New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-05-07

Ocus lNfEEh lot Oouit Inquiry, OrOer dlQut
himself Of imputations cast upon him in the above
connection and that the court was granted. Out Of
this grew the present Court Martial.
THE DEFENSE.
Captain John Withers. of the Fourth Infantry.
Assistant Adjntant General of the Department of
Texas, under Gen. Twiggs was called and sworn, for
the purpose Of disproying the Secretary OF Wars
charges, that General Twggs had designed to reflect
upon the reputation of Lieut.. Wood, and meant no
contempt of the Presidents opinion in matters passed
upon by him. As
General Twiggshe stated earnestly and positively
that In ordering the court for Capt Bradtuie be
meant no contempt for the opinion OF the President
aud subsequently, in issuing the orders approving the
findings OF that court it merely formal that the
members of that court might not think he disapproved
The order was Published in the usual routine Of bust
ness
Gen. 7ieiggs.--"will Capt withers state to the
Court what preceded and followed the calling of the
Order for the Court OF Inquiry on the application Of
Capt Bradfute. and the conversation which passed
between himself and me, to show whether by the Is
suing of the Order for that Court it intended by
me to question matters already passed upon by the
President y
Judge Adcocate. Judge Advocate objects,
that the proceedings Of the Court and the orders OF
General Twiggs thereon, or what was intended and
done, cannot be contrdicted by parole evidence"
Gen Itciggs, apparently surprised.--"ln civil
Courts in cases OF contempt the oath of the accused
is taken to purge himself Of contempt but j offer
better testimony than my own--that Of another wit.
neSs.p
The Court was again cleared for deliberaton upon
the Judge Advocates objection, which was finally
determined untenable when Capt. wthers testified
When Capt. Bradfute made his application to
Gen. Twiggs for the Court Of Inquiry, Gen. Twiggs
said to me he would grant the application nasmueh
as Capt Bradfute conceived that unjust imputations
had been cast upon him in relation to the charges
against Lieut.. Wood. Gen. Twiggs directed me TO
issue the order for the Court requiring it to conne
itself to the matter as set forth in Capt Bradfutes
letter of application. He said he considered in or
dering this Court, it would not be conflicting with
any previous order the former case Chat of Lieut.
Wood was closed He said he desired to give Capt
b. an opportunity aequt himself of mputations be
Capt ~ conceived had been cast upon his reputa-
ton. When proceedings Of this Court were brought
into the office at headquarters, Gen. Twiggs, after
examining them, directed me to publish the order in
the case, but to omit the expression OF any opinion
from him in regard to them We were then printing
an order pertaining to the General Court Martial and
knowing the printer was busy, and knowing it was
not necessary to send them To the printer that day
did not finish the order the day was instructed to
make 1t, but occupied myself in examining the Gen
eral Orders Of the Department from 1925 to date, to
discover whether Gen. Twiggs had a precedent for
the course he proposed TO pursue The next day |
informed the General there precedent, that it
had been customary for the reviewing officer to ex-
press an opinion approving or Disappearing the find
ings Of Court Of Inquiry. After some conversation
Gen. Twiggs said could insert approved in the
order lest the members OF the Court should think he
disapproved their findings, The order was then pub
lished in its present form.
Gen. Isciggs-"State whether in full and frequent
conversations YOU bad with me- expressed any con.
tempt for the orders had received pertaining 70 any
matters from the Lecretary OF War"
WIfness.-'Gen fwiggs did not. On the contrary
he always seemed extremely anxious not to have any
conflict with higher authorities
Gen. Tsciggs-"I have no other question to ask at
this time. Something may turn up hereafter, when
may want the Witness"
Cross ExANISATIoN.-The Judge Advocate exhi.
bed the order Of Gen. Twggs, calling the Court of
Inquiry and he received an affirmative response from
the witness relative to its identity, when he asked
"Why was the letter Of Capt. Bradfute, applying
for the Court OF Inquiry, omitted from the order
corning itln
Hitaess.-"Caution to the Court to confine them
selves 10 the matter mentioned in Capt B. s letter
toas not omitted. There was question whether the
letter should go In the order, bat said it
because the order stated the date and
author of the letter, and required the Court to
Cue itself to the matter contained in it.n
Gen. Ttcggs.-"The order is explicit. 1t said you
are to examine matters stated in the letter OF Capt
Bradfute. | didn't deem it necessary to instruct
them what else not to examine. 1t was presumed
that the Court had some common sense. The order
wouldn't have justified them in going on scout after
Indians. might have appended long codicil say
ing, you might do this and You might do that. The
Court was ordered for specific purpose, which was
explicitly stated"
MAJOR DAVID II. VINToN SWORN.
81 was President OF the Court of Inquiry called at
@ - - ;iI F - @
a. as S VI uloesss NY
aist ;et va ~ hih ,'isO
a.euS M oou ~ uy'',ns WHICH, VII
,sar r sp;la 10 ny, iIat,na, 49, Cur,
Rrad6nte asked sny onsston ;norIicato, IiaPt
Wood cbecked 4 ma tba Colri ,si,S oi"eaj
doors raincsed II h;nI +h ro'rds Iii sbo, So
M - ,ii NJ L;l1 'A ''S W" 'no" IVY
- 'i'' Aiu
IA controversy arose between the Judge Advocate
and Gen. Twiggs regarding the manner in which the
witnesses had bae, snn,m mod tho latter oon,ad;r,
a. (. - - 9',' 49, ''' 49, SYn'eius
'na' 'ney shouu DC regularly summoned 50 that no
from any quarter could remove them until
the close Of the trial. and the former citing the au
thoritv of tho rae,,atiops that tho I,a,o Adoo,+o
III = va. '"e
suah suihthon w WITNESSES az tue expense OF the
United States Government, unless the Court is salts
fed their evidence is material.
Gen. Twiggs declared that he did not recognize the
Regulations the Articles of War alone applied to his
case. He remarked, emphatically
When inns under orders AZ the Coprt vonid H. ~
see the authority That can take them away. Moth.
ing but the sudden exigencies Of the service do
20, saGn ~ tne suaqen appearance OF Ine enemy a.
has 2ot authority ~ do III v '1' oA''eu 0'A'''
After deharat;on the C,o,rt dacidod that tbo mi,
nesses should be regularly summoned
CAprAIS JouN MoNrrr TrsrrpIvn 7 wos man,
Der Of the Court called upon the application of Can't
Bradlate the Court did not entertain questions n-
'osslns 'n ne iepu.at'on OF bearing OF Lieut. wood