The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-08-04


septsd = Syracuse 70 select delegates then or direct
when, bow s?d ~ whom said delegation shall cho
may have pean the original intention 70 incorporate
the call the selection OF the delegates and may be hat
the action 4 tho tards induced the COMMITTEES 70 modify
the call - sp r. But as there always ~
expected That Ii cti0n the COMMITTEES 70 sy viii pro-
ouce entire peaC nd harmony.
Army intelligence.
COURT MARITAL or MAJOR OSBORN CROSS FOR MIS-
APPLICATION AND ExBEzzLExKNr OF THE PUBLIC
MONEY.
general court martial was held yesterday morning,
at the United States Army quarters ia State street,
the Trial OF or Osborn Cross, lately Quartermaster II
san Francisco, California. The following officers, by
order Of the War Department At Washington composed
the tribunai:-Col K Msnsheld. Inspector General;
Col Gustavu LOOMS, Fifth infantry; Col. H. K. Craig,
Ordnance DEPARTMENT; Col. D. D. Tompkins, Quarter
masters Department. COL Dixon g. Miles, Second infantry;
Brevee eut Col r. O. Buchanan Major Fourth Inf snry;
Lieut. ooL w. Ripley, Ordnance Department; Brevet
Major A. Caiy. Sixth infantry; Major John Sedgwick,
First cavalry; Major A. Mordecs Ordnance Department
ana caPs samuel Jones, First artillery, as Judge Advo
About eleven O'Clock A. all these gentlemen having
arrived me Court was formally by the Judge Ad
| vocate reading the orders from Washington.
Major Cross the accused was present in citizen dress
asd oocspsd aseAt and table by himself He tall,
pus. mm rather GOOD looking. and on the whole Of com
| where u the Stale Of Maryland.
capt Jones, the Judge Advocate demanded Of the
cused be had any objections 70 make previous 70 the
swearing In Of the members Of the Court
The Accused stated that did think II fair that
Lieut. eol Ripley should act member Of the tribunal
viewo the unfrendy relations which existed between
the Colonel and himself the accused) His previous pre-
Juices night Prednpose him 10 unsvor Judgment
Major Cross, therefore, asked that Col Ripley should not
serve on the Court Martial
Lieut.. Col. Ripley said he was not aware OF any I'M
friendly feeling between himself and the accused. Cor
tainy be had no personal anp!thy against Major Cross
Nevertheless nasnuch the accused appear ed be Of
aconnary opinion, he 90. R) would take the greatest
pleasure in beng excused from acting
The Court was then cleared Of all outsiders, but after
mitted again. when was annoupcsd that the Court
Martial had decided that the objection could not be
| tanned.
Major Crcss-l have only to say that bow submis
sion TO the gmept OF the Court leave the matter 10
| the conscience OF Col. Ripley and his oath.
| Judge Advocae-D0 you object 10 any other member
or have you any other objections whatever to ofer2
hsjOr Croes-l have not.
The Jucge Advocate then proceeded read the charges
preferred sganat Major Cross, which follows
CHANGES.
CHARGE FEST -Daobeeience of orders and the regulations
SPECIFICATION lin hst be the said Cross Quartermastsr
july 1871 d. dsobsy the orders and
,esu.uoi o. me army BY no, depospg with the assistant
IS Of S ss On ssS
| wanted for immediate use
ssesia.aion II d. be- ne said Cross ouarte,ma.,.r
day August 1857 did then and there dsoOey The orders
amt ae pses Das r the 81 4.
Quasternsse,s department In his hands and wanted for
spsesaaon Sin 'h.. BE- the said CrOss ouarter@.:er
1851 did then and there disobs, the regulation 81
The army and instruc ions Of the General BY
hh successor Lieutenant Colonel Swords Deputy
CHARGE and ENLIGHTENMENT of pub
spcdcaaonl-in thai he the said Gross, ouartermAssr
Uneo s..ss army San Francisco California the 4b OF
misppy and embesze large sum- hat Is to ssy
public Of the United States entrusted 70 him Tor the
No amendment TO these charges and specifications hay
os been resolved upon the Judge Advocate to
swear In each member Of the tribunal and was himself
sworn by Col. Mansfield the President.
Judge Advocate TO the accused -Have you anything
Say respecting these charges? Are you guilty not
Major Cross with visible emotion)-I have something
to the hrst second and third specifications of the
first charge. and to the charge ITSELF plead "guty
though Intentionally but brought about by the
Of circumstances; desire 70 remark to the Court that
person may be guilty Of charge without any criminaity
Judge Advocate-I would suggest that this is not the
time for such explanations They should reserved for
future period. What required just from the
was merely bis plea to the charges equity or not
The Court asserting to this, the Judge Advocate de-.
msnded 70 know the plea Of the accused 10 the second
| charge and specification
Asjor Croea-ro them plead not guilty.
The Judge Advocate then proceeded 70 read for the
benefit OF the tribunal certain orders regulations
ters he next called the of the court certain
statements Of Major Cross in his reports to the Quarter
| meSter
nal On this very warm discussion arose as 10 the pro
priety of admitting those documents The accused I'D
mted tho Statements and some members OF the
court argued that there could be necessity of admit
ting the reports. snce their contents ackn0 wledged
by Major Cross The Judge Advocate stated that these
documents might be evidence in matters not admitted by
the accused and therefore should be laid before
IN legal form After celebrating for some time, the
statements finally held to be admissible not with
standing the strong protesatons Of the accused These
documents three Of the regular "Monhy Summary
Satements Of Quarermaster Cross 10 the chief Of bis
February 49, 1857, Get forth that during that month
S14s3 had been expended; that s4, 776 IL had been
advanced to officers; that the balance from last
statement SIS, 259 IL, and that the balance
| due the United States was s47,775 H. Inc
"a follows Expenses balance from previous statement,
S2 III 81 and balance due the United States S23 "a
The ,nrd for monss 9e ens an Assus rs sS
ctaement III 81 and balance due the United States,
| s22, 3l2 oil.
The Judge Advocate then asked to submit letter from
the Qusr,ermaster General 10 Lieut. Col Swords relating
| 10 the charges against Major Cross.
The latter alter perusng the letter in silence for some
time objected to it's introduction irrelevant,
being only copy Of copy Of the original and there
| lore not admiss bic The objection was overrued
The Judge Advocate asked the accused If he would
admit the letter, To save lime
Major Crose-I shall admit nothing whatever respecting
Judge Advoca.e-very well then, shall have to call
Mr. Thornton TO preve II.
Mr. Thornton beng duly sworn, testified as follows
chief clerk Of the Quartermaster Generals office
in Washington have in my capacity clerk attended TO
the letters orders and Instructions to officers of the de-
| partmert; held the Office in June, 1897.
Judge Advocate Read that letter (hanoing letter.
| end tell us what you know regarding IT,
Wnese--I believe this letter is a copy OF from the
Quarter General in 1857 to Col Thomas Swords
Deputy Qoartermaster San Francisco; can't say posi-.
lively il is an exact copy have every reason
heve is and reason for saying because Of the
exceeding accuracy Of the person who copied now By
| the way, dead; know the hand writing perfectly
The Judge Advocate the letter which purported
be from the Qusrtermaster General TO Col T. Swords,
and which ned certain suspicious respecting the
honesty of Quartermaser Croes. The rter commanded
Col Swords investigate the matter thoroughly, and in
formed him that Major Cross had certified that no he
Najor) had S476 IL In the Sub Treasury San Francis
CO on the 2Sth of February 1857, when appeared he
only had 1854 10 in reality deposited therein also
stated that Major Cross had ackn0 wedecd March, 1857
to have in bis H. but there was no &C.
count Of money and what had become OF S II charg
ed that Major Cross had not turned any money
the Treasury the months Of April and May and that
place Of 600 be should have paid into the Treasury