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


and that the assertion was derived from the authority
Major Morris objected to this latter part OF the eyi.
dence which thought to be irrelevant and was &C
cordpely expupged from the minutes.
Col. Roberts evidence wastben continued -
Q-Did you hear and when that the sccused was the
officer referred to in the said article in the Old Defender,
as the author?
A-Col McLenahan asked me If knew vhe. captain
OF the ermy was stationed in Baltimore ne said had
heard was Captain McLane Robert McLanes BROTHER
Mojor Morris agein objected, and discussion took
place as to whether that evidence should or should not
be admitted Strangers were ordered to withdraw; aud
ON being re admitted the Judge Advocate announced
that the court had decided that the should not be
continued Major Mackell remarked that he thought
the count dd not so express itse but allowed the wit
ness to reply with simple affirmative negative A
short ensued and 1t settled the
witness should conne himself to facts give any
Col Roberts then replied question regarding the
authorship of that article by saying he did not hear
till be received letter from McLsne himself and that
he old not think there general rumor IN Washing
ton that the accused was the author till after the receipt
Q-Prior to writing your letter to the accused had
you not learned In Washington that the the
ALI heard about 1t was from what one man had
heard &c; did not believe Capt. McLane was the
The Judge Advocate read letter which Col Roberts
had sent to Capt. McLane
wAsHrNaroN, D. G., Sept o. 1879
General rsross soAduos asssrns
s N sa 5 h h 1s BY hs Il Sfd
Several gentlemen have asked if this report could be
sf ns ssa'a Sq fys tss " Ms
is to ask you have any knowledge Of this scandal and
credit rumor desire some facts with
I snSs s az without
snmed that ycu in common with most officers of the army
lumnies
lam lam now on duty here. having wholly recovered my
en- nt Ind fnr
resmenta duty and expect to remain here till is
When ss do you join the regiment' Does Mr., MeLane
an a, to ea ap %S family pa TO
to see her here. Very faithfully yours
Captain c MoLAsr, U. s. A. ~ . "oDA"'''
ThsJudge Advocate then, by request of Capt McLane
but the Colonel replied that he on leaving
home and could not find it, copy of the said letter
in bJ the accused and the Colonel stated that he
believed 1t to be correct-
R m. r h sEs HHu
pose you DESIRE what that took
eaP '
r1Ss or of his h the
pova % ibis ane
ago he viii probably it better than any one
Tie article in the Old Defender was published withou.my
knowledge consent, ana the of name though in
be- easily 9pe an aS oa o
that lave and shall continue my rights
ana ssS
lis 1isssf ssh %
eg ssd 10 Sear IN my
sincerely wish you an early and entire recovesy.
Col MoSssssS Rides g.
The Judge Advocate read the letter and then asked
cnd letter which he had addressed to Capt Lane The
Colonel read over the letter. and identified it
This letter was also read to the court by the Judge
lconfdentiall
MyDEAR here to day hoping to have seen
I y to my letter gave pain sway,
old friend be careful how commit report
are great Of es Sc under y cir r
natures will declare it to be false and will be mplcst
much fear that i will crush you and hold you to the world
truth Consider upon this latter subaltern
believe that am too much interested in be silent
at is intended - offend you but put
In grsst haste, faithfully yours.
The cross examination OF Col Roberts then
Q.--Did Capt. McLane at the time Of the collision
approach yeu as man who thought himself injured By
your conduct
nor have since to whether he felt injured. If had
felt that Captain hefene felt injured would have made
any disclaimer at that time of any intention TO ipjurs
him,
Q.-Did not Captain McLane explain to you that his
object to have a statement from
any unfSvoIabe construction of your letter
A. He did not make any such interrogation, but de-
malded to know what meant by writing such letter.
sno he demanded to know what meant by saying that
power would be brought against him to crush him and
that he would be mpeached Tor want OF truth words
Odd not the accused or your refusing to explain,
say he would infct an indigDity you
Net in that language lie aid not, certaaly,
threaten to IL tct chGsti ut on me.
This terminated the case for the prosecution
The Judge Advocate then by request Of Mr.. BaIIott
asBed the court the accused might put in article from
the baltimore Patriot Of the 18th September and have it
entered in the records but the thought that had
better be brought forward in the defence which the
sed nten ded to make After short conversation Major
Msckel swore that he believed the extract the
as article published in Baltimore Washington pa
per about the 10th September last The court ser the
extract read by the Judge Advocate decided that it
should be admitted as evidence for the defence.
article Gently appeared in Ss oS Dndc Of this
city, which was copied IN the american and Patriot Of this
oMe1eo in which General Pierce had The publica
lis upportsrs and remark from them
In tie Sun and 1rgus q last week there published
in the old Dceader TAis dental was made to bear the
authority the original statement was understood 10 have
ssn mace ard his decided thai i was due to him
uch thing state under his own name what he had aii
T Tmo no WAS was re @ h wns haa SPOKEN o. tho
w"'," t,as,s ssSTSsSSR le. 1SS2.
sI duly 5eeeiyd your letter Of the 18Th instant and
although in the publications That have recently appeared
relative to scere in the city Of Mexico, between
Pierce and officer Of the army has not been
mentbned. there can be doubt the alluded
and have felt indignant at the attemptcdt he
made ty tho Impressions and opinions have heretofore
pressed in gard TO that occurrence
In teveral creations with my friends and associates
relative TO the incidents of the Mexican both
fore and since Gen. Perccs nomination, have more
spoken Of the at tho city Mexico
which alosion ia made wish no desire intention
however that my although
would le dragged into the for polisl
but n the ordinary exercise OF rights privileges
citzen and gentleman md for the truth my remarks
i IN int
ested.
The publication in The Old Defender the fth inst was
made wthou my knowledge consent. II was M ,t,ria
misrt presentation Of what have said intended
have so declared 1t to all with whom eonyersed
regard TO IT, and among 9th to the editor Of Argu
he substance CT my observations in regard TO this di
on tho night prior to his city Of Mexico his face
and that the ndgnty not instant or as far
have learnt subsequently, resented in manner In
opinion IT ought have been by Of proper spirit
and courage.
For these impressions would Of course bc responsible