New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-01-30
Military Affairs.
CoURr-MARTIAL FOR TIE TRIAL OF DgLIy.
oUBSTs.

| Military Affairs.
| CoURr-MARrIAL FOR TIE TRIAL OF DgLIy-
| oUESTs
The trial of Lieut.. Cole was resumed before
tina rooue street Court atrial yesterday when Speci
foaton III, as foilows considered;
in this ,hs, be- the said i Lieut. W- NJ Cole lseth Rsgi
nenl ~ Y Volunteer recruiting oc-r DID muysr into M
entirely ignorant Of bs nature Of the sevce fr which he
being eysInnej, aud that rssno explained 10 him OF 81
.s.d VIM NJ. oo.e Al this Al he~.i0Tk on or about tn
Anthony Riier, an sged negro, testified os follows
He was enlisted oneej he wss asked BY geutlemsI
whether DO would Lie 70 take eare OF the colone
borse, be wss told that he wond get t35 month. u
Which be agreed provided he could remain In the city
he wa: told that perhaps IA the Spring be might e
70 philadelphia they went 70 Mercer suse, WI
was pointed out TO him. no then went into room 10
Lafsye.te Hell, when be was introduced 20 man stsnd
ing behind counter, in the following Words " Here
man then told witness that nc would give him $50 al
vance 10 buy clothes with. 50 as 10 look decent; WIT
ness told him be did not want IT. he was tod also that
be could leave the place at ony tne he c.ose be was
asked To- commence right away but be said that ne
oould not the gentleman behind the counter asked
witness his business, he was thee passed into tho sur
geon's ROOM but before eong into the doctors room
asked WY no had 10 90 tho dooori no was answered
tie, vss customary; prior to going into the doctors
RON be ade to touch peni supposed hsl be was
sworn IN as hosilsr; he was never asked whether he
vented 10 enlist as a soldiers when the oath had been
ad Mustered 10 vtnesa be began 10 think that he was
sIsted ar O soldier but was not pertains 10 tod tie
maa who grUte his that he % years O egei
yuose signed tao pape could not recognize accuscd
q. Wbat lid he pus down yoar age ar A Either "a
/ or f5 years.
| o. Wby was this age given 10 yoai A. Because Of
| c. fhcy could not trke me Tor soldier
q. WHAT did tho say In reference 30 ycvr age
A. That tie Co0ael would NOT have me o, % years o.
ms original enlistment paper here submitted BY
tie dyocnts witch witness identified As be.us
g1ed by him believing it % Be an agreement 70 tsft
care ~ the cSoaer' hs,'s ,sraSss ~, S lS ss G
hy " Mr.. Schultz IRON Gen. DIX.
| o. What else did the officer who administered 80
I,h ~ 80, - -, al 4 it'd sts,ssS A. Sothms
The oath was ten I-sd over 70 witness. ~ was ais
4 the declarstion 81 the recrni'A TIE trst Tas pJ
noanced by wltress to Lsve been read to LIN, but 20
@ Did the of,cer who sarn,ni,.ered the oath 70 20,
sny anything 70 you about onlistiDg Is tosilef'
No Sir
/ O. wa, any other person sworn In at the same tiano
A. Yes. there were tlrec or fonr.
| Q. Were they whits or col0redf 20, do yoR hnoa
thor naisea' A. They were white AMI / d not knoE
I The accused vas then plrstd on tria on
Sreesea',oH Pin tiL' IL, he, 'sia Lieut. Wm w. Cole
muster into Inc "s ..ves q The s. s. je.S white Sic, ws
Vile negro knowing al the ue thsi the $50 " ore
tnoy oiN u no nature 81 hs tanac,lon, md that th
ear lieut. Coe 'iod ,osIp,n . % nu AL this at ~
ci'y . OF shoai sch November, 1884
Joseph Whhe. middle GFsl nesr9 was next exam
lrol bJ the Judge Advocate. 10 veat to Laf,yets'
Hall 70 20 hostler foi an Oh gcgleman.
Q. Did you oVer see the sooused beforei A ihni
Ikaye.
| Q. what took place between yOu and hin cha &c
| ousfD a We asksd me II bad my money and thei
made re hold up ny band, AID said matt hear th
order Of The Goernnens u to United States OF some
tang ofue knd.
@. Dd he alnlristcr an o1th, and whs. 90 you thnl
! Il vas done fori A. 4 90 not roco.eoG
/ q WHAT did yogsuPpoae yoa hold uP sour right hAn'
- [ rot IN
o Was you csked yoar egc. aud wbotisr you wishel
20 onfstt 4. | TepAe 40 or 50 years. but was 10
askod yhehor wishea 70 srLa-
hard you ere enilstlng' 4. Na siH
q O,S you go to Lafayette Hall to propose going a
hostsri A. did not intend going there but to Six
\ teenth street.
% Did YOU understand that TO be a hostler you mus
lrst be a soidierf A. No, Sir.
The enlistment papers were then put IN evidence u
q. Did you sign this paper (enlistment A. Itouche,
the pen. supposing it to be for hostler
q. Have you any impairment preventing you if0 ,,
Ing Of tree aud gddiness in tho head from the sam
cause and broke my left thumb;
o. Were you sworn before being examined by tn
surgeonf A. No Sir.
o. Were there any others in at the samc tim
YOU werei A. No.
o. Did Lieut. Cole say anything TO you about horses
o Did ne not ask you before swearing you whe,he
YOU were satisfied a. No.
o. What did he say TO you, when holding up you
handsi A. To obey the orders OF al officers The en-
smnt oath was read 10 witness but ne could only n
member few words. $500 .
% How came YOU 10 discover at this time that yo
b was enlisted IA soldier A. After the gentlems
told me 10 obey the orders Of u. 5.
o. Did you make any objections Of this time 10 be
come soldier A. No, SIR because did not know
what he meant by it, as bad been asked BY some othe
4 nerson whether 1 was good hostler
o. What name did you give the clerk when he mad
ont your enlistment papers A. William White; ihi
was the name the man who brought me TO I.afayett
Hall told me 10 give; but aiterward told them N
name was Joseph White but they said could U,
change Il until got 10 Rikers Island.
o. Who did you first tell that your name was Josep
| W6itei A. do not know the man.
y. Did you tell II TO Lieut.. Colef A. do not kno
{ whether did or not.
o. How long sfter being sworn in did you tell thG
4, YOUR name was Joseph White a. About an hour a
terward. ~ .
Oaertions by members Of the Court-Conl6 you re
cognize the man who brought you TO Lafayette Hal
: A. Ho had citizens clothes would know him agail
Question by the Court-Did you hear any person 1
Lafayette Hall call the man who brought you IN or WI
syore You In by namei A. No
The Judge Advocate offered in evidence letter froi
Gen W. T. Sherman 10 Gen. Hayes. in reference to th
witncsss character which objected TO by the c4ui
sci az being irrelevant TO the case also that tho pes
primary evidence should be produced and Gen. She
man being in the service Of tho United States his test
mony could be obtained In person. II necessary.
The Court was cleared for delberation, and on opei
ny declared the letter official document and adin
: sible ?he substance Of this letter We have aneau
. published :. .,o .,
pacity Of spy for the United States or Conedera'
Armyf Objected to by the Judge Advocate as erin
mating the witness. or endangering his SAFETY III
Court, after deiiberation sustained the Judse-Ad'
II cate. A..