The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-05
Army Intslilgcnce,
COURT MARTIAL OF MAJOR OSBORN CROSS FOR EMH
ZLEMENT OF THE PUBLIC MONEY.


COURT MARTIAL OF MAJOR OSBORN CROSS FOR EMgEZ-
zLEMkNr OF THE PUBLIC MONEY.
PROCEEDINGS OF YESTERDAY.
The COURT assembled yesterday morning at Tx
O'Clock at the army quarters ia State street. Coonei Mana
field presiding. All the members present. and
spectators, among whom Mr. VIM A. Gordon OF the
Qaastermsster Generals Department at Washington and
Mr. Thornton Hjor Cross also attended, BEFORE the
attire Of plain citizen.
The Judge Advocate opened the proceedings by reading
the minutes Of the last meeting, which objsc
tops were offered.
Msjor Cross, the accused arose and sad:-I do not
know whether s proper this stage OF the proceedings
to speak of matter which is OF considerable importance
10 this case. have an important witness f my defence
in San Francisco California, to whom have addressed
letter, which will leave by he mail which will be des
patched from here to morrow Toe testimony win
be OF the highest importance. ! have placed q
Letter on this subject in the hands Of the
yuoge Advocate, which I desire 70 have LAID
before this Court. believe s necessary to lay the
Whole matter before the Court under oath l spoke
Col Lee, who At first designated Judge Advocate
the ual of my case and from him understood taat it
would be necessary to take this desire
tnst when VAS in Washington conversed about this
matter susg es,ion thai would save tue
Court Msriia great Inconvenience by appointing
San Francisco the place for the meeting OF the Court
The Judge Advocste then read tho letter referred
New York, August g. 1852
CAP1AN:-1 desire to prove by Mr. D Ferguson of San
Francisco hat in making hssty ard partial ion
OF some OF my he found 20 sho
oerangemsn. Of my public papers, and viii account for
some Of the money which D,w sand charged with a.
having used for my own benefit.
look upon Mr. Ferguson testimony important to
be taken or he be required appear before this Court
wish this letter placed Oh nle IN this trial.
Respectfully, sir, your obedient servant,
o CROSS, Major ard Quarter MASTER.
Capt SAMUEL JONES, FIRST artillery, Judge Advocate
Major Eaton observed that II was his impression that
the United States Attorney General had recently decided
tho. Court Martial bad no power to compel The attend
Major Crose that such q witness could not
be compelled 10 attend but be presumed he Mr Fergu
sony could be required to make deposition.
Col Buchanan said he Understood Mr.. Ferguson 10
zoe United states service and ~ such he could be con-
The Judge Advocate said that the letter referred by
previous and as Major Cross had not CON
Piled with the army regulations, which required the &C
cuted to submit an application for postponement In
writing under oath ana before the plea could not take
any tteps toward procuring the attendance OF Mr. Ferg
con, as such course would be attended with great
vepepce and delay The Judge then fro the arcay
rules and regulations the paragraph winch provided that
when the accused requires toe attendance of witness
from another State the application should made under
OATH and the should satisfy the Court that the
evidence OF said witness material and that his attend
snce would be procured within reasonable period and
Major Cross reped that he well aware he had rot
strictly Piled with the army regulations which refer
red to this matter but be commended that had complied
% nearly as possible After all these rules we're not DO
stvc, and ougot not to be binding the present case
q.
Judge Advocate the subject, and Dad been given TO
understand that would be necessary him TO lay the
matter before the Court Martial whea would be IN
session before taklrg action It only very re
Gently indeed, that he had received copy charges
preferred against hmonly few days ago. in fact since
they were furnished him full. IL could hardly be ex
pected them that he would be soon prepared With his
saserlent, but he would prepare required state
ment in few minutes, If necessary. Under the crcum
stances, therefore, would be hardly fair take advsn
tage Of VIDA, might be called his want Of information.
The Court here held secret dei,oeyation for a
mene, and when reopened COL Mansfield rendered
decaon which 10 the effect that the Court would
take no action on the letter OF Major Cross until he (he
Msof) had complied with the provisions Of paragraph
No 1858 Of the Army Regulations.
Major Cross then said that he did desire reard
the proceedings Of the Court by asking for adjourn
ment there were msny other matters which the Court
could proceed with while ne preparing the required
statement But if this course not form, he would
ask for an adjournment III! (ths} morning
when be expected TO be fully prepared. he had many
little tn nes TO attend to, and would obise him greatly
If She Court would ADOPT his suggestion.
Colonel Buchanan, 10 compliance with this demand OF
the sccused moved adjourn mept Of the Court TILL tea
O'Clock this morning, which carried
TO THE EDITOR OF THE HERALD.
New YORK, August 4, 1852.
sia-In reply to the remarks in your paper OF to day
which calculated TO give the impression the public
that before tho General Court Martial in this
city defaulter to the government, ii due to myself
thst should STATE that an not
The amount claimed by the government from me, in
1857, MAS promptly paid, and owe it nothing On the
contrary when accounts settled it will be shown
the United States Is in my debt
By giving this an Insertion in your paper you will obge
the undersigned. o. CR0S3, Major u s. A.
SuDreme Court- SnecsaI T4ru,.