New-York daily tribune., 1858-12-01

having been placed ane., y his soperior and co.
rntndiSg officer, Breve,.Mej. ID. 7. Whiting -
Regiment n in'aniry, through theAc,ng Aijc;ar. III
the Fiji Column Ctso Forces Lieut.. Plammer, d1
say TO ssd llummer " Tel Maj. Wanting he IL t q ~
" damn iooL 'iont want 20 be under the comma
" Of any daun fool, ard won't he; | am free mar
or words to tkst effect All TINS IL loud tone Oi VOC
highly cxc'scd manner, and within hearing of ofiices
and j., the immediate vicinity of enlisted men Of L.
Company Z, 81 Artillery IN 'he camp Of the fn,c-r
Column Utah Forces, near Fort kearney, ~ L., on ="
about the 3lst day of july, ls5S, IL
To which charges and Specifications tie accus-
pleaded as ioiows
To the specification 70 the frs, charge, guilty
To the first charge, not guilty.
To the specification e the second charge not guilt
To the second charge. Lot guilty.
The Court, after mature d~lioera,ion, finds the -
cuscd H. follows
OF the spec chcston 70 tie first charge, guilty.
or the first charge, guilty.
O. the specification L" the second charge, guilty.
OF the second charge, guilty. ~
And the Court does therefore sentence him, j.,
Lieutenant John Edwards, jr. OF tine 81 Artillery, ~ ~
be reprimanded IN general orders by t.c commando
officer Of the Department, and TO De confined 20 I
limits Of the camp or quarters o. hs company or ref
ment for six months, attending to al ms dnies. We
ii. The proceedings ~ the foregoing cases ma h.
been laid before the Commanding General, and t''
following s bis action thereon: IN
Tie finding Of the Court on the third specihcati(G'
fret charge aud the second charge u not approve
the senteice is however, confirmed. 81;
The decision Of the Court, that 30 much OF the spe
fctop proved under the second charge in the case VI
Lieut. GAY dOes rot sustain the chaTge-for such -
virtually the effect OF tho findngcannot De concur
in Lieut.. Gays application is go manifestly impropin
that this finding only be attributed 10 the belief
the innocent intention Of tho prison er, which lie T.,
tompts to prove by opinions formed Of his mahner " -
the time, aud by the dsclaimng, on the following da!,
all premeditated OffeIse. The testimony produced ~
the prisoner to show that disrespect was intend6
by hs letter, is not regarded es evidence. The be-
evidence IN such is the writing tGcf the La
of yylich W IL a. a amHl-
guilty, should he interpreted as to its iltents by t
Court by its popular and customary use. The inter-
cannot Inferred from the OF the accused nCi
from his professions Of innocence after offending TIE
most serious ofleDses may be Intentionally comnitteu
with air OF innocence well calculated to deceive tie
uDsnspectiDg, and an~r commits ssonesU scellv wh@h
the offender is cognzal that he Is TO oe heli accou.
abe--the hope of wardng of apprehended danger is
strong nducemeIt to attempt 10 shield himself under
professions of innocence iiom the just reouke oi s
peers and punishment under the law. .
With regard 10 the subject Oi tie Application itscI,
the Commanding General finds much III II that is rep
rehensible Lieut.. Gay asks for soldere to oe EN-,
ployed by order on duty menal in lie character anu
which is no part of THEN duty, and in no wise con-
tected with tie public interests With tine same pro-
piety wight he have applied for an officer to supern'
tend this duty, If proper DUTY as he suppo7es IT,
The finding of the Court on tins charge, ana tue en
eucy in s sentence on the finding under the Other,
are well calculated TO excite deep solicude for the
healthy tone and discipline OF our army when necls
strong hand and wse control through our conrts 10
check any tendency 10 NATURALIZATION anu heBNCt W
duty
By the avoidance Of duty rather than application TO
il bv lis unauthorized absence at distance from his
command and consequent want of attention To iiis
men and by his tone to hls commanding officer, Lieut.
Gay indicates lie has forgotten, IN measure, s obi
cations to the service, and Dsundcrstands the duties
of his position. Educated by his country, he owes her
the benefit o the talents sue has developed selected
for and maintained in position which few are iortu-
nate in obtaining ana thousands are desrOus O hlng,
she claims the time and devotion to her interests TO
which che is entitled and can procure from others;
sustained in profession winch il characterized by
the high tone of IL members, II ought to be his first
care TO maintain in all their integrity, by his conduct
and example, those elevated principles and that cOur
tesy which mark its excellence.
Tie sentence in the case OF Lieut.. Edwards is con-
frmed. Believing that Lieut.. Edwards will find IN
the decision Of the Court sufficient rcbuke for his
conduct as part of his punishment the Commanding
General deems unnecessary to make any remarks As
q reprmand but directs the remainder Of the sentence
to be carried into eject
Ill. Lieut.. Edwards of the 81 Artillery, and Lieut..
Coy Of the ID Dragons are released from arrest AMI
restored to duty.
" The Commanding General expresses his dsap
probation Of the practice developed IN the testimony
before this Court of leaving II discretionary with ol
GERS TO absent themselves, al pleasure, from their
commands, provided they are not absent on any
du,ya practice which is contrary to the spirit OF the
law and regulations and permits officers to Judge Of
the necessity of being present IN camp, and leads,
though not desgnedly, TO a derelction of duty.
'By order Of Bu Brig Gen. A. :. JOHNSTON.
(Sgueo) T. ). fOhIEI, aSt ADJ Zen