The New York herald., 1864-10-29
The FRAUDS IN SOLDIERS vor,es.
Proceedings Before the cours Partial
as Balsimore-Intersst1n Esstimon a.
and Letters, dEc., &c.

bAInno n, ocS %, 1854,
Tns Military Commission TO in .ves.ixa.e the alleged
frauds in taking the vote Of The lders from New York
was resumed oday. ,,-.-....s... 80
Uonahue brought intQ ourt about one O'Clock He
had counsel but proces d In bis own behaM TO object
70 the jurisdiction OF the court
Tho prisoner pleaded guilty OF his having signed Ger.
tain blanks with the Aame Of Arthur, Captain and
Ala ae camp ana no Others and did not appear that
tha no was an o. Acer Of the State Of New York Of
'ne tnted state these was, he contcnded, no crime
committed.
fhe Judge Ar Nocate sad-The PRISONER nrst wishes TO
ooecs 10 tne sdoton OF the court the srouod that
'he offence Arged s that should bo tried, not by
military o' by civil court In tho second place. plead
ing TO the hers he pleads guilty of having signed tain
blanks Aptooed tho act recrrsd to with the name OF
7. q. Al kb0r, Captain and Assistant Adutant Genera
ont ~ he is rot guilty OF having sIgued any other
omoe ~ or privstes He claims that this signing,
not Nvng spcoided tho regiment Of the officer, and 10
NOT tarpesrHg that there any officer Of that
m xho volunteer service OF the state OF Ns~
Ark, did nor constitute q crime; that such
votes their face Illegal ard could
not be received but fair to state that the govern
claims that sle accused has forged tho of
soldiers and OF other officers, specifying regiments. 1t
w therefore, he necessary for tho government 10 60
into proof sb.t point. The Prcside"t OF the court
world decide prst the question OF jurisd c.on In my
OPINION tho has Jurisdiction Of the case for the
reason that the crime, alleged, committed BY the
personasngof soldiers the volunteer service OF
the United States, and signing their to election
blanks for the purpose OF dcfrauding soldiers
of their The offence is not against
the State Of New York. 10 constitute a crime
against that State the offence DO committed
within the state. This CRIME was committed
within the State Of Maryland IF the stare OF New York
attempt TO punish it, il would DO known 10
m'.ed IN that state consequently the state OF New York
CRIME assus, the ssae ., Maryland ' ~ IS p Inc
common law crime of forgery, which requires that it
statutory crime in nnry.nd Il rs not crime gainst
the civil laws OF the Unied states. ~ not
law forgery in the United States He CO. Il military
court has power try the case, be tried
at all. The act or the state OF New York, entitled
| thererom aud in the military service OF the uuied
states 10 the army or navy TO vote only intended 10
the law Of he anJ Tps crime soes inv
efficacy Of tie service 3hc deprivation OF soldier of
elect his false vote
be received at the polls bis true vote when presented
mnicp guards the rights Of tie CITIZENS as
electors ia by that act attacked, end the only
% the as suos ss rss
extent vI0laon o General Orders No. 1885, which
fairness Of election and to see .ha. hal ne conauc,oS
with due regard 10 good order and military discipline.
What gteater attack on good order and military dsci-
piDe tnan thsY The court decided that tnad Jurisdiction
rim the case
n Mr. 0ry lie K Wood, Of West chszy, Clinton county,
New York, then the part Of the govern.
ment, and testified In substance followe:--
Resides at West Cnazy Clinton County New York Is
merchant, to Baltimore the agent OF the Union
Committee OF his county TO assist in procuring soldiers
captain Monermo Of The New YORK. aSa
several soldiers from Clinton coanty; stopped there
mott in relation TO the voting OF soldiers he remarked
that teere had been some checker playing" and mis-
suspicious were aroused visited Newton University Hos
from there
thing wrong wen. the Office of the state Agency,
No SO lafayette street. there Mr.. Ferry asksi
| understand that be Wood belonged TO- the
had eommssu FROM ram Governor he .o
him that he had not but he represented mis- county
he bn. he had list Of the soldiers OF bis
~, which appeared 70 satisfy Mr. Ferry he told Mr.
Ferry that he cane 10 Baltimore to get the votes Of the
Ninety first New York he informed that II hod been
takcn Mcclellan received four hundred and Lincoln
votes poed for Lincoln when Mr. Ferry card that when
Union votes into that offce they wcre all right
when they out, and that hcy doing here
Tho accused affected that twas he Mr.. Ferry
Tho Judge Advocate repcdYou and Ferry arc ,cfut,y
| tried
Accued-I here on trial. ard ssvs Very Is not, and
submit to the court that sLod not be had responsi
| bio Tor tho action OF anolhsr
The pr sident said she nccused bad right to object
Tho Judge Advocate said tho and admissions Of
one conspator bound tho osher provided i was proof Of
qne court cleared On reopening the evidence
Y pronounced admissible
| ( The witness thcn contnued:--Mr. Ferry remarked
r. here Is great deal more beng lone than you
| hhioK Off He then said to wiiness--"Yo havo
your county ls;ss" ! answered that ! had
portion o, them said he,--,'Inat J. ell 40
tsaut." saidI, Hosfn Be replied, /" ! have got a
Further / said that good point gained nnd would
bavc great deal Of trouble Witness then lett the Office
Ia led 1t that tln.s there was cierS sitting In ias
otce bchird the esistcr book Witness remarked that
Me did no, want his handwriting 10 appear on .ny Of his
9rsce aud opy there, ard will pus hin On 70 your list
~ S Sers nd % wcTx ~ssss ss,s seps ~
copied ~shese names. Ferry took bic list end
witness ~snttO work with the Sixteenth New York
airy. The lstsSbet winners copied were signed c. g.
Arthur; Ferry aadcsthe words "J.eue1,nt comniand.
ing .i,ness thinks ans O. some ., 'ns Captain and
TO New York bu, Ferry obecled.ss necessary 20
0s so who ss ss and 1 he he
Donohue Washins,on 70 come on at onossnd be said
that when Donohue came he would have thoss nxsd for
she witness and could then send them
u shouM be extaned here that The soldiers power Of
attorney ccplane blanks for the insertion OF fcu names
that OF she voter himself, the person authorized 10 re-
ceive the ballot shs witness 20 the adays and the off,
Ger before whom s made II appears TO have been 90
EontinanS Ss ssSsnce ny wooa ssa hat on s.,u,
day afternoon last hc met Donohue aud Edward New.
leona aso OF Albany al Fsrry's Office. Considerable
convorsatcn eDsaed about the laers tslegraphina
Washington for Donobue to oone 70 Baltimore. DoDohuc
ead he was on the eve OF starting to City Poiut he ad
received pass, &c., from tho War Department The
party separated for the nshs oil having agreed 20
meet the next morning and Tx mp papers enough 70 keep
Ferry a work. In conversation before separating
Bor shom said that things going on ali right,
and that there were about twenty men in washing-
ton operating ou the work. Donohue said that
they sending hsm OF In dry goods boxes full Wit.
met them again Sunday morning All we're present
Eewcomb Sat a one end o The tabo filling out the d.
scrptve portion Of the power Of attorney Dononus az
writing the names Of the ocon who purportsd TO TAX
| the andavits Newcomb wrote nsme In the blank9
and Donohue another, generally the lasG 4
The Prsonsr-po you swsar that wrote soldier1
| nameS
Il Wituerg--1 do.
Several blanks wore produced all bearing the sgna1
ture OF &C. @. Arthur, Captain AID A. A. g. ;, as The
officer In whoee presence the adavit ade and tn
signature of tho vtucss affixed; full OF powers OF
attorney bianks all ned and ready 70 be deposited M
The ballot box a. soon q ticket was irsertod. One
package thirty IN which names bad been forged, waa
Identified by Mr. Wood as the wcrK of Donohns. Anon
the names frauduently inserted those Lieutenant
Colonel Murphy, OF the Ninth New York artillery and