The New York herald., 1862-01-15

equipments, and to be paid blythe United States when
ever called into actual service.
COLONEL KERRIaAN's pEvENcE BEFORE THE couRr
- MARTIAL.
Colonel Ksrrgan through his advocate Hon. Revsrdy
ohnson submitted his defence to the Court Martial TO-
day. The Judge Advocate Lieutenant McCol was absent
IN consequence Of Illness The defence opens with brief
statement Of the opening Of the rebellion and the
motives which acuated the accused In raising regiment
to assist in the defence Of the country 1t was with no
other desire than to vndcato the cause Of the govern
mont that he expended his small means and sxerted hs
energies to enlist the OF his regiment The second
set OF charges relating 10 the alleged reasonable ccmu
nicaton with the enemy abandonment Of his post &C.,
were considered first and separately, the accused pro-
msing his argument BY stating that At the time Of hs
arrest, upon . single charge Of disobedienos Of
an order, he solicited opportunity 70 make
explanation 10 the officer who ordered the arrest and
was denied whom he confident that his explanation
must have been satisfactory He was, however. put In
confinement and charges in addition have from time 10
time been preferred he has been for several weeks
compelled TO rest under the impuation Of disoyalty
The rst OF these charges II shameful abandonment Of
duty, h leaving his station On Munsons Hill. He do
MED that any evidence 10 produced 10 show that he was
ever stationed at Munson's HILL and claimed that, In
fact, he not stationed there At sn One witness
only Samuel Benjamin, testified vaguely that he sup.
posed the New York Twenty fifth regiment on duty
there It was also charged that he withdrew his
pickets unnecessarily from the hill. His men had
been upon harassing picket duty and work
in inrenchments and he simply ordered the pcksts 10
camp when they were relieved. II they were not re-
eved tho fault rested with other officer and he do
MED ephatcaly that the removal Of the pickets was
in consequence Of anticipated attack by tho rebels
The rebels took Munsons Hill August a, and ono
t0f hriu ainat
until after this trial commenced In reference to
the charge that the 25th Of july and at various times
between that date and August 2 the accused left his
camp, in Fairfax county, and communicated with
the rebels, the accused asks where was the
vigilance Of the loyal officers Of the ssntinels,
and Of government detectives, who must have
known the fact unless they dsrect in dutyf This
charge also, not made until after the accused had
been placed trial other charges Major Savage had
testified that Colonel Ksrrigan often out Of camp at
night and that he stated sometimes that he had been
scouting and at others that he had been visiting Colonel
Murphy's camp; but the facts all known at the
time, and II also known that he always accomps
MED by two or three other officers II had been charged
that the accused allowed two men 10 pass through his
nes who rebels upon passss that had expired but
1t proved for the defence that the men not
rebels, and the passes had not expired. The other
testimony, in regard to his conversation with
Corbitt, alleged TO be = rebel. was disposed Of by
stating that was and had been proved attempt
to draw from the latter his opinions Of the war.
The defence upon this set Of charges with strong
attes.ation Of loyalty tho part Of the accused who
stated that he has determined whether in future he
shall serve his country in the field In the position to
whish - had been chosen with great unanimity by
constituency with whom he had passed tho greater part
Of his lifs But whether in the Geld cham
Dor, he will stand by the honor OF the country.
The first Of charges examined in their order
and the testimony reviewed The defence against the
charge Of negcotng TO instruct his ocers and men 10
the battalion and school Of tactics that hs like other
officers called from civil life in the great crisis which de-
mandsd all the available force Of the country,
was not himself schooled in military knowledge;
that under the circumstances all that could be required
was reasonable capacity TO acquire such knowledge,
proper diligence its attainment and courage to use II
in the Geld. To have delayed until officers educated
would have consigned the capital TO the rebels. He
claimed that his regiment up TO the time VI his arrest
WAS Efficient and urged that this charge had not been
raised until after his arrest for disobedence Of single
and distinct order Ho argues that the charges of drunk
enness duty and Of restoring dessrer TO duty were
unsupported by evidence and were not thought Of until
the attempt to break him down had been commenced
Upon the charge which led TO Colonel Kergans arrest
at nrst, and TO which added, subsequently,
reasonable acts, brought against him after his
trial had Of disobedencc Of an order
Of General Martndalehe Gays the order given him
in tho form Of request simply, to come TO the tent
where the General instructng his officers; that be
did not dream he breaking any military rule in
leaving the temporarily and that he returned TO
when he understood that the General desired his pre-
sencs He for this placed in arrest and when he
asked the reason for IL the information denied him,
si.-s
quence
The defence prepared by Hon. Revcrdy JohDqon this
case is an elaborate and well written paper Tomorrow
the Judge Advocate will have opportunity TO be heard,
and this closes the case.
THE RELEASED PRISONERS FROM RICHMOND RETURN
ED TO CAM.
The following named twenty four exchanged prisoners
from Richmond twenty taken at the battle Of Bull run
on the 2st Of July and four while picket at Munson
Hill on the 2sth Of August paid OF at Washington
on the 18th nst and returned 10 tho camp Of their reg
ment in Virginia under direction Of Lieutenant w. Banks
They halted at Colonel Wards quarters and gave him
three times three hearty cheers their commanding
officer ut the Bull battle An overwhelming outburst
of congratulations and applause frsm the entire rcg
ment, hearty welcome from the Colonel, and suitable
refreshments, their reception. II 10 remarkable
| in these soldiers, badly wounded In many
| instances, and having suffered nve and half
months imprisonment at Richmond treated more like
dogs than men, that not would consent to
cep the furlough offered by the War Department until
they rst returned their regiment, and placed them.
selves again under the command Of Colonel Ward The
given by these men Is conclusive that the fedora
prisoners in the hands Of the rebels patriotic and
true men. Not long since q private from this regiment
deserted to the enemy, and placed in
the same prison with these men at Richmond Not
| one Of them would speak with him, and their
| tempt was 70 great that a rope was prepared TO
| hang him in the prison. The authorities found II
necessary to connne him in the prison with the
| citizens This speaks well for the character Of our
soldiers sixty-nve members Of this regiment yet
held as prisoners various portions Of the SOUTH
including Major J. D. Potter and Lieutenant Thos Ham
bin. Surgeon Griswold and Captain Hugh Mcouade, who
also prisoners have both died. the latter Of wounds