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

al others far And here vii remark ihs Tie CooneGs
sghf almost treschero0s tie AGHztanis memory
he could hinge hs never happened such my Aware
which soenly aver id not hOgEh and an sustained
~ evidence II Lieutenant McCsulev sad Sefgeart Coz
Ter ~hy swear IA ~ company "A - u ne arf 1re----
before leN i,-61t could n0, 80 Voluuiee-s u-.
hey pas-et before . b. saying ihsi b. ID noi kaov
was -g ire-r - caves ne inference hai ~ lA1
~ v1r1 1oi have svel ne order 90 ha- 5i a.
h. obtained s know igs m ne 1sy q te pars1@ Wy
4 he prefer charges agsn-i ne II be- ogd 10, ns "
II because be- would n0 disgrace hrn-e1snt 80 oil $40
al vet . pr. -ecsgse would cot hrns on.
grace IN M .ef ard ~ Command
T. mus - -euenbs-e- pr his Conn hsf our I'LL ar
1rgszs-o1 !. lrtars n every q fls word ihs
s ulsnlb.rs 0ces All 7rvaies cit.zens, r1is'
fls 1 re ra-Es sre 1gll men ecrs- and pr ftns 20
sislc-s superior u r'e-erce mora. orr 40 AZ =
ofcer- ~1ci men can 11g b KEEP together a. ..
proper safe n discp ne tv their cer eyncilg cue
es1gs aud -ies n9~ar fhe sixteen vesr-' etnr erce
have had -1 no Miln-v ~ Ai- City. lsve Known =
cas- aree captains = hose com fs1e- refused % paa1e -
der f-r command f,r c. committed outs d. " -ae corn
7s1ys orsa.zalon wn.cl they deemed ds5onorase, a
0lr .l-ils o., direct resOn % miAry sisiI' a.- lel
were cl-a-eec 20 res r. their commands ogt ] have
newer ln1 m. -s-e heard of Captain being cour-. rar
.ss1red nat II f. course 1ersed n others beside CO.
s.ebbn. r- ose al 'ss'e Or nitarT an sufficiently
arGid.f'~c ~ % 'he .euiei-"l CON 80 - .u1
command to Know mar z lad ote 90 80 az "le'' =
sieged gwen ne hey would ard lsy too have
refused 90 serve under ne again Bat Agar r7n tAai
col-derafi0n, "o.4a MOI unaei eAs ,4'- az,
committed ary or which could ~ ne rernoiesi cegree
added 'o he pain and nora: -ston Jet p" DE .rc
Volunteers whom had The honor 90 escort on ne l'.A ~
T0vrrrher lsst
only aid taf b seems rather singular should b. cole
81 o iske .l- defense wle Csptsn who without Per
mission from u, Colonel undertook 20 escort com iaai
belonging 0 another CITY. and Wa ga tolr are a. parade
Do co1-eolence s. not been Court marta 3D. tlf = sitting
here ore o. my Judges he "a similarly siuaiea WI
uvscf not having opportunity 70 obtain The previous
consent ofh- Co0re buf sent be- L eue-arf 20 rim viii
rrCIe.'. such r. -eff 20 ny tu.pre- A. ne esfes'
possible moment which was .ra1,ed a. : DOUBT not
1f..I f.sau nv A. VI.
r,,, rle.-sge Ard anof5r- = er,,,fer orcer - ho
wi. dong honor 10 he living az, without permls
also, paving me as 1ue Of resPeci 20 one q he he
rac c@ad allowed % maze an honorable explanation
privilege 4ened o ne and thereby saved ne uolt.
ai vexA Jon of ai a. ridiculous ir - ca ises - mus
sd WI prove proflrs- 10 10 results A. 70 he -econd
NJ fs loun 20 sustain ne IN me assertion nat
no unusual occurrence ior officers 90 he line io eave
so a41fe me Colonel and fhst % las never been made
he ground II charge before % our service TIE 40 nam
iestas mot NJ tas nd sinct recolecfs ~ suoila-
17an having advanced rom me me 20 address ne Ol
' On ilai lay ana iis ir-inuut = eL4lrl % d, HEl
weight has given ua-ruch a. he appears 10 have
had au ndsrncf recollection II al the puncpa eHen.s
connected h TIE charges referred agall-t me E'tn e
Colonel admits That another Captain hss frequently done i-
ZANE hing bu am the only one ever Cont nsrua.ed ioi
advanced rom the Inc 20 explain 70 the Colonel ne
my desyhe charges differently and swear, TOMS
charge an not allowed to swear io nv statement, nn1
thereto nv oyd mi-t 20 INTO The scale against he o1f7
ani content should be so re Gng 90 lie estimation IN
winch an held bv thos. who ndor-eneni
veracv TIE Court mu-t be- satisfied f1at the -pecf
cr0u uuser - Second charge doe not sei forth any Of
tense 1.-THE language Of nv address the Colonel
dre- 'i u .sf 'h- of ~ uiterauce then
- should have charged with csrespecfful language o
.ry .lr.ror or Ger bu he did not 30 understand m snd
does DOT cargeheref1fe cannot De- convicted o On
o'Icer-ike conduct under ihai specification
The Cour must moi understand me a. mPeschng ne SO.
Of he Co0nel-suv suc Intention utterly di-can
but courot fail 20 remember that he paook In some nor
a great degree. Of he excitement prevailing on the occa
He admits that he concerned" hu he concern
hr ie must have heen Of nott unusual ana eAuaoanMt
character u led him into The belief that dvanctd 70
hun through The opening n the line for my company
The test mony Of Lieut. Mo|auey and Sergeant Cohef a
I-adv alluded fhef he CrevOuslv mistaken
charge has no evidence other nsn That oi Co stetl.s %
support n he much concerned" hat he did not
perceive how advanced 10 him although he was opposite
|' center 40 hs regiment may not De- REASONABLY 10
erred that De not night condition Of mind 10 kno"
u. what language ] Addressed him Bur would ask inc
Court Zoo marx how CannElg inconsistent l. s evidence 10
relation 90 bis charge with the uc that advanced 20 him
n' ir ne purpose Of complaining Of The order gwen me-
not ,ingulay absurd that should stated IN 'e .qec
f-auo1 have first expressed ny shmeuf hsi he had
gwen such an oder and fln nv belief hat lie lad
need not remand i, Court hat % has no rules for ~
government hose IN practice In e nfed states ser
-c sud therefore expect t o deliberate upon and al
ldg 20 'hs case as were ON tria my life While am
niul o Dee fv'd hv the -trciesi rule claim the bench
every doubt my favor and demand that al rules iur
Obj" Cont sial come io ne CONCLUSION hat am gl!N o
r o1cnses charged sfk ha iu the finding he precise
degree of cuHinaly attaching 90 my ucs shan 70 specified
and hat The eNenuAung circumstances be se orA Ih-
u accordance will the rule laid down by pBueu. lie
r. = y
rnduC the ofense which ought 90 De considered "a tAVof
OF the prisoner appear evidence ey should In src'nes
influence tho finding they rnd certain
points proved OF not proved The CoGn i bound 10 de-
the exact degree Of cupAbiy uf the prisoner with
relation the iacs specified Il - therefore, not only In
Tie power Of Courts but Is heir duty to declare when
e evidence iIsies ~ hat the acts specified arose from
error of Judgment OF the prisoner ha, under The CIR
II the the COuri attaches no criminahiy "a
ic act uiai certain mitigating circumstances attended
the act"
IT. submitting ths my defense TO the Court deem D
proper remark hat the only Witnesses poduoed by NE
Colonel 10 sustain HE charges are the gentlemen who sug
rr.i,d M sgTsce and while would express no doubt
a. their sincerity bui truth 10 say that even with the
hest intentions all liable 10 be misled mpercepuo
v the natural desire 20 maintain positions once iaAcn
perfect justification oi her acts perhaps requires s con
cion and how far know ledge cf hat fact NAV have W.
flcncrd their minds sumsie subject for the careiu
inquiry and dehberauon of his Court
If The Couu VII partially consider the conflicting ma
trc the testimony In this The lsw bearing upon
the charges the voous1ess of Two of The three sp"cfca
uons and The cNfenuarng Circumstances attending my
whole conduct then look 20 tor an honorable HcqniiA
Sat u shall decide that guilty OF The mos serious &c
cusatOn against mc--d sobedleuce OF orders-ihen vii
never regret The loss commission which could be held
o ly by dshonoungit prize my character higher tbsn
any commission, aud he who does not u unworthy 70 nod