef Of nv ie
low citizens due go he \ewNork Volunteers am a.
socaied wh them by the most sacred ties Of friendship
and the rndeiest recoecons my connection win Gany
o IL noble spirits no sleep tis soldiers Locfcc
grave When that regiment was about @ .esve Us "as