Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-11-10

York could present an Indictment the the
offence committed outside of the State.
The court was cleared, and decided that 1t had Ju
risdction.
The JUDGE ADVOCATE then moved that Judgment should
bs upon the accused the ground that the
plea against the jurisdiction in the nature of demur
rer and that the demurrer having been overrued the
prisoners had right to plead urherthe demu rer be-
ing an admission of the charge.
Mr. GLLET stated that he had not demurred and there
fore no could plead not guilty. 1t 10 without parallel in
judicial history for court to condemn man without
trial. without particle of evidence when no demurrer was
made II not the in which enlightened tribu-
nal of the United States should administer justice II the
disposed Of without hearing would thst pro-
duce beneficial results He asked that ne be allowed
time to obtain the authorities to prove that no naa tne
right of trial.
Ike JUDGE ADVOCATE stated that the counsel of the
defence in putting 10 plea to the Jurisdiction had ADMIT
ted tho ustness of the charges 1t was matter OF favor
with the court to grant hearing.
The court cleared; and upon reopenng 1t was an
nounced that the motion of the Judge Advocate that SEN
tence DO pronounced was denied.
The prisoners then put ia the plea Of not guilty.
On motion Of Mr. GILLET to have the parties separately
tried, the court was again cleared.
The motion was denied.
MrMePHERsoN moved that the Judge Advocate elect
which Of the parties arragned is principal and which ac
| cessories
tenor Of the specifications which is the simple used
before military tribunals.
Mr.. GILLET wished to know whether all princi-
pals, and whether all accessories. different aud
distinct line of defence was applicable to each
person could not be indicted principal and as an ac-
cessory He therefore thought that the court should
qulre the Judge Advocate to specify the principal
The court was cleared and the motion was denied
The counsel desiring to consult with their cents we're
granted by the court which then took
| till O'Clock.
On the reassembng of the Commission at three O'Clock,
the counsel for defence presented list Of seventeen wit
whom they wished to be summoned, among them
E. Fenton, the Republican candidate for Governor of
New York; Judge Nelson, Of the United States Circuit
~, OoI A Ind Tnhn Gar
brother of Governor Seymour of New York; Judge
Purcell of this city and others of New York. including
| Mr. Soho6ed.
The JUDGE ADVOCATE said it was to be presumed the
demand of counsel was made in good faith but they had
presented long list of witnesses to character mostly
living at distance in the State Of New York-among
them Schofed who of the parties here indicted,
and. would be incompetent witness He objected to
running all the country to witnesses for this
purpose which would delay and he thought look
| cd little bit az if for political effect.
Gen. DOUBLEDAY said two three witnesses to
| character good thousand
Mr.. GILLET said there several parties trial.
and different witnesses would sustain the character Of each
party in bis locality He thought if any thing fair this
was.
The JUDGE ADVOCATE sad he did not think these dis
tan witnesses were all necessary as he perfectly
willing to admit that the character of Col North had here
tofore been unexceptonable; also had that of Mr.
Jones, he believed; but of the others he knew little.
Mr. GILLET explained that these proposed witnesses
of both political parties living at the homes of the
accused and therefore most proper to testify in the mat
ter One of them also the brother Of the Governor of
New York and could, his secretary testify to the
duties for which the accused were appointed.
The JUDGE ADVOCATE said he presumed it not me-
cessary to prove the parties were the State agents.
Mr. GILLET said it was emphaticaly denied that Col.
North agent such charged in the specifications
to take the votes Of soldiers electors of New York The
FIRST agent of New York here appointed years before
this law for soldiers votes passed. and not of
persons here charged had been appointed BY the Governor
under it, One of them was paymaser As regards Mr..
Scho6e it only assumption that he is Of the par
/ oh hut ha Tho Ind
well the Defence desires his presence They intend
to every hour of the time from the beginning to the
end as to what going in the of the State
agency here showing the whole business of the Office and
that gentleman the political adversary Of Col North
there during all the while in which the business Of
voting was being transacted and showing what the
particular duty of each of these parties and that
going out and around the city all the while to bring
the voters and get officers to attend there to administer
/ the oath, sign the papers, &c.
The court then cleared to consider the question Of
permitting the call of these witnesses but its being re-
opened it learned that they had reserved their de-
| csion.
The testimony for the prosecution was then com.
meDced. James o. Cephane of this city official reporter
OF the court being sworn, testified to having M M
Jones at the Od Capitol prison., when Jones made the
statement (Which has been published his confession
and witness wrote it out Col Foster with witness
at the time and supposes Jones knew who Col Foster
and what his object Witness took it down in steno
grapby The matter not read to Jones, but he
was asked if he was willing to to the statement he
had made, and saying Yes" Col Foster then swore
Olu WTlte out the BteDOgrapDiC notes at the
prison. and Jones did not read it, Witness wrole it out
| at home, and las the notes there.
Mr.. GILLET called for the paper In question holding
that the paper here affidavit of the msn Jones He
asked that the court should send for the original paper in
order that they might what it really was and that the
two agreed He desired it in order to 90 on with the
crossexamnaon while the witness here the stand
and wished that third party be sent for il.
The JUDGE ADVOCATE replied, repelng any imputaton
upon officer of the court, that he could not be
trusted to go and fetch the paper hmse but he should
not be surprised at any imputaon upon the officers and
members of this court in view Of the course pursued BY
council He objected to the request the ground that
| the paper was here in proper way.
The court was cleared and when reopened-
Lieut. Josiah L. Caghorn quartermaster Of the seth o.
colored troops, He testified that about the
10th of last month he called at the New York State Age
cy; saw Messrs North Jones' and another man named
Murphy witness said he in to put in proxy for
attorney and form Of oath then administered to wit
signed the blank space left for the party
to sign who administered the OATH At second visit wit
ness saw North, jones' and Cohn. There were number
OF parties there getting commissions to the front to
take soldiers votes and they had letter from lieutenant
in the asking that agent be sent TO the United
States steamer Brooklyn They said it would not do to
let the Administration know about the Brooklyn they
won have her removed. Col North then had CONVEX
saon with witness and said they had difficulty in get
ting officers to take the adavts and that none were de-
tailed for the purpose (Witness here shown power
of attorney and said that it the one he had signed
He had the oath read to him. and the papers were
signed.
On cross-e1amination, wituess said it was Mr. Jones
who filed the blanks though Col North sometimes
fhraa faaf thar IL. I'M