The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-16
Army Intolllspuc~.
oouxr MARITAL OF nAJos ossoss ono

- u u
shfstf Army IntelllGunos.
C0URr MARITAL OF MAJok 0ssoRN CROss.
The Curt oooveoed yesterday u hAx past eleven
ocIock-ah the members present-Csps. Samuel Joces
acting - Judge Advocate, ami Colonel Mansfield pre-
siding
Major Cross, the accused. was attended By hs nephew
Mr.. W. B. Cro@, OF Washington, - legal adviser
About half dozen officers Of the Uated States army were
also present
The proceedings commenced by Major Gross hand
Ing In several documents, which wore TO form part Of
his defence. Among them letters from General john
J. Wool and Assistant Quarternastcr General Charles
Thomss giving the highest character Of Major Cross
an officer and abiding 70 his sesvices in tho Mexican war
In very comp imeDtary ternas
Mr.. William Cross then read the defence on tho part
Of The accused who admitted that he had apparently or
cnded sganst tho which required an officer 70 keep
his funds deposited with the Assistant Treasurer But he
oontended that though this might bring aim within the
letter Of the charges preferred against him, II
could not bring him within their spirit. While
both willing AMI ready % obey tbs order %
turn over the moneys due tho government 10
bis successor, hc was prevented from doing 30
BY overriding impeachment Before the arrival Of Col
engaged In arranging them he ordered on duty TO
Oregon, nom which had hut short time returned be.
Icie IeceNne ten Jesups d1ccuons now 70 Turn over
pgon CITY, where he declared 10 the authorities that ne
Wa ~nne 70 pay up wnasever appeared 70 90 aue re-
due Ho demanded permission 70 return 70 California
mako complete examination Of his accounts and also TO
ns AN ANU. r .ne payIea. .1o "sance s.Acons
meciaely went TO San Francisco where wolfe xamiuog
9,s soooun~ no uneAPec.ecly received porempoy or
and to send receipts therefor by OF post he
VS. 'Sus oonesa 70 cease nus mvo6agsuon ana pay 70
s'o4o' MAKING, WIN some sS0o more PAID by MIN,
q q sun eAoeeopg oe wno'e kmount on nus denciency.
sllce ,nsn ne nad not Deen apo 70 continue tne
cAsmoeuon N us sooouns owing 70 tno painioi
suspense DC nae oeen IN and on otner accounts Asre
esds pie cercate IN hs monthly .atement OF February
oo 70 oe enect tnst tne money Tor wncn no was deu
cent was With the Treasurer at San Francisco
ne explained that " was occasoped py mis- nurriedy CIV
ing hs sign ssure to the documents when presented
ey bis Clerk In whose statement that all was c1rect he
paced soon alter they had been sent to Wash
the the osen
ZbP some twenty odd thousand dollars he said consist
cd in the simple proof Of facts h had denied BE hsd
supposed that attempt would DO made to support this
serious charge by proving that the fact really by
positive proof, bu, only the arguments as were
brought forward sustain miideet charge were ad
dueeo sustain that Of excitement also Che Secoud
charge, be commended, rested merely upon presumption
sDd he questioned the power OF the Court to proceed
with trial in sucn way, in effect reversing
the humane and universal rule Of supposing one
innocent until found guilty. Only when Il prove1 tia
las verified public money 10 his use invested
IN property, leaned with without interest should
he DC sojuSgsd guilty Of smse.se%eu. The accused
narsh He concluded az ellows:"I certapiy claim 10
bave had my full hare Of the arduous duties In the de
troos hs, went 70 the Rio snde the eve Of our nor
department that ct Vera Cruz at ,he Close Of the war In
the interval was also charged with the ira usportaon o
esss woss :GnT ss H. lengthy march TIE
lac field OF Buepa Vista and aIso served with some ds
Mexico Immedis,sly After the war made the nscTeer
trip across he plains and Rocky Mountains with ths
tioosd IN California for Hve years The testmonv also
Of General Wool aud others as presented IN the
done vast deal more TO the same effect il vas thai
ft that If INV charac AZ an ocer was avail me in
this my need, might appeal With confidence to the know
the DECLARATION thai have ever mautaned in tina service
the character OF an efficient officer ana man OF integrity
rne last at least hope the Court will leave me- and
should feel oousraned 70 subject me 70 the censure Of
the DepsrtreD other penalty for disobedence OF or
ders trust viii NOT also to the pvejudice OF nv good
bacge guilt, least do not wear-l gotten gain
After having enjoyed through most Of my life compe
tency private MEANS find the last remnant OF that
swept away by my recent difficulties and nothing left but
my character That earnestly ask the Court respect
cate said think it proper before closing this case to
submit to the Court statement which shall brief
can well make T. am induced 70 do 30 chiefly because
s'ety Of admitting a. testimony what Major Cross has
on oath afr med he mr. Ferguson) would state no
witness before this Court Major Cross charged, first
with dsooedence OF the orders ana regulations OF the
army; secondly OF misappiicston ana embezzemen OF
ouonc money entrusted 70 lin TO the sDecicsti0n OF
he ba. sntsrS ouaed rss 81 oaiItu anu To ,h %
l,e nec en'oLou 4ua.nou Poe VI suh.y ~ no sooonu
cnarge ana speclceuon ne mas pieaoeo not guilty. me
rs charge based on the 99tn article OF aud Ieaye
it to the Court with the testimony, his plea and
defence. The second charge Ia under the 30th
article of war Tho nro0f relied on nv tho
N sunport thes cbarees Won will and IN Tho
documents before you and the testimony OF General
Jeeup and Mr. Gordon. It appears from their estinony
that on the 2Sh of February 1857 Major Cross was 70.
sponslble for certain sum OF money ($4776 12 which
he certified was deposited in gold the United States
Treasury. On the 3Ist Of July he responsible for