The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-06-25

nance
SECOND DAYS PROCEEDINGS.
The court met AT O'Clock, and the record OF yester
day was read,
noie was received from General TaleoIt respectfully
requesting that the trial be not commenced until after the
arrival Of the eleven o'clock train in the hope that the
absent member General Clarke may arrive, he did
not wish the trial TO proceed except with full board.
The court ordered 10 be cleared.
Upon reassembng, the court took recess until IL, m
The court reassembed at the appointed hour all the
members present except General Clarke. But the court
concluded to proceed with the trial. and the usual oath
was administered to each OF the members and the Judge
Advocate
The Judge Advocate asked General Talcott ii he oh
jected TO any members OF the court
No objection being made the charges were then read
They three in number, all relating TO the trans
action the various facts and circumstances being
in number OF specifications.
Charge first is for violation OF the l32d article OF ord
regulations, which directs that contract for ord
nance stores supplies shall be made by any officer
agent OF the corps without special authority OF the Colo
mel Of Ordnance sanctioned by the Secretary OF War
The alleged violation is specified to have been by
der OF the Colonel of Ordnance himself without the
lion OF the Secretary TO Colonel Huger authorizing him
to procure by open purchase shot and shells TO remark
able extent, for the of Fort Monroe in pursuance OF
which authority Col Huger gave order for 500 tons
of shot and shells Doctor f. Carmichael, which Carm
chae assigned the Tredegar Iron Works at Richmond
for the consideration of $500 paid him. and which order
or contract il is charged General Tacot afterwards ap
proved
Charge second is for dsobedence of orders and nsiruc
tons Of the Secretary OF War; in relation contract
for supplies-viz the contract above alluded 10, which it
is alleged the Secretary had previously refused give
Carmichael
Charge third is for conduct unbecoming officer and
gentleman-the specifications alleging various false
statements and reports 10 the Secretary to the effect that
no such contract existed.
The Judge Advocate then asked the accused if he
plead guilty or not guilty. General Tacou replied in the
negative and handed 10 the court the following which
was read:
Mr. President and Gentlemen Of the Court:
Desiring 10 interpose obstacles 10 full aud fair in.
qury into the Jacs upon which these charges and spec
hcaiions have been constituted respectfully request
that may be allowed to all matter touching
their suicency iaw, 10 be used in the discretion of
counsel at the summing up Of my defence; and with
charges and specifications, not guilty
Appearing before you under circumstances for which
have not been prepared by anything the experience Of
my past life. desire TO nlrus the defence OF my honor
and character to professional friend here present and
10 this end request that NJ Carlisle, esq, member
OF the bar OF this city, may be allowed to attend
during the open sessions oil the court under the resirc-
lions ordinarily imposed upon counsel IN courls-mar-
al. ..
VI.
JUNK "a, 1851 Brevet Brgader General.
Mr. Carlisle stated that the accused had some time
since summoned the Hon VIM. L. Marcy witness
on his part, but that he had yet come and in OF
his not appearing, he should expect reasonable delay
from the court, in order that his testimony might be OBJ
tanned
The Judge Advocate remarked to the court that by an
agreement with the counsel of the accused they had de-
termned 10 examine witnesses only upon the points in
the in the order of time in which they occurred, and
thus present a continuous narrative This would neces-
safy involve the calling OF some OF the witnesses
several times but the would find that they would
arrive at the facts much this way than in any
other.
Captain Maynadier called He stated that he the
principal assistant the chief of the Ordnance depart
men and had been that duty from February l. 1912
the present lime continuously, and during that period
General Talcott had been in charge OF the bureau He
stated that the usual annual appropriation for the OF
the bureau was sloo 600. which sun was for iorhhca
tons and the purchase oil munitions OF generally
He then proceeded During the temporary absence OF
General Talcott, in $780, in charge OF the bureau
Doctor Carmichael called and submitted tor certain pa
pers from ex-Pfesdent Tyler and Secretary wilkins
by virtue OF which he claimed TO be entitled to contract
for shot and shells referred him 10 the Secretary oil
War, (Mr. Crawford,) by whom the papers were sem
10 me Tor official report
| [The report was then read The purpon of it was
that the government did not require any shot shells
but 1t did, II would first be necessary that ap
preparation should be made, there were no funds OF
| hand
/ I was absent from the bureau from 10th October IL
2lst November, 1850, and on my return learned tha
Doctor Carmichael had been there the same business
but he had gone before came back.
| The Secretary Of War called.
/ QUESTION Did Doctor Carmichael apply to you for
contract 10 furnish sho,' and, il so, state the rarc
i ulaTs.
/ Ansusr Some time about the latter end Of October
$780, early IN November, General Talcott came int
my al the department. shortly after reached II
the morning, accompanied by gentleman whom he in
troduccd to Doctor Carmichael, OF Virginia. Al
ter the gentlemen seated, General Talcot told M
that the Doctor wished TO business which h
would explain. Doctor c. then observed that he CAM
to see me in relation 10 contract for making shot n
sad that he made contract for considerable quant.
OF shot with preylous head oil the department,
that he had Left office before the executed
and therefore the contract had never been fulfilled tina
he had, however, applied 10 my immediate predecesso
(Mr. Cfawordl TO carry out the contract and that h
had recognised H. but had also left office before tn
contract was executed and that he called upon
TO execute the contract asked him II he bad the con
tract, or IL IN writihg-l forget which he sate
that II not 10 writing, but that fully understood
aud that Mr. Crawford satisfied OF the existence o
the contract aud recognised its validity. asked him
he had any evidence OF that recognition General Tai
cot who was present during this conversation, had
bundle OF papers in his hand. | asked General +
those the papers, and he replied they were. re-
ques,ed him TO hand them TO me- which he did. ! ex
amined the papers TO look simply for the recognition
i Mr.. Crawford, ! found paper which read aiten
lively and after doing so ! observed TO Doctor Car
michael that according to this paper seemed Il
me that Mr.. Crawford, lar from acknowledging IN
existence OF any contract the par, OF the government
expressly and positively negatlved the existence OF
contract The Doctor said he thought differently and
then read to him the last clause of Mr. Crawfords letter
in which be refers TO the report OF the bureau OF Ord