New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-01-21
GENERAL NOTICES.
"a The Defense Of Capt. French, as read


hin before the Court Marta held q, Reys Hotel ca the
Is,b ins, composed Of The following ofcers Mai HYDE
p,e,,denf, Cap's RNsos and NcGKATa Members and
csp, MrEFHy supernumer.ry Me1nber; Bergssse La
,ir Judge Advocate
II ne cont I&ea'e have been arraigned before his
tribunal on cha ses which, h true may tend 'o tsgfee me-
IN ne ee- ~ nY tfoner soldiers n deisn-" shell DC A.
bref tie nature Of tie and due regard 10 ny char
scis7 ciuzen slc an ofcer, "l fernht Lille ~ al
sposed t1 ceu-1rc ehor he prnsec'or OF e "nes.es
kg he prosecution VII venture tho a--eflpn iia iie
Cour must be fy c0nvnced hy tie testimony before j. ~
the u'ef want ~ any uec"--~ to p-aT ts fai II ~.
ssbbns had rcie1 upon bis own j1!grent exercised l-
uss discretion. and extended O f tle courtesy 81 i
extended by him Other officer. b.. command instead -
now be here, be- vod not nife irc himself W '4T
esfw.ii1n ~ - fe o,, cyor- and r'la afv .es
W,asd occspv envisn position h-n 10y h'" DD
lls a. 81 times. AID 4nder Oh c.fcDn-'a'.r r., 1890
be IN one ofceF 10 saglstJ a'oip io ,f.ns ~ /, ID,
hue v. h ca sd 1f arr-., o. ila' they Kew a. 20
vefv moment they attempted ." 1is-i NJ" ~ - -
a. hat gallant reeiricni whose h@foitm sA'e' 80 uh
~" tv on .s ~ preliminary remarks Vii proceed
ea amin. ibe charges and -prci '.lol'. 80 . 3D.. .,
Ian clsrged. fret - IN dso.''dehcr oi oacis, ~ -
hsk'' =. t CO. b,'tbe conirlsl oacer 4ga.r
ace. 20 ny command NJ o'cer sEd efpte-sed sIrpuse
mai ne should have given he order ., bait
s case AMI without reference 20 The u,eg,s and custom.
nfevs ng in militia serce are ~ grave and serious
with tie ussgcs and custom, referred 20, they are ry1O1s
In he extreme, and iese although not professional ms'
viii ihe opinion tLai e ffs specification Of ~
fr- charge cann0 l." sustained us Jaw WI ca Ie a.
ebon Of the Court ~ me rule a. stated by john OBrrn
ps work on Military Law, page 30 lie s1y-
Il must presumed that the diso5edierce ri orders
~onerp' sed hy The arcl i- T0srs aud rHfgi dsooed
ece Of an order Iecfoaiy iley given 10 Toe accused
not neglect o omission Of general any Nne-s ne it
sc,ci1y 1,yecfed perform such duty "a tire instance
sged II wOud seem unfair % charge a. di.of "ucs oi
orders mere qbscacc iron" PaTade Sc "e ohef"ise a
1osf every ovfsc such being LIf> - P9y0d> might bf
ehsfged end word render Do D'vnier ab" 70 me pun
isbmeni ri dean 0n cOns lcuon'
The same au.tnF, page -, saws
Rut no Colr con fnd the prisoner guilty 0i cfrren'
,,, or og higher crime than me charged Dor 1
,,, ball. ma te C,f,.i has to ly the prco-e crime
,S0rged specifications are merely Tie tadt" ~ n
,e hy which ~ existence j. made kuOHn 90 t9 Cont
n ts" Cont of fIs opinion s the specifications 'lnH
DO not constitute the offence charged or tny -r siof
Of he oaeEsc, % must acgni me pn-"ner Of ~
,nnge and Of cou-" can pronounce no seh'enc' "f'hi
Ih. - me language Of e a'esi an probably iae abe-
writer 0u American Military Law, and he Court c1nno ia
20 perceive cogen and powerful reasons be- ufses WI
the spechcson hat was late At Inc parade should n'' ne
made under the charge Of disonedirnce of orders
And the Court Will also obs"rv" tnl' contrary ~ Nh" NM
verse established prime pc of lav aud e pac q" of the
Court am here charged win me hle'-i gran, {" i'''
Vhle the SPECIFICATION STATES one 'i HI 'ulHSF n'I,In
fharacier The charge l. that am Rpl'f OF 1i-oDee
- orders. meaning thereby Iosifire snd VW ~on"
yhlc IA fact the specification alleges '@ o1ense. # any
cave committed io bee one that might have been 'he res1
cf error accident or neglect II H. well huo"n 20 iAs
(ofi TINT no person can DO gued and tired for crime
81 one grAe and be convicted 0f one belonging 10 annh"
3 fuu be hlffNffF
he good and sufficient reason, adouced ~ IN" q"
n,s ina that The Court cannot sustain The tfs spec anon
under serouF carge a. mat OF ds't tdeio" oi Orders
which ~ among Inc most disgrac'ni n proved ua- can h
pseerfed against officer any military service TOrld
n The order gwen be legal and the execution Of would
not evidently positively degrade the officer Receiving
n am guilty Of offence under the first specification OF
Tue charge ts merely omission OF neglect Of gene
raj duty. and not such an oheuse NJ j. CHARGED
The prosecution has utterly failed 20 she" under mat
specification thai am guilty OF POSITIVE and "i"l di-c
rgsiV |
this Court % acquit me Oh that specihceuou
No personal considerations could induce me loo u"-pt-s
even Tor the brief period OF time have occupied IN pre-
eenug this point on the patience of me- Court were MOI
eociious that no principle shall De established r Tine irh
contrary 10 law and hat hereafter be- used 90 pre-
The injury and disgrace OF others similarly siNa go
II the principle have laid down as governing The Ore
specification under the first charge be correct ana the Cour
md guilty that specification then the second
specification under the charge cannot be sustained
because, as the Court vii perceive u mat as wen as Tine
first the Ohesc alleged Il only neglect Of dUY ana moi
POsirs and irtu dsobedence of orders The TESTIMONY
sdduced by the prosecution 20 sustain the second rchca
uon that AN order said to have been actually oe eied
The ground Admitting thus o. have been ui" cast
sui he duty OF the prosecutor 20 prove That no MOI
eying that order was guilty of posture ana NV1i dl'n
nedenCe II the testimony Is not Gear and conclusive oh
that point then the Couu SCOUT OF the charge
And even ihe Court hnd both specifications u can pro
sentence because. n the language of o bu"n D.
thu Court 10 OF the opinion that The specifications oun1 o.
not constitute the ohense charged OF any less aegfee o
The oeus It must scqut the prisoner of the charge
and " course can pronounce no sentence having "uH ne
cnInc"
Having now disposed ofthe law bearing upon the fTs
charge come TO consideration Of The testimony hIough
The evidence Of Adjutsui Emanuel lisH e Of great i'm
portanoe, he seems 10 be- he master spr rom "h"
this diecord euana'ed.
First VIII call the attention Of the Couu To his estimon,
so far ss Il goes To prove that was late m coming 70 ~
parade II Will be observed ths he sweHrs he was on hs
ground the precise uue named IN the order thai lhen
there only three or four companies present ana maj
toe folone himself did arrive I'LL half an hour aeT the
time lie also tesnfes thai Captain Vincent and his com
pany the ground al al but adds that The Cap
lain was excused by the Colonel ON making mos humble
he
ally T."
pfmed the line he Lieutenant CCauey, OF Captain
frcnchs Company thai the Lieutenant asked him where
me Cominandsnt of Tie Regiment was ana lie rel ned Una
he hnd not arrived upon the ground that tho Leulensn
iod hn he had message from apaiu French 70 NE eitc'
that would be half hour before he would appear on
ne ground with his Company that he replied TO lhe Leu
tenant That the Colonel not there, but that ne would re
PEAT mo Captains message when lie arrived ana ha hs
was the only communication the Lieutenant inside in nun
belwsn ms les, point oi us portion Ni Suns", na.'
testimony, and that given by Lieuen McCeuIeN, mere j.
not ony material but very serious ua,'I''V ",,
ei oiore IN order Ia make clearly apparent Nu Iae
mat pofhoP Ui the Leucnants evidence mSh l. slSa
NE !" H. AMER stating that iipmt sey GU hs uiii'aI
The sruoy him la the place OF kegiuenA Inc To Sc.
The Colonel and request HIM to allow me extra unr a.
was 10 'ecou tie NewNork Volunteers and hen stating
the sure of his interview with Adiusn Hart he saws
is NY firm belief that did the extra unel ~
equired IN consequence OF escoring the lonnleeIs as
the sis object q 1i'soH II hSd MOI read lhe
testimony Of Adiulsni Hart 10 the contrary should MOI
have hesisted 10 have sworn to IL positively
In connection with this Will Quoea portion OF the YES
tiulonv OF Mr. Il Mullens on the point He says thai
the day question ho present and heRd CONVEX
ssiOn between AdiUiHnt HAT and myset ard mat Adlu
tant Hart acknow edged that Lieutenant NcC SueN oonlm0
ncaied HIM Captain Ftcncfs request or an Indulgence
ri extra time consequence 81 eso,''ng ne Nt-h oS o
iAiecrs and he stated Colonel scbhns VINO press
ed himself disssi. sized with Captain Frencbs conduct
Having now briefly stated he whole OF me testimony W
relation 10 Che hrst pecihcauon OF The hts' charge W"
pruceed io answer he second ~. ,
Twin be observed hy the Court thai AcuHni iiaft 0nc
Myself are The only persons ho appear to have neSd 'h,
orders given or communicated by HIM and mat am Pre-
Guided thereby nom producing rehuttng testimony Aho
his specification rests solely on ms testimony, .s
necessary, IN my opinion, not only 10 closely examine a.
bat the evidence o his feelings and eNclitnVh a.
evrced BY his The day o parade ana see now
Ar they may have affected his memory Ia NE maSTa
pUr's 10 this charge lie tsshes that hs was directed y
he Colonel 10 order me halt COMPANY which ne save
he dld these Ods Please hSt your COMPANY p"i u
coming into line" Captain French continuing 70 aScH
On and suppos ne be had misunderstood The ofGtI' ie
pealed 10 HIM that u the Colonies order ihSl You now
hat youf COMPANY. lie replied Directly 81, a." /
communicated the to The toione a. nva - Fossee
A. | received a."
Tins specification depends wholly upon the fact Whetht
Adnen Hart repeated The trs order IN he same a. "aev
with Tho addition that The Coloncs order OF IN me a
guse be said he used thai YOU noe halt Nouf company
b. The e. - order discrcuona with me heeio ma
pro 'oconnc into tune hut the lSef, given wss pclemP
iorv must aVul myself 81 privilege To " men A.
emitted make statement To undcrs ana NJ Oi me
orders given niuuicstcc cY AorSn hsrths tanA
The only means hy which can meet his testimony th
desiood he order frs given by AOuisu nan 10 ne ia
your COMPANY and come into line sud although pc had
N..n H.axN