The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-13

CA1IIs4E, Pa, March L. 1853.
TIE Court met al nine O'Clock this morning The fret
witness examined Col john Harris, Of the Marine
Corps who testified that he Of the correspou
dence between Col Summer aud Gen Harvey, about
the 18th Of February consulted by
the ,ercr Of that correspondence knew hi views In &c
garc his note of the 18th Of February witness dd
thai note 20 be challenge, did Col sumner
70 The best OF ~ snc ~'cdge al not THINK y vas chs
lepge moderated that sumner hal selected friend To
bear challenge for HIN, nor any ono ~ act hs freud
II such On emergency ~ec u arse. The witness was net
c1Css Examined.
inc evidence vas closed On both si4es
CO.. Suosber slio ed hours prepsre his de
fence ard TIE Couf took recess I'LL twelve O'Clock
Or re milling, C1loie suGuer s,d.teDce road
BIZ Judge Watts IN, said he wished to impress
the Court with the IDEA that the acts specified AZ cDns
tutpg hts oeaCe aanst the articles OF not the
product sudcep emergency or expression q pas
but the result Ct deliberate CONFEDERATION, and the con
victon OF necessity. lie proceeded TO meet the
chsrgee y dcisi. Re denied trat he hsd made a per
soma affair iii General barney gu. Of an Official mater
tue ground that the mere presepceo OF court martial
do net protect Individual IRON the consequences OF his
misconduct or that the inquiries Of a court martial
dressed to individual copd justly an OK
preston OF maiguan, or ignorant passion. fie
denied that the place in which an individual stood could
him with official protection; aud argued that an Ia
dvcual cace &c account 'or aaders thus uttered could
successfully plead that court the witness OF bis
ofnce question put by the Court 10 Geo Harvey was
whether he entertained prejudice bias against the
quest on simple, and could bs fully uswered by zee
Ha-pcy seized the occasion 10 abuse the minds Of
the Court and insult the by declaring that he had
before charged the accused with ungentlemanlke and
uuofcerke conduct and that he had little respect
for him soldier and ths, the accused
would have been tried for the offence II improper
and untrue statements bad not been maze to
the Secretary Of War. Gen Harnot, when appealed 10
by used relieve him from accusation OF false
hood wrapped himself up in tbs silence CT nsnuaton
Col Sumner then appealed TO every member Of the court
whether ne did not 10 himself his family his friends
tac army, tho act OF propouncng 10 Cen Harney the
questions hB letter Of the 18th OF January
BE denied that that letter contained matter for charge
trial and convicucn, the ground that Gen Harneys
decla neither official proper and that tns
letter afforded him opportunity 10 do what belonged
every honorable gentleman and soldier 10 do. To the
charge the accused denied that the note OF tho 18th
q February intended n chall,ngc 10 Geo. Harvey,
but invitation 10 Gen. Harvey 70 leave the District
Of Columbia 70 renew the correspondence and examine
the OF their difficulty, and afford General Harvey
an opportunity Of PREPARATION The note was no, chat
lenge-rrst because would not bear that intcrprcta-
tiou; ,no, because would bear reasonable
cne third previous preparation made for such an
event fourth because Ia proved that such Ia not Hs
character intention The accused ,femned In his
own Judgment The practice of dueing held that cir
cumstsnces might occur 10 render Necessary, Al
the expense az the loss of a commission To the third
charge, upbrsdipg officer for refusing accept
challenge he said II accused did not send oh Llcnge
Gen Hney nd pot refuse one and could not be upbrad
| cd.
The Court received the PAPER and went into
slon which very short The result cannot known
| members CT the Court requiring nviolaoc secrecy
The majority Of the Court left town ia the afternoon
Colonel Sumner I'LL Monday. Tho Judge Advp
Immediately