The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-11
IMPORTANT COURT MARTIAL

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The Case Of Col. Roberts and Capt. McLane.
AT ten o'clock yesterday morning. the court martial
journment at the Quartermasters office State street
The proceedings opened by the Judge Advocate
reading he a1 o. If inc the court
day;
Parker, who deposed as follows
Q-Are you acquainted with the accused9
Q.-Did you ever see him before and if so, when,
,aA-ln Washington, on or about the 25th October
QDd you hear any conversation between the accused
and Captain Hardcase on that DAY?
Q-Dd you see any anray between Colonel Roberts
and another individual on that day?
Ayes, sir.
Q-who was that individrar
A;-The gentleman before the court, Captain McLane
Of the Rifles
Q.-where did this affray occur'
An the lower hail of Winder's Buildings in the
Q.-Were any other persons present,
Ayes, sir; quite number.
The Jud Advocate intimated tha. he did not think
necessa1y to put any further questions to this witness
nr. Barrott then requested him to put the folio wing
Q-Will you state to the court all that you saw on
that day, relative to that ARRAY
Il sitting In the Office adjoining Colonel Ewart's
and heard loud talking in the hall going to the door,
Colonel Roberts and Captain McLaue Of the Rifles
in conversation the latter with letter in his hand es
toripg the Colene about the contents or demanding
some explanations Not wishing to be implicated in any
difficulty, returned to my desk in the office and there
remained until Lieutenant Wright Of the Engineers
entered He told that it time this matter should
be stopped ana went to the door and while standing
IN the doorway, head rustlng of paper aud slap;
starting into the hall the accused akng gesticu-
latons and attempting to strike Colonel Roberts, i'm
medatey the parties and took bold of
the accused whereupon Lieutenant Wright arrested him
Q-Whnt was the manner and tone OF Colonel Roberts
ON the occasion
A.-Perfecty gentiemanly far g. l saw and heard.
Q-Were not the manner ami toae of Colonel Roberts
as insolent as those OF the accused
The next witness was Brevet Lieutenant Colonel Ro
berts, OF the mounted rifles who, after asking pardon
OF the Court for appearing without his epau!ettes de-
Q--wbat regiment do you belong to aud what is your
rank in that regiment and in the army {?
A.-A captain in the mounted rifles, and a breyet
lieutenant colonel in the army.
Q.-Are you acquainted with the accused and if so,
Al am acquainted with Captain McLane since octo
Der, 1S46
Q-Pleaae state to the Court the nsture Of the init
isas' ias' "nen you H'' WIN Tue a''usa since o''0'S'
A-He Joined my company at the Brazos S. Jaso in
1646, second lieutenant, the march from that
place 10 Tampico; he the lieutenant in my company
till the 10th of April ls47, when 1 promoted 30
another company during ali that time, I think he
tented and messed with me in more than ordinary rela
tions Of intimacy and than usual between the
commanding officer Of comps ny ana subaitern this
kind feeling continued 10 exist until Captain McLane
left the city of Mexico which think in October
or November ls4l from that time until October 1852
have met Captain McLane in different places and sup
posed that the intimacy existd up that date,
the 25h OF October, 1852.
Q-Did anything the day fpecified to change
those feelings
A.-There did,
Q-Please state TO the Court the time place and ell
the circumstances of tbat
A-on that day, about O'Clock 1 was in Col Turn.
bull oice Lusipess connected with that Office and
mess enger came 10 the door and told me gentleman
Wenteo TO speak to me in my Office
Br BaIrott objected to that part of the evidence which
was, therefore expuuged from the inutes
Gel Roberts cobtnuedI left that Office to go to my
own; on getting there found no one there but while
talking with the servant girl who had delivered mes
sage to me from iny wlte and TO my c1hdien VINO were
Captain McLsne objected to this portion Of the evil
den which accordingly eraei from the minutes
Col Roberts sgain consinued-I saw gentleman ap-
poacbrg me whom recognized to be Capt. McLane;
advanced to speak him, and offered him my hand, and
ssluted him with How do you 90, Caotsn % some
thing Of that kind; instead OF giving his hand he drew
foul his rocket a letter and demanded to know WHY
wrote TO him that letter IN which called him my
dear subatern,n ana signed myself truly, or sin-
csrly his, something like that and IN the letter
be convicted Of asserting falsely. | replied that
presumed the letter he bad | had written to
him ana that my letters generally very plain and
not TO be misunderstood and since he had assumed an
offensive could give him explanations of
that letter. that he could put his construction on
it. something to that effect that responsible
for the ccntents lie again replied that he knew wrote
things which did not mean, and that often meant
things which i did net write, and demand d to know
what meant by calling him my dear sobatsrn.n
piled in substance that If relations had not justified
me in usiDg that term without offending him, that he
could now get explanation from me, an that was
responsible for the offence. lie then said IN substance
near l can rmember, that he would have me to
know that could not edjfy his friends with con
versatioDs about him without his knowing It, and
that he wopld not permit to be talking about
hm@ RI @ q @ nv Wound back III lpd or TSs'ySr sos
responsible Tor all that had said lie sgan asked this
time, previously IL when wrote TO him my first let
ter. had seen article in the Oh Defender or lsne
that he the officer referred 10 in that article
piled that would not tell that did not remember
lie said the letter cowardly aud contcmptibe and
struck blow with his hst at my head l repeed the
blow and struck at him. and general altercstion with
fists occurred should ra her say Captain Mclane did
| attempt to strike me and / repeled him. Captain
| McLane repeated several well.drected and powerful
blows at which avoided rs well could by closing
! in with him. Some psrsors during this alteration
caught hold Of me and Captain McLsne arrested by
Lieutenant Wright, Of the Eng neers, think Who told
him to to his quarters and Captain McLsne said he
had better take him the Adjutsut Gensas office for
he was stationed at Carlisle and had quarters in
town. Lieutenant Wright sad he would That Is what
occurred, near as can remember.
Some conversation took place relative to that portion
Capt. McLane and him. The Colonel begged to be
understood, that be did not to say he actually
fought with bis fists for he was incapacated from 50
doing by disease in bis threat which would su
location II he used much exetion He defended himself
as well "a he could.
/ Q-Did the accused st ike you
A-The first blow doy cred by the accused hit me on
right side Of my face near my ear The other blows
paired by my arm
Att Is the first door in Winder's Buildings, No II,
QWere any other persons present during the affrsy,
and IL so, what description OF persons
/ About twenty think, came out of their Offices
the ssme ball. and gathered ropnd during the altercs
ton There were officers Of the army aud navy, and
clerks Of different departments
AZ this stage Of the proceedings Capt McLane request
ca the Court to adjourn for ten minutes In order to ena
PIE MN TO prepare few questions which he desired to
nave put to the witness The Court acceded to the
| quest and extended the time to fifteen minutes.
on the re.assembing Of the Court. Col Roberts was
asked the following questions by the Judge Advocate In
accordan,e 20 with the request Of Mr. Barrott -
Q-Haye you ever an article i'm the Oa Defender
relating to General Pierce?
Al have never seen article In the Old Defender,
| or purportiDg to be so, until to day !.
Q-Iiave you heard Its contents,
a - heard what was asserted to be its csutnrta