New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-13
The Court Martial Of Col. Summer

CARLISLE, Pa. Friday, March ~ 1853
The Court met at o'clock. The hrst witness er.
auined was Col John Harris of the Marine Corps
Wiz testified that he aware OF the correspondence
b.tween Col. Sumner and Gen. Harvey on or about
the 18th of February last; was consulted by sumner
a. to the of that correspondence knew hs views
IN rsosrd IN his note of the 18th February; witness did
not construe that note 10 be challenge, did Col
Sumner to the best of his knowledge, did not think
WAS a challenge; understood that Sumner had selected
no friend to besr challenge for him. nor any one 70
act a. bis friend such an emergency were 10 arfye
Witness was not croSs-e1amned
The evidence was closed on both sides.
Col Sumner was allowed two hours to prepare hs
defense and the Court took recess TIL IL o'clock
ON reassemblipg Col. Summers defense was read BY
Judge Watts The accused said that he wished 10
impress the Court with the idea that the acts specified
AZ constituting his ofense against the articles Of war,
were not the product of sudden emergency, OK e.
nres sion of passion but the result OF deliberate con-
sideration and the conviction Of absolute necessity
He proceeded to meet the charges IN detail lie
denied that be had made a personal sfaT with Ten.
Harvey out of official matter, on the ground that
the mere presence of Court-Martal did not pro!et
an Individual from the consequences of his miscoe
duct, or that the inquiries of a Court-Martial ID.
dressed to an individual could justify an expression
malignant or ignorant passion.
He denied that the place in which an individual
stood could cover him with official protection, and
argued that individual called to account ior sAn-
ders thus uttered could not successfully plead that
court was the witness of his oifense.
q
whether he entertained prejpdiSs HAS against the
accused to disquaify him as member OF the Court
TIE question simple. and could be fully ahfwered
| by yes Harnsy seized the occasion 70 abuse
the minds of the Court and insult the accused by do
clarng that he had before charged the accused with
ungentlemanlike and unoiicerke conduct and that
he had little or no respect for him as soldier and
that the accused would have been tried for the ohsns
if improper and untrue statements had not. been msds
| to the Secretary1of War. General Harvey, when y
peaed 10 by the accused TO relieve him from the sccc
sation of fasehood wrapped himself up in the silence
| of insinuaton.
Col Sumner then appealed to every member o. The
Court TO say whether he did not owe il TO himself, his
family his friends and the army the act OF PROFOUND
| pg to Gen. Harvey the questions contained IN IA
etter of the 18th of January. He denied thst that
eter contained matter for charge of trial and COO
yiction on the ground hat Gen. Hsrney's declxa-
6ns neither official nor proper, and that tais
| etter afforded him an opportunity to do what W
opged to every honorable gentleman and soldier V
90, To the second charge the accused denied that
| the note Of Feb Is intended a chsllsngeh
| Gen. Hainey, but was invitation to Gen. IsrnJ
to leave the District Of Columbia to renew the core
spondence and examine the cause OF their difficulty,
and afford Gen. Harvey an opportunity of repsratos
The note was not challenge-lst, because it would
not bear that Interpretation; ID because 1t woad
bear more reasonable one; Sd, no previous prepare
ton was made for such event; 4th, because Il is
proved that such s not its character intention The
accused condemned in his own judgment the practice
of dueng but held that circumstances might occur 70
render il necessary at the expense Of the loes
commission.
To the third charge of upbrading officer for 10
fusing to accept challenge he said that If the H
cused did not send a challenge. Geo. Harvey did n@
refuse one, and could not be upbraided.
The Court received the paper, and went into seers
session, which was very short. The result cannah
known till it is promulgated from Washington To
oath of the Court requiring nviolable secrsg.
The majority of the Court left town in the afteruoa
train. Col Sumner remained till Monday The Jude
Advocate proceeds Immediately to Washington win
the papers.