The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-17

hearts win tan ron that charge deeply moves
soldier A. this II 10 sharper than the serpents tooth
biterer than gall cast 1t from me In the calm con-
The second specification under this charge is that
stated officially 70 Lieut.. Col. Thompson Assistant Ad
jutant General that had transferred or turned over
rubstantaly to my next in rank First Lieut. Loeser the
senducng the command to its destination which said de
olaraton false This specification was fully met by
Ale testimony of Lieut. Van voast, who states that he
carried with him all the orders in reference 10 the
ent Of the detachment IN my order book belonging to
company d. which orders Of at the disposal
Of Lieut. Loeser, the commanding officer Of the detach-
ment, after my resignation. Lieut. Van voast, by my
direction informed Lieut. Loeser of the fact that he had
these orders before the steamer left the wharf
The third specification under this charge is that did
falsely state In ocal communication addressed to
Col Cooper, Adjuant General dated the 18th Of April
1854, that on return from days leave Of alb
sence about the 18th Of said month"; then learned
ftr the first time, that 70 command the four
Ianies Oh my regiment, under orders TO the Pacific;
whereas about the 9Th Of said month when applied in
person at the general headquarters Of the army
informed BY Lieut. Colonel Thomas that was to con-
Duct the four companies TO their destination My an.
10 this briefly that the conversation which had
with Col Thomas the 4th instead Of the 5th Of April
more in which understood him to express the proba-
bity only that would be the senior company ofhcer
present on duty when the detachment should move,
did regard it all Official In its character The
idea entered mind that the passing remarks OF
the Colonel in this conversation were an authoritative
panies ordered 10 for California the goth Neither
could they have BEEN for Col Thomas admits In his tes
n
10 this end Besides it is in proof that Col Burke
day subsequent to that when this was held
command Of this detachment stated to Major sprarue
as testified by that officer that IL not then certain
his opinion who would take the command Now, ask,
IL probable possible that Col Thomas should
issued order to to take the command Of this
detachment and it's rghtful commander who was at the
post with part Of the troops, should days there
After be in ignorance that such order had been is
eued? Under the circumstances regard the specfca
ton as too frivolous to demand further notice.
NJ dpnfo md pnfl nv tha haua
finished all that desired to say in my defence. do
not pretend to be indifferent to the results Of this trial
Ny reputation officer is in your hands, and there
willingly leave it, but before close wish again most
emphaticaly TO disavow all intention of actous dsobe
dience. In refusing to lead my command on board the
vessel which abundant evidence had shown to be
worthy, was moved by no personal motive. You are
aware that every consideration Of private advantage
tempted me to 60 with my command both as to its ex
tent and the pay which receive. In refusing
20 perled my official standing and my reput alton
everything that is dearest to military omcer and
sciousness Of doing what believed to be duty to
men, to the army and to the country knew that the
worthy vessel and that the lives of my there
by to be endangered without any adequate reason.
without the least necessity and that many valuable lives
had been sacrificed The fate Of the San Francisco was
fresh in my memory. could not forget that soldiers
who had honored their country the battle edthat
officers the pride and ornament Of the army had per-
alphabetically perished-swept away In a moment,
TO be seen more until the sea shall give up
its dead-victims to the unworthness Of the
vessel on which they had embarked determined that
IS II were in my power this abuse should cease-hat the
kvee Of soldiers should not thus recklessy and
Iessly be thrown away With my convictions could
have done less than hs2 Did not the voice Of reason
cf justice of humanity, call to do did To me
it belonged to watch over the safety Of my mem that
safety could not secure by embarking with them on
hoard unworthy vessel could not control the winds
Of heaven or pillows of the deep Ny last hope
in taking the responsible and painful position did
army have done all that could-oGered up myself, if
necessary as victim. 1t the act of my life that
cost the sternest struggle in battle has my
moral forttude been put to and painful
teet shrank from IT as never shrank from death,
and now leave you to Judge what have done, and to
speak my acquttal or condemnation.
At the conclusion of this defence the court
cleared, none but the members being allowed to be
present. and about two hours after the adjourned
die What done this interval it is impossible
to say the decision has not been announced and will
until it is first placed h the hands of the Presi
dent Major Sprague understand left yesterday for
Washington with the minutes Of the proceedings and
the decision Of the Court, which will be made known
sitbeI to.day or tomorrow