The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-05-12

Tie Judge Aayooate said the question would not b'
admitted
u lid YOU continue at the same place dusiag the de
livery Of the whole speech
o. We're your notes taken at the time or reduced Il
/ writing altcrwafd
Ihey lakon at the tune, and as they fell from
q. were you not In citizens oiothes and how came
you 10 DO at Mount Vernon that day Did you go 70
| Ing the spoocnf
Judge Adyocate object this question the ground
! of IT'S im,naterilty.
Mr.. Vaancighen Insisted question the ground
that II explained the temper and spit the witness
ana ms reudices ana showing that the notes were
taken with reference 10 the prosecution before
tns commission, Ia being captain IL the service, and
his regiment Ia Cincinnati
The question oh eced to by the Judge Advocate,
and tho Court was cleared for deliber alton.
On openins the doors again soe Judge Advocate AN
announced that the question would be allowed.
a, twas " citizens othes and went up folf the
"a ~ him bad 10 al g sB Sses q sp Ss sS'''
Q. Did you 20 provided with pencil and paper?
The Judge Advocate objected TO question or
the witness had pencil and paper.
Q. DID you take notes OF any other speechs
A. commenced taking notes OF Mr.. Coxs speech but
considered 1t harmless, and stopped took Of
any .othor speech.
O. We're you sent expressly TO listen 10 my speeohs
A. was not any more than any other speech.
2 ~ whom were you sent or requested to gos
General OF the Military commaniant Of the city
Q. From whom did you obtain leave of absencep
Judge Advoca,eIc did not need any leave of absences
the order enough
Mr.. valandigham-rhen strike out tho words 'or re-
quested' IRON the answer, for IL leaves it ambiguous.
.. Did you make report to Captain Kemper your
return?
The Judge Advocate objected to the question: but the
Court allowed it.
A On my'return did not report to Kemper.
q. To whom did you report?
A. TO Colonel Eastman himself, and he sent me TO
headquarters Department OF the Ohio.
This closed the testimony Of Captain Hill both the
direct ana examination.
The Judge Advocate called
Capt. john A. Means, One Hundred Fifteenth Ohio
the Judge Advocate he the Mount Vernon meet
ing, and whether lie heard Mr. Vaandigha speak, and.
II so, what he said OF the war, Scr
Witness-I present ut the meeting, and heard Mr.
Valandgham address the people. was in two three
positions most OF the time, and about five
from the stand. heard the whole speech.
by the Judge AdvocateState what remarks you heard
him make, and give you his language.
Mitness-He stated the carried on for the
OF the Union, and that might have been
stopped some time ago, and the Union restored II the
pans which had been submitted had been accepted
Mr. valandigham objected TO this testimony the
ground that he had applied for subpoena to compel the
attendance of Fernando Wood, who would produce the
written evidence Of what he (Mr had about
the Of Southern Senator's to their seats Congress
Judge Advocate VIII strike from the specification
that part which refers 10 the propositions which
Southern States could be back )" &c.
To the Wtness-You will omit that part Of your tes.
timOny.
Witness continued-If the plans he had proposed him
self had been adopted would have been restored
and the south guaranteed her rights; that Richmond.
Charleston and vcksburg had not been taken, and the
Mississippi was not opened and could not be as long
cotton the banks to be stolen officers
rcled He said that after the rebuke which the adm-
nistraton received at the last fall election voun
could BIO had and the administration had
the French Consumption law But he would not
sci resistance to military or civil law That not
needed The people were not deserving TO DO freemsn
who would submit TO such entertainments their bsr.
MIR. valandigham-what was | referring 70 when
made the remark you say did?
Witnasstie was speaking Of the CONSUMPTION act He
said he believed the administration attempting
md In fhanA
had plunged the country In this cruel bloody and unne
cessary He stated that General order No. 80 was
usurpation Of that be despised-he spit upon
and tram pied under hts feet-that be- for one would
regard it, He styled the officers OF the administra
he did not ask Lincoln or Burnside whether be might
speak; that he freeman and spoke he pleased
lie stated the military orders ana proclama.lons were
meeting they had done that day. He claimed the right
and criti0se the actions OF the civil and mill
Did he advise the people to take any steps to obtain
their rights.
up together and at the ballot box to hur the yrant
from his throne In one part Of his speech he styled the
cross examined by Mr. valand,gha you take
notes at all during the delivery Of the Speech or are you
After Pende,on commenced speaking. went and wrote
out what hoard It was perhaps an hour and half
O. About what was the length Of the spesohs
A. / think about hour and , half.
".
you ever report In shorthands
Judge witness has already said he made
Mr. vaandigham wanted 70 know II he was accustomed
The Judge advocate objected to the question.
Q. You speak IL my saying the North might be won
back-was II not the South be backr Mr. viandig
ham said he noticed that the witness used the word
"Norh in place OF the "South." II was the South he
| referred TO.
A. No noticed this particularly It struck me very
| forciby.
O. You say that said that would not counsel resist.
military civil law Did not expressly counsel
the people to obey the constitution and the laws and 70
their political rights through the ballot box and to
dress personal wrongs through the judicial tribunals Of
the country and that way rebuke and put down I'D
ministrations and all usurpatons OF powerp
A. Not in that connection He said, at the last of his
Speech up TO the ballot box and hur the tyrant
O. DO you recollet the whole connection in which tina,
A. did not understand him to advise submission a,
all times.
A. remember part Of IL; but cannot remember the
language the substance - 10 answer the question
re9oa in paSo assembasos on ali public Questions
derived from General Order No. 80, but from General
order No. 1.-The constitution Of the United States
understood him TO say that his authority To speak
to the people higher than General Order No. 49, by
that military despot, Burnside. IL Order No. 1
signed Warrington. did not hear him say "constisu-
ton"
O. Were not the names Tod, Lincoln and Burnside used
10 the connection and that die not their con-
| sent 70 speak,
| A. Al another time he did use these words.
O. We're not the remarks you eey made about despis
ing splitting and trampng under foot, expressly applied
in reference to arbitrary power generally and did
in that connection General order No. Of Indiana
signed BY General Haskell, denying the right 10 crtcss
| the war policy OF the administration
A. The remarks In regard to despising and spttnc
upou were In direct reference 10 order No 3S. Some
time aterward In speaking OF the tyranny OF the nd
muisraon he did refer order No. o. and Of the rgh
70 crtcise the OF the administration said tina
submtsd 10 IL would be followed BY civil 10 Ohio
| O. Did approve condemn the order
| Judge Adv. cats-Ths question, thing, has already
been answered.
O. win you undertake 70 give any connected or mo
| half longf
| A simply remember parts Of t. do not pretend
| to give the speech just as he spoke IL
o. Were you not present IN citizens clothes, and how
came You 20 be Mount Vernon that day. by whose