The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1864-11-05

conclusiye. and q request was forwarded
tonight to the Secretsrysof Warrior Per
mission to release him.
The old man Ferry, who pleaded guilty,
will not be put on trial. z. .aASa !
The Court adjourned tonight to meet
here tomorrow for the TRIAL Of Col. North
aud the parties arrested yesterday Tor COM
plicity Ii tho same oGenoes e&A. .as
Donohue fights it-ont with an aiy Of in
iured innocence, although proven to have
given his own character in the remark &c
Ferry, while fofgingsieuatures, that "You,
{Ferryl area d-dcscoandrels and III Don
ohueN am your clerk" Donohue was also
8 lawyer IN Albany before having been
sent on: for this business by Gov. Sey.
mour. - 8s astie gaH 5 ssa
Whatever may be the result of This tria'
no one can read the evidence and resist the
corv lotion that Gov. Seymour, his Com
msssary General, the Sheriff OF Albany
with.other prominent Copperhead leaders,
were fully oonversant with the preparation
lnny. Well may these conspirators have
calculated in the State Committee on car
rying Copperhead majority Of seventy.
tive thousand up to Albany. So @
THE TRIAL OF TEE CoNsrIRA-oRs.
BALTIMORE, Friday, Oct. 3.-The Mill.
tary Commission TO investigate the alleged
rauds in taking the vote OF the soldiers
rom New York, was resumed to-day.
Donohue was brought into Court about
o. clock. He had no council, but proceed.
ed in his own hehalf to object TO the juris.
diction Of the Court.
inr signed certain blanks with the name Of
G. s. Arthur, Captain and Aio-de-C Camp,
and no others: and az it did not appear that
he was an officer Of the State Of New York,
or Of the United States, he commended nc
crime had been committed.
The Judge Advocate said the prisoner
first Wishes to object to the jurisdiction o.
the Court, on the ground that the offence
q military bat civil court. In the second
place, pleading to the merits. He pleads
guilty Of having signed certain blanks
mentioned, in the act referred 70, in the
name Of c. g. Arthur, Captain and A. A.
O.; but that he 10 not guilty Of having sign
ed any other oficers' or privates' names.
He claims that this signing, not having
specified the regiment Of the officer, and
it not appearing that there was any officer
State Of New York, did not constitute a
crime; that such votes were on their face
illegal, and could not be received. It is
but fair to state that the Government claims
that the accused has forged the names OF
soldiers and Of other officers, specifying
regiments. It will therefore be necessary
for the Government g 60 into proof on
would decide first the question Of jurisdic-
ton.
Judge Advocate-In my opinion, the
court has Jurisdiction Of the, Eaqe for the
reason that tho crime a. alleged was COM
mitted by the pera0nating Of soldiers now
in the volunteer service Of tho United
States, and signing their names 10 election
blanks for the puTpc.s Of dstEsndihg col
against the State Of New York. To con-
stitute o crime against that State, offense
must be committed within the State.-
This crime was committed within the
State Of Maryland. II the State Of New
York were to attempt to punish 1t, It would
not be known in what court 70 try the
prisoner. The crime was not committed
New York could have NO jurisdiction. On
the other hand, il IL not Q crime against
the State Of Maryland. It il neither the
common law crime Of forgery, which -!
quires that il should b for The cake Of gain
Of money nor is It . statutory crime in
Maryland. It is not crime AgainAt The
civil laws Of the United States. Hence, if
q military court has no power 70 try the
the State Of New York, entitled, IAN act
TO enable qualified electors Of this STATE, alb
sent therefrom and In the military service
OF the United States, in the army or navy,
to vote, is only intended to DO . law IN
time OF actual war when gl0ss military
law is the Law Of the land. The crime
goes directly to the efficacy Of the service.
to vote, the knowledge that he was de-
frauded Of it, would have . demoralizing
effect. II his false vote be received at the
polls, his true vote, when presented after
wards, viii BE- rejected. The very founda-
.iation OF the government which guards
the rights Of the 81 ti2ens ~ electors, is by
that act attacked, and the only mode in
military authority. The ,offense 10, to q
great extent, violation OF General Order
No. 265, which commands officers to take
measures TO secure freedom ana fairness Of
election, and to see that IL shall b ccnduc-
ted with due regard TO good order and mil
itary discipline. What greater attack on
good order and discipline than this?
The Court declared 1t had Jurisdiction in
tho case.
Mr.. Orville <; Wood, Of West Chszy,
Clinton county n. r., was then sworn on
the part Of the Government, and .eetified in
substance ~ follows: '7.1
Resides at West Chazy, Clinton countx.
n. T.; Is merchant; came to Baltimore
as tho agent Of the Union COMMITTEES OF
his county, to assist in procuring soldiers'
votes it this city; visited Fort McHonrv.
ana there met Capt HcDermott, Of the
slst New York, and several soldiers from
Clinton county; stopped there two or
three days; in conversation with Cant.
NcDermott in relation to the voting or eol-
diers, he remarked that there had been
some "oheckersplaying,n and his suspi-
caons were aroused visited Newton Uni
versify Hospital, and from what 80 heard
there suspected somsthipe was vrone
went TO The Office Of the State agency. &
Lafayette street, and there met Nr. Fer
~ /; asked him how things were setting
along, giving him to understand that he
woody belonged TO the Mcclellan partv
Ferry desired 70 know X ho had ecomm{e.
eion from Gov. Seymour: he told him
That he bad not, but he represented his
county committee. Mr.. Ferry deeired to
see ms oommission. He said he had none.
put ne bad list Of the soldiers Of his
county, which appeared to satisfy Mr..
rerry. He told Mr. Ferry that he came TO
baltimore to get the vote Of the olst New
YORK. he was informed that it had been
taken; Mcclellan received zoo votes. and
LINCOLN ~. He expressed surprise at the
sm n.. n a4 oivotes pollsd for Lincoln.