The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-26

FORT PIERCE N T., Dec. 10, 1866 (
At meeting held 1T Head Quarters this 10Th day O
December 1855 il was unanimously agreed that We the
-commissonec ecers musicians and prvstes Of the
formed that Brsyst Brssoies General Ethan A. Htchooca
has rendered his resignation Colonel OF Regiment
and that the has been accepted By the President
the United States do take this opportunity express
deep regret losing valuable officer His uniform
sentlsmanly bearing his bigo military character
bnsd with his unvsryng Kindness consideration and
banity officer have, ae claimed respect and
endesred him 10 AL hearts ia with sincere regret
We PER: .s s and or
passed ths quiet enjoyment of the honor and
he has 50 justly won from all With whom he has come in
contact THOMAS DRY,
Second Infantry O. s. Army Secretary.
THR COURT MARTIAL IN THE CASE OF LIEUTENANT
HORACE HALDEMAN.
GbSxRAL Orders, No. /. }
HEAD QUARTERS OF TIE ARMY.
NKw YORK, Jan. ~. 1856.
ny the General Court Martial Instituted 10 " See-
cial ORDERS No S. of September 90 1855 which con-
in he city of New YORK. N Y and Of which Bvt.
Lieut. Coooel Swords, Quarter Master is President
srrsigDed and tried First Lieutenant Horace Haldeman
S.h Infantry, The following charges and soecifcs.
tons The charges and specifications have already been
published in the HERALD
Afer mature deli oefa ion all the evider ce ajduced
the Court finds tns accused. First Lieutenant Horace
Halcemsn, Eighth infantry, ~ follows
First specification,
Second specification,
Third specification,
Fourth specihca ton ttsN.. c,;,..,
Fifth specifcstiop, " e'
Sixth specification,
Seventh epecihca Ion,
Eighth specification
And 8 not guilty of the charge.
CHARGE n.
Second specification, S"Not guilty"
Third specifics lion -.
and t'not guilty Of the charge, and the Court does
therefore acquit him.
II. The proceedings of the Court having been laid
before the Commanding General of the Army the Court
ordered reconvene for the reasons stated In the
HEAD QUARTERS or THE AnxY,
NEW YORK, Nov 10, 1856.
SR-The Genera Iin-Chef having attsntivey consid-
cred the proceedings in the case OF LIST Lieut. Horace
HSIdeman sth Infantry Is constrained to disagree with
the proceedings and findings OF the Court. he has,
therefore reconvened is with aview 70 reconsideration
of the and directs you to Lay before It this commu
nfcat,on contaIiLg & has views.
The Court erred IN permitting an elaborate paper
the reception of which was properly objected by
the Jucgc Advocate-to be read, argued upon
and appended to the recorl statement, though pro-
cesdng from such source that the Court ~asprscluded
oy law from admitting recognizing it evidence The
referred to ia that OF the wife of the accused
who by de ssion OF the Court, was not allowed to give
evidence The tendency OF this statement in the is
merely lend probability to defensive explana ions,
but establish important ficta for the defence and to
impeach ending witness Tor the prosecution Inc Cen
era cannot judge how far the reading Of this and
the Argument based thereupon may have operated on the
mind o. the Court.
The defence set up that the cused Acting Assist
ant Comissar OF Subsistence cannot be held responsible
for subsistence remaining in the sorehouse at
ter their issue trops other words ths savings of
the soldiers raticns and the receipt of money
ira from the sales ct these savings and the transmiss,
of the proceeds to tie Pc Treasurer he as merely act
Dg the agent his sergeant the sergeant under
the superstition being OF course the agent Of the
In his capacity merely Of Acting Assistant Com mis-
say of Subsistence his drtes would not require him to
have charge OF the savings Of the mems rations The
responsibility at the de"ot, though the same 10 prin-
cipe at tbs other stations. differs so ncwhat.
At other stations subsistence stores are issued TO
each company, and Its commander becomes responsible
the savings Of the rations whereas at the depot the
6
the staff officer OF the Subsistence Department such
other officer a. the torn er may cesguate respon sbe
for the safe keeping OF these ng and tor the procesds
thereof whea Sold And ia in tnn latter capacity that
the accused to be held ,unabe for the sums OF mo-
Iey coming into his hands from the sales of savings and
for the beef issued by him acting Assistant Commits
cary of Subsistence, but not consumed BY the for
whom IL was drawn.
Nothing can be more opposed to all military admins
tratloa the principles Of military discipline than
that the accused was mere asendiyesed Of his mill
tsry chasacer-And the agent OF his sergeant, IN
the and scoOun AGILITY of money and provisions be-
longing to the soldiers. The atte- precudei from
managing thee Affairs either directly Indirectly The
commissioned officers their guardians. The soldiers
claim to have charge Of shsse important in
forests than the commissioned officers dives. them
selves of the trust. The sergeant could not act
under the orders OF commissioned Officer for the latter
only Is recognized BY the government as nc: un table.
Ii the duty of The accused to attend to the safe
keeping Of the mems provisions, 70 sell the when
necessary aud account for thu proceeds; and
over this eponsiry ne did assume by the very tact
Of keeping in his aouse and therefore his custody,
these savings, and receiving the money acsruing from
their sale
The evidence spread upon the record shows that the
accused received various times of money from
The sale provisions saved from the ratlons OF the sol
ciers at Fort Columbus the full amount OF which he
tailed account for and that owing TO his orders
&c emount OF fresh beef saved at various times from
the Of the soldiers and for which he account
able given the officers stationed at the post with
out charge.
The of the Court and the papers accompanying
1t are herewith returned.
/ am, sir. very respec fully your obt. servant
i. THOMAS, Asst. Adit General
Captain SAMUEL JoAYs LIST Arty Judge Advocate, Gen'l
CT. MI.
ILL. In conformity to the foregoing Instructions
The General Court Martial reconvened, the sd inst,
and adhered TO its previous decision.
lhe Court in for the benefit of the review
ing authority state that the 1st ID 3D. 4h aud 9th
specification 70 the LIST charge the Sd specification to the
% charge and boh the 1st and I'd charges there
equal division Of vote and it gave the accused the
benefit of acquittao
The General Chief is forced to dapprove Of the pro-
cedir and findings of the Court and orders that Lieut.
Hsldeman be released from arrest relieved from The gen
eal recruiting service and that he Join his company
without delay.
". The General Court Martial, of which Brevet
Lieut. Col Sword Ia President is hereby dissolved
BY command OK Brevet Lieutenant General Scott.
l.. THOMAS, Assist Adj. General