New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-05

count is the proper one to tako cosmldnee % NV ~
M t5e cr,i charged against the soldier IN the
field, and consequent! WIS uAuVi VIZ UNIV '"' o. -
l ouTt was here cleared. and The commission over
rr,d the plea To The JlIsOlcto ana hiSo "cS'u'i ''
tley had Jurisdiction; ,,... =
On Fostcf asked the Cont 70 render Judgment 81
guilty. The defendants could nave pat ~ any pea they
plcased they had chosen to Plead ~ the JnlsolouoH'
and must abide thc clDscdueuccs. =,
Mr. Gllct!c considered the demand of the Judge-Ad-
vocac eztraordiuay one. lie Irxncl that plea 70
the Jurisdiction not IN unusual thing III inc ue'
frusc had d,murred then the Court could decide Whtef
plea shouA b. entered; nor VIII military court de
sustained that tie accused cannot be confronted WIN
the witness bur that he shall be condemned Witho"t u
tral The CONT has simply decided that tLe Argument
agniust tie iuflsdIetlon was not good
II the case were disposed of without a hearing
woud IL have the effect Of putting down the crime
Col Foster IN reply, said tie point IN Tins ease -
When person pleas 10 INC JHglSl' non Pro .aN, ~
sckuoW edges tic facts Charged and Il ls purely
matter Of favor allow the defense hen 10 plead to the
NE CONT dcnicd the motion Of COL Foster. and the
ris1ncrs i'm turn entered The plea of rot guilty.
Mr. Mcpherson moved that the accused be severed,
aud separate trials ne granted them.
Tie motion Was denied. .
elect whether he VIII toy the several parties a. pilHor
pals % al. accessories; they could not DO both.
Cob r. sier said he would not amend hls slec'hca'
lions lie would not consider the pd!ucs 40 pf ep-ia
ur ,ccsies igt would Try them upon the ehei -es s
So. i0ItA ON the sp'cioGuons. The charges were "oi
lIawn up rs an indictment ~ comho" ih"' "a, %
such paper. a.c usualy dawn III proceedings b.ioie
Mr Gillette arruod that it was the duly Of the CONT
20 compel tic Jutg-AdyOeote 10 elect row nc WONG
nv the scrcla parties wlcther ~ principals or ic-
raentir, TIC man who Is 10 DO def, 1icd access
oIy ba one line of defense and the principal has m
Other The evidence in either case must De different
ana the l1l-Irent must b. diacsent.
M. NcpleI.eLs motion was denied
Tie C,GGt tacH look % recess GniI 5 +. ~.
The trial 81 Col. North e.. al. was resumed
70 three O'Clock
N,r gillette submitted the names OF number Of Wit
ucsses as 20 chailotcr &C., among "Aot were Hon IL
r. Fcrfuu ale ks nnhlicau candidate iur ooVtTnof ui
lNew-York: judge Nelson # the L. ). Circuit Court
Col. J. a Foster. the Judge Advocate John +. Soy
uour brother OF Gov. seymour and oiris 81 ms en-!
aud II VARIOUS sections oi the state ol New OH
Cob Foster was opposed 70 running al! over Tie
c0uluy ~ secure eso witnesses, espe'lAIy 90 many
Us 70 caarg tor 10Y tie purpose OF ins tra He Col
fOstol) would admit that hitherto the characters 81
Col. North and 90 NJ Jones we've uaiuIeaci nie. As
20 Mr. Cober be did not know ny'hine q HIM col
Foster was wiling 20 procure such witnesses as |c1'
sir Gillette thought it necessary to get all these
Witnesses iOr tbey bad specially III vac" u Eei VII
nesscs of both political parties lie drichte csPe0hh)
desned the presence 81 Mr. j. !. Seymour % prov"
that Col North VAS not commissioned. as charged IN
lie specifications ~ afcat 10 get the votes u Nr".
York soldiers. Col. NoIth was tie IcsWaF agent o.
The S;otc Of New York.
col Poster sa hat did not 80 into Ae present que.
ton II mHtteTod not what Kind OF m agency Aoi.
and these parties were prove guilty. II maitefcd not
Mat the nature oftheir agency was.
Ar Gillette urged 'Ae necessity Of having on tnes.
sitncs es in order TO prove by them that. at dihren
tines they were at the New oTk Agency, ana ioiud
ind lions tlat political or moral wrong VS. beilg
done One Of the Witnesses asked for wa' the former
state gent ard political edvenaIy Of Col. Norta'
and was in the -. yaTOus times, ma c0Md PROVE
y neither any oi tie proceedings were wrong OF not
Col Foster said he did not see tie c.ity Of having
mgny witnesses 10 prove enc alleged iacL ana lapt
cial'v OF running al over The country ior them.
Tie Cont reserved ITS decision - 10 the admission
OF all the witnesses.
tho rrst witness sworn Dy tho Government. lie tcst-
led that two dogs ago Mr. ~ VI. Jones, one VI tIc
parties accused made % statement nnder oath WINCH
was taken down ~ The witness IN writing.
Cruss-examiucd Col. Foster We present whom VT.
Jones statement Was made; did not think Col roster
wore his uniform on that occasions Nj. Jo"e' was
brought into The Office 80 Carroll Prison witness did
not tel Mr. Jones who Ae WAS, on Wal bis basihcts
was. yr.- not that Col Foster tod Jonci $50" 10
vas but thought he do did not think That Jones was
told by what authority the quef1fs were as@,d no one
VAS re.cut except Col lO,ttf III Jones ana witness
id moi iyu to- affidavit uor was 10 read over "a llf
Jones was sworn by tie upliited hand be f.,d Pa
Joucs) Was wiling 10 swear to thc CORRECTNESS 81 "Lhi
lc had siic. j.. nat taken 90 Fn Iu short hand.
NJ. Gillette asked that the original sicnoffopms
noo. Of Mr.. Clephanc be brought into court r a'"ra
further Than trd party be scut Tor them, d. olatI
that Trey might be brought here in tic condition ID
WHICH they Lad been takou away.
Mr. Gillette held that what puIpOrted TO be an aiGA-
VT really nOuo for the subject mater Ind not
beer read over 90 the witness.
col, Foster spoke a. some length upon The manner in
Which me counsel for tbe defense were conducting tlcr
case. When % crlmilal prosecution for forgery AM
fraud was instituted against partlcs there could De 10
doubt but that officers If TINS court would be alO|
CHARGED with Tie crime. Ic did not rec gnlzo
tie ght a. counsel impute fraud 20 The reporter who
Wls sworn officer Of this CONT.
Josiah J.. Gil ghorr. lsi Lieutenant aud QnaIternh.
ter ~ The sot United States r0loTcd troop testified,
tat lie yisl'cd the NewYOrs State Agency o. tie 2jlL
Of last month and aW Mcssr Moth, Jones Gbd another
man named Murphy there. Witness said he came ia 10
Put in a prONy iOr vote MuIp.y ilgLed Lis name a.
q witness 10 tie power Of attorney aud form o. oath
vas then administered 10 the witness. No name was
signed IN the blank space eit for tie party to asn who
administered the oath AZ second 81 ID wtncss fnW
North Jones and Cohen at the Scw-Yo!l State Agency
There were q number Of paftca there getting comm
sors 70 20 the front 90 take soldiers vote, There
YVES letter Iccc from I.e.ieu0uf ~ the navy. nskG
that Com.. oner be sen. 10 tho l.. - steamer Brook
lvu. Col. North said 10 would not do o. iri 3D.
10 EnoWI mat they Mc.e gong 10 take fo'e-
on The Broohlya for toe Administration WOuld thfog
impcdmc1ts IN thcir WY. Co. NORTH further told
witness Thai hcy had difficulty Ia getling oihceFa to
sicu aindoyts.
Witness was here shown power Of attorney ard t.
coClizeG u Gs the ore Dc bad signed.
Cross.cXan4aed-It H0s Mr. Jones who hlcd mp inc
banis ~ tho power OF attorney and Col. NoIA was
rat. factory 10 the witness II II lad been properly
svofn 10; IL was not tie E1esf design 10 send The
poperaway ill iAat Kind az oath in IL wines gave
ihe power Of attorney subsequently TO Clarence
Mr. Clcphane recalled BY Ooh Foster read ,le state.
meAt made b. III. Jones az CarIoh Prison
Col. T. Incrabam. si.iarsha Of tie District oi
Columbia wrs sworn. lie 'rtiard mat he arrested
Col. North ana Cohen at nc NcW-IprE state Agency
aud the rooms WCIo placed IN charge OF Lieut. num-
and INC roois wcro locked up uutii witness received an
order 10 iur the front room over 10 Nil Bradley Mr
Norths assi.t1nt tie back room wes !cstpdiy given
up TO MossIs. Kcy and ot.c. New Oh C0mais' oh-
erg; nothing was removed from the ONCE excepting
some blanks taken nom tie font OiAcc
Lieut.. ii. l.. Hunt. OF ile Pfoyoti-MGrshals Once,