New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-29
Division. NJ brigade. followed Sykess, but Gen.

AlF .naesas Junction 10 CentreNule. NnheSs Went u
Nth Grfins brigade. Gen. Butterfield's and Col. ?
Barnes's brgades went up the Groveton road. AS d
soon as lie discovered that Gen. Grithn's brigade {
WAS on the wrong road he hurried to join the other
brigades having first advised Gen. Grithns brigade,
AZ soon as thew had received their raons to TO
the front. lie found his other brgades just SIS they
were coming out Of action. He was in daily and
frequent intercourse with Gen. Porter. At no time
did Gen. Porter fail to exhibit every possible zeal
to comply punctually with the orders OF Gen. Pope
and to cooperate in carrying out the latter plans
On cross.examination, Gen. Morell said If his I
brigades had followed Gen. Sykess division, 1t /
would have taken them TO the battlefield. Taking
extra caution in protecting their rear caused Gen.
Grilins brigade, which was In the rear, 10 lose
sight OF these in advance On the 9th two OF his brig
AIDES marched about eighteen miles, and TIE other
brigade twenty miles. With the exception OF one
day we had been marching since the night OF the
l4h of August, when we left Harrlsons Landing
In the interim, one day and night were spent on
TRANSPORTS. The night we len Falmouth we marched
all night He did not infer from Gen. POpes order
to march at a. n on the 18th Of August that bat
tie was imminent. There was more or less hshting
every day, AID likelihood of its being resumed any
moment.
| Col. Rurrles was next examined, aud stated that
he was Chief of Gen. Pope's staff. Ga the "a Of
| September he was present III room when 0eos'
Pope and Porter had IA conversation. lie was
writing at the time, but heard enough oil the con-
versaiion TO know tha. II related 10 the operations
Generals rose, aud Gen. Pope Sid to Gen. Porter
that his explanations were satisfactory. lmnks oe
SAID entirely satisfactory, with TIE exception OF 'he
matter of tine one brigade, winch he knew, IRON
what he heard before, to refer TO Or Nm brigade
According to tho best of his recollection, lie re-
minded Gen. pc few days afterward OF the re-
mark whic' he Gen. Pope had made to Gen. for-
ter, expressing satisfaction VIII inc cohdue' VI us
command. 80.
In lis cross-e8amnatIon he stated that this re-
rinder TO Gen. Pope he had sure recollection oi,
out could not swear positively rs 70 IT, Cen rope
told him that he wished him to be the chief witness
of the Government in Gen. Porters trial. lie told
HIM he di not know the facts OF the case suihcienty
well for hat purpose. He Immediately reported the
conversation between himself and Gen. Pope TO the
Adjutart-General ana Chlei-oI-o' ah OF tue oenoia
iin-Chief.
He was summoned as a witness by the Govern
ment and aiterward reported to tho Judge Advocate
Of tins Court. Was teegraphed for on the 5d INST
at the instance OF the accused lie could not say
that his feelings toward Gen. Pope are friendly, be-
cause Gen. Pope had trouble with several members
of bis staff and himself among them. He was on
Speaking terms with the General and would call ON
. HIM while he was in the city,.
Gen. Porter submitted the following protest;
WASHINGTON. D. c. Friday, Dec 49, 1862.
With all proper respect for lie ruling OF me court
Of Wednesday,, refusing the accused the rlgh' 10 give
in evidence the kilograms and messages lie offered,
dated before and after the 18th Of Augusthat ID 10
h saw from August - to September i lS62-he begs
+ leave to enter on its proceedings this protest.
Il, HE accused Is charged among OthCr things VIII
o having dsobeyed the several orders stated IN the
y specihcatious Of the 9th and Doth Of August 80
G p NJ. aud 10Th of AugustS:5 ~ p. m.ald the pros
ecuiiOn has endeavored to prove that such dsobed-
L. ence by design, and because OF ilXed purpose
on the part OF the accused not only TO cooperate win
? the General in tie command III the existing cam
il pa en- but TO fail in his duty in that regard. With
this view, certain papers, being part OF the series
of kilograms with those rejected were offered by
the Judge-Advocate, objected to by the accused
f when the purpose for which they offered WAS
stated, and received by the Court. And, with the
came object, the opinions OF the Witnesses Roberts
and Smith, founded, they said, what they rep
resent 10 be the mannsr and conversation Of tie
accused; and, also, what the first said he had
heard from another, that the accused would fail the
Commander in-Chief.
| In The words of the Judge-Advocaie this evidence
was produced TO show the aHinHs Of the accused
toward bis chief end in that aspect admitted
by The Court. The accused respectfully maintains
that II evidence Of that description he admissible
as be comedies it IT, 1t 10 equally admissible, and Is
bic night 20 show by bis conduct just before at and
after lie came under the command Of Gen. Pope, by
what he did, and by what he said orally or IN
writing that tue asserted purpose, the alleged aEi-
mus is wholly untrue; but that, on the contrary
his real purpose, his real dHsuS, from the first 10
the last was do his whole duty TO the utmost Of
nus ability and render lbs general aud bis country
all the aid in his power.
II the prosecution had conented itself with exLb-
ting the orders Ill the specifications, which be is
said to have dsobeyed, and IN giving evidence OF
the TACT OF dlsobe 1ence the accused Ii adylsed that
even them the proof which the Court has ruled out
! should have been received; but when, not content
with that course, II has attempted 10 prove his
mental purpose TO iathOm hls mind, 10 show that
from personal gIudge to his general other cause
he desigDedly dlsobeyed such ORDERS he is advised
that the evidence rejected is clearly admissible.
The general rules OF evidence the in
martial as in other courts. They based on
principles Of universal application and which, as
experience has demonstrated, are best calculated 10
ascertain the truth. One Of these-as well settled
as any known 10 the LAWS, that, where q mental
intent with which an act Is done is in s6ue. the acts
ana declarations Of the party few days before or
few days after the time when the intent is charged
10 have existed bearing on such intent, may be
given in evidence by either party.
! This il a familiar rule III cases. among Others Of
acts Of alleged bankruptcy or insolvency OF change
OF resi- ience, and of many other acts OF alleged
fraud. III the first whether the act charged az IN
act Of bankruptcy Is one or not, often depends upon
the intent with which it IL done, and whatever the
party did before or after constantly admitted as
egtlmately illustrating the actual intent. In the
second, whether man has changed his residence.
often depends Oh intent He may have removed
10 remain permanently or temporarily, and
what he has done or said before and after removing
il allowed to prove disprOvc intent In the third
wheeler ne imputed Maud was pcrpetrated not,
often depend InteU,: uneX planned, The mere act
ltscli may appear CRIMINAL Cr innocent. IL II t1e
purpose which gINtst its actual Character and tii-
puiDOse may be SHOWN by cithGr parry 10y tcts aur
de clara oub o.. tho ethOu charged .ciOrc aua alfer
the period o the imputed act IBIS principle, an.
advised is fully setil d, lot only IN ali tho cic-
InentaTy wrlielb On evidence, buJ by the supreme
Court OF the United states, among other cases,
that Of VI Ood act. the United States, 10 Peters,
3G2 and y Is respectfully hoped that the COur'
will on further confederation the justice Of the
rule. It's justice Is striAngiy illustrated IN tins IN
stance. I
The accused is charged with TIE dishonorablc,