The New York herald., 1862-12-28
TINE ponTrR COUNT MARTIAL.

h0uP.
ne szani.atiaa q esawai Nessa was Sssunsd ~ ~.
Esnss for the defenca
Abeus sunset The 2oh q Ausss he rscsivsd IN order
70 attack the enemy q cnoe, anA while putting the IN
position the ordsr eountsrmanded He kept thom ia
position Ill night Except few sxchanes o( shots be
skrmshss and pickss during the ay hs heard no
vosys In force m about evening, and these appsard 10
have receAsd 1he only attack they could have made
about sundown was the enemy 10 their front. aank
attack could net have been made on the left
and twould have been impossible, In rood
order. 70 have got the artillery through Tho
woods on the right BY daylight. Infantry Nigh.
have got through He dd not hear Captain Drake Do Kay
Ne attn OF August state that Gen. Hooksrs troops
were out Of ammunition and that herswas any necessity
Of an immediate 70 hs relief On the morning Of the
30th just before daylight he received order from Gen.
Porter 70 loee not moment In moving biz column and
Gem cn being g sov: &:
movement Of the troops in front Of them, who marched
By road through the woods, and wsnt BY way of
Griffn's brigade Gen. Butter1elds aud Col. Barnes
brigades went up The 0roveon road be dis
he hurried 10 join the other brigades, having nrst
advised General Grthns brigade, soon % they bad
his other Srgades lust ss they wers coming out Of action
He was n daily and frequent Intercourse with General
Porter AZ no time did General Porter fail % exhibit
Of General Pope, and 70 cooperate tn carrying out the
latters plans
On cross examination General Morell sadf his br,-
gadcs bad followed General Sykes division Il would have
taken them 70 the battle Held. Taking extra caution
In protecting their caused General dris brigade
which was 10 the roar 70 lose sight Of those IN ADVANCE
On the 9th two Of his orgades marched about eighteen
miles and the other brigade twenty miles. With the
Landing In the interim day and night were spent
all night He did not Infer from General Popes order
march at one T. on the 2Sth Of August that battle
was imminent There more or less fighting every
day, and likelihood Of its beng resumed any moent
Colonel Rugges was next examined and stated that he
was Chief ssGeneral Popes STAR On the "a Of sepssm.
Der he was present In when Generals Pope and
Porter had conversation. He writing at the time,
but beard enough Of The ccnversaton 70 know that
related TO the operations Of the few days previous n
closing the two Generals rsse and General Pope said 70
General Porter that his explanations were satisfactory
Of the matter Of the one Brigade Which he Knew rom
what he had heard before 70 refer Grinns brigade
according to the best Of his recollection he reminded
which he General Pope) had made to General Porter,
expressing satisfaction with the conduct Of his command
In his he stated that this reminder
to General Pope he had recollection o. could
not swear positively as 70 It. General Pope told him
ment In General Porters trial. He told him ho did net
know the facts Of the case sufficiently well for that pur
bss and por me ne De-
and Chief Of star OF th, Generals Chief.
He was summoned - . witness BY the government
and Afterwards reported to the Judge Advocate Gh9
court Was telegraphed for the 2d inst. the iu
stance Of the accused He could say his feelings
had trouble with several members Of his sta0 and him
self amongst thom. He speaking terms with the
General and would call on him while he was 10 the citv
General Porter submitted The following protest
WAsHMoros D. C4Dec. 26, 1862
with all proper respect for the ruling Of the Court Of
Wednesday, fusna the accused the right 10 give evil
dence the kilograms and messages he offered dated before
and after the 2sth Of Augusihat cay from August
x2 % lSo2-he begs leave TO enter on s pro-
The accused scharged among other things with having
Of the 27th md 2sh Of August-4ao p NJ and 18th Of
AugustS6O P.Nand the prosecution has endeavored 70
prove that such disobedence by design and because
Of nxed purpose the part Of the accused only 70
cooperate with the general In the command in the sxst
ing campaign but % fail in his duty in that regard With
esssm with those oS sos sy Ss
Judge Advocate not objected TO by the accused when the
By with hs
opnisns Of the witnesses Roberts and Smith, founded a.
ncy ssa on wess & they 2 DO the manner and
said he bad heard from another that the accused would
fail the Commander n Chief.
produced to show the ani Of the accused towards his
chief and in that aspect Vas admitted By she Court Ths
description be admissibis, a he comedies Il Is,
equally admissible is his right 70 show BY bis con-
rops By wh. ss Sy ~S e.
said orally In writing that the asserted purpose
alleged entass. lis wholly untrue but that, the con
tray his real purpose, his real osms from the rs 70
the last was 70 do his whole duty to the utmost OF bio
ability and render his general and his country all the
the prosecution had contented itself with exhibiting
the orders n the specifications, which he ID said have
dsoseysd and giving evidence Of the fact Of disobed
which the court has ruled out should have been received
but when, content with that course has attempted
that from personal rudge 70 his general or other cause
ho deegnedly disobsyed such ORDERS he 10 advised that
rules of evidence are the same in courts martial Is IN
other courts They are based On principals Of universal
application, and Which, e s,pe.ieoce hss Demonstrated
where mental intent with which an act is done
the time when as iassns charged 10 have existed ssss @
ss given " :,
Of Of alleged bankruptcy Or insolvency change OF
rssdsocs and q many other acts Of alleged sud she
one b. not oten depends upon the intent with which It is
DONE and whatever the party az before after
intent. In the sscond whether man has changed his
residence asr depends on intent He have removed
or s s %:
or dsprovs intsnt IN The third. whether che imputed
!rs:d wss ps.ps:rassd or not: sf.sn Sspsnds % In
give. % rs aesasi character, and a. his purpose may may
'Ssno % q ssss ss' ~ .sS % ros S S
imputed act. This princips. em advised. Is fully set-
bS ss az cSSr II Ss II
other cases. that Of wood w. he United states 10 Pc,es
so2. and IL respectfully hoped that shs Court will
further consideration tho Justice OF tho r1e Its
tice strikngy il,ustrsted IN this Instance 1he ac-
cussd u charged with tie dishonoabls tsorous pur-
pose s( having dsrsgarded the orders " his chef
crafty some supposed personal siIon with hn
wholly reckless Of ~ coaeequeuces 70 hn ccuntry He
charged with having caused the dseat Of our arms and
hasarded the safety the capital, under the
grading Impulse One Of the witnssses hes sworn with
out objection from che Judge Advocate Of the Court that
decreased ocer Of chivarcus charactes and spotless
ha declared him. before the date OF either
~ the orders that the accused would fail his chief An
other stated without objection, thst ME conduct
and IN his presence such, that he sas
nsd he wasA traitor and that Dothng but the fear
Of human laws prevented his killing the accused o. the
spot This evidence was offered end received 70 show h
e,iDws. HE int9pt
basens of The ealumny did not object 70 ~ inroduc
tion being perfectly willing 70 st Il I'll 90 for what
worth; but deny him tho sight AFTER b received by
the Court, " meet u BY proving what y wholly In
consistent with H. acts q duty about The same period