New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-28


testimony, ana the zcnI, fidelity and im'
partially OF the Judge Advocate, e. Walter
West.
ARGUMENT FOR THE PROSECUTION.
After long, patient and deliberate investigation
By his peers, during which every Indulgence was
granted TO the accused and every engine Of power
cot in motion to facilitate his ust defense, tins H.
sury, BY Generals reckousd among the most inteli-
gent ard most experienced in the army, he's been
brought 10 g close. On the part Of the Government
We have had no interest but elicit the truth, the
whole truth and nothing but the truth, and sub
nit the following facts haviog been proved partly
by the testimony of the prosecution aud partly by
that Of the defense.
Between the hours Of IL and 70 o'clock ,, M on
Ist July, al Malvern House, Virginia, Gen. Porter
ordered Gen. Morell TO march hls division immedi-
ately toward Harrsoa's Landing. Gen. Morell re-
turned to Malvera battlefield, and collecting his
division, proceeded 10 the crest of Malvern Hin with
Geu MariinGale, who was at the head OF the LIST
brigade, now leading of the retreat Of the division
The ID Maine Regiment leo Martindale's BRIGADE
which was composed Of the 25th Y. y, 18th n. Y,
ls' Mich, 22t aass., and % Maine. NE bngade
was retreating let front from the enemy and It's
march being impedea hy some passing artillery
halted at tne of Malvern Hill for about half
hour. When the brigade halted, Gen. Morel went
TO Malvern House, aud soon after quilted II N COM
pany with Gen. Porter and Gen. ButterGeId, from
whom he parted before reaching the deiile q. the
foot of the hill. During Gen. Morels absence, Gen.
MaItindaie had moved the brigade down ,he 8ili q
short distance 10 tie opening Of the defe. Gen.
Morell moi finding Gen. Martndale where he had
left hin, supposed he rad gone He then ordered
che Is, Michigan Regiment. and the other regmeDts
OF the brigade, when they had an opportunity, 10
pass around the left flank OF the artillery. ard
proceed toward HarrisOn's. Detachments of thu
LIST Michigan and I'D massachusetts, cid SO proceed
together, with large number of sragelers and de-
tachments OF: broken mp regiments. This order OF
Gen. Morel was at the tine unknown 10 Gen. Mar
tindale, who was unable 10 find him. Gen. More
then proceeded alone toward Harrison's until be ar
rived 1T tie grounds Of buildNg used as hospital
In the mean time Gen. Marii0daie, at the head OF
Is brigade at the foot OF the hill mad. between tho
hours Of II and l o'clock II. I'd July, been
passed by Gems Porter and BltieSieid. Here Capt.
Hoyt told Gen. NJ 4rtindale that Z" Gen. Buiterted
tadjus passed along with Gen Porter" Gen. Martin
dis tbel gave the command, " Forward, an order
which the troops rOund 1t impossible to obey III keep
Ing up with Gen. Nariudae, the road was blocked
Up by artillery, which had possession OF the track.
Beside this, there great confusion Of troops,
infantry and cavalry, pushing along as rapidly az
possible, and picking their way along the sldes OF
the road. Gen. Martindale, however, rode on, thus
separating himself from nis brigade, passed through
tie deiiie, and subsequently, overlook Gen. Butter
field, who had not long before parted from Gen.
Porter. A conversation between them ensued,
which confined TO expressions OF regret that the
stern necessities of wsS had compelled them 10 ADAM
don their wounded. But Gen. Martindale also
questioned Gen. Butterielj to "wby we were
refreshing or what ii meant" They proceeded
toward the hospital grounds, which, before they
reached, passed by two desachments in disorder
of the LIST Michigan and I'D Massachusetts In the
osrkDess snd conls on, ,heAe detachmenis had left
tho brigade aud preceded Gen. Martlndafe toward
Iiarrison's. In the hospital grounds Gems. Morel,
hsrtindale. and Buterheld met. Gen. Morell sad
20 Gen. Mar indale " thought you had gone on"
Gen. Martindale replied, NO; have been waiting |
foryou Come here" Gen. Martindale tren say
ing" Butterheid, yoa too" told bin 80 attend, and
hear what Was sail. Col Roberts OF the "a Maine
kere came up on fOog and Gen. Martindale beckOned
10 him 10 approach, saying Roberts, set here
Gen. hgrti1dale then said, Roberts, you are q
shrewd man." Col. Roberts replied, " am looking
for my hOrse." Then Gen. hariindale. whose man
Der was excited pointing 10 the road where the 3
troops and artillery were .ssng in apparent con-
fusion esjd, "Se0 here all understand what TINS
means. Before The battle we might have made
terms. Now see where we are. | propose that we
stay here and give ourselves up" GeC. horeil re-
piled abruptly aud decidedly, " No; Will 20 with
the troops." Col. Roberts also replied, " We Will
so on" Gen. Martindale then sad, well that ent'
the matter Gen. MgrIndale then tad short CONVEX
satOn about his sick with ten. MOrc and stated
that he was gong TO the hospital in search OF bun.
Gen. Morel hen gave him permission to 30 there.
Gen. Buite.iicd, WHO was controlling re.tiYe
horse and slightly apart during these conversations,
did not bear all that SAID, bur says, va uey:
''The PORTIONS that did hear seemed 10 me 10 Ie
late 20 a desire or proposition from Gen. Martlndle
to Gen. MOrell that somebody or something should
remain with these wounded men, and not abandon
them" Geus. Martindale and Butseriieid then pro-
ceedsd togstner, or within short distance o. each
other 10 the hospital. Gen. MoTel then protested
toward Harrison p; but be neither met nor Iassed
any of Gen. Mafundale's troops on the ro4d Inc
leading regiment OF Martindales brigade, the u
Maine had not arrived opposite the hospital grounds
syhen Gen. Moren left them. We next bear OF Gen
Nisrtindale, oN alone, overtsking Gen. Porter and
aff about four lf miles from Malvern, toward Har-
rison's Gen. Porter surprised at Gen. MARTA
e,ale's position as he knew MOreus DIVISION was
s,il in rear of the reserve artillery. Furthermore
Gen Porter had not overtaken any Of Gen. A4artln-
jale's regiments since be passed sOen. Maftnaaie
al the foot Of Malvern Hill. Gen. Porter WIS then
almost Immediately summoned away, aud Go9. Mar !
tindale proceeded with Gen. Porters staff toward |
Hgrrson's In the vicinity OF Harfison's, between /
4bs hours OF 8 and o'clock IN the morning, Gen. !
Martpdgle parted with Gen. PoIters STAN ana Gu
tered the camp of the 18Th Mass achusetts Honn'ees
:. reoimeot which did not belong to his command
Col Locke who was on Gen. Porte-'s siaii, tesli-
Res that he met none OF Gen. Mgrtindales regiments
from, tue tire lie Col Locke quilted me 1907 OF
Mslvern Hill None oil Gen. MartlnG4les troops
accommodated him when he entered the camp Of The
zen Massachusetts. The Leading regiment OF ten'
Martindales brigade the ID Manuel came INTO camp
.,me two or three hours after Gen. Aaftlncale hhu
srrved. Al 10 o'clock but TWO Of Morells Teg-
y,epts had arrived in camp. II appears that al
about O'Clock in the morning de;atehments Oi tne
IA, MICHIGAN and l2th New-YOrk were about mile
from Uarrsons They had, however, received no
orders from Gen. Marlndae sl &c they hsa ieIt ,he
brigade which wss come three or Tour mAts DelHlu
toward the eneKy. We have thus seen 'lat 09 Gu
Martiudale separated himself from his brigade be.
tween II aud clock on tho morning OF the 80 oil
July; then proceeded 70 the hospital grounds, WhSa
Ae had the conversation already detailed tben nc