The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1865-08-26

| the charges In the hands of the counsel
as soon as possible. The note was writ
| ten at dafkahd sent bvan old and faith
| ful orderly, and delivered at the office
| whiciih he supposed the gentlemen occu-
! pied during the day but they may have
| been out at the time. He had nothing
TO say againsta proper adjournment, to
enable the prisoner to prepare for de-
fence. He should certainly part from
the gentleman with regret, yet he did
not feel that either himself or the court
ought to be intimidated by the threats
of counsel If there was any hard
grievance he supposed the court would
proceed properly and legally. He pro-
posed to curtaii no right or put off no
privilege to which counsel are entitled.
He left the question of postponement to
the court = @''''
Judge Hughes remarked that this was
a new court, Just brought into being.
The court would not subject the prisoner
to the disadvantages of the reorganiza-
ton Of the court and deny him the beii
eiits which might result from'it. THIS
court knew nothing of The other or for
mer charges. If he had said anything
calculated to intimidate the court as in
tifnated by the Judge Advocate, he was
not aware of il. Even had he been SO
disposed, he would have had an admo-
milton in the cOuntenances of the officers
composing the court, and in the past
conduct of these gentlemen,, that IL
would he labor lost--theyJ had beaip in
the smoke of battle. Perhaps he would
make u similar remark applicable to his
friend the Judge Advocate il he was
aware that the latter had-ever been in
battle; but he had not heard of it. ..s.e
Mr.. Peck, one Of the counsel for the
defence, suggested to. the court thst,tlle
recent action would bring up an entire
~ new class Of defence, and would ne.
cessarily take up more time. o..
JuDGE HU0Hrs RETIREs DIsGusrED
Judge Hughes here toop up his hat,
and, placing a pile of law books under
his arm, walked out of the courtroom.
Mr., Peck, resuming, said, as the pri-
soner had once been arraigned and his
| life placed in jeopardy, he YVES entitled
now either TO an equittal or trial on the
| former charges. lie believed that all
| the authorities, civil and military, Were
| conclusive on the point that if not ac
Quilted. the PRISONER, underthe circum
stances, was entitiedto all the benefits
OF aa equittal. fIa .H.a'..It. -eH5 .
The President of the court inquired 0
Mr.. Peck whether he was still here ii
the relation Of counsel ..+
Air. Peck replied that he was moi.
| THE JUDGE ADVOCATE, BECOMES THE COUNSEL
| OF THE PRISONER.
| The President said the Judge Advocate
was here as the counsel of the defendant,
! the gentleman and his associates having
E, withdrawn.
/ Judge Advocate Shipinan said as the
| responsibility now attached TO him oil
| appearing for the prisoner, he asked an
adjournment until Tomorrow. He was
not 0nnindful Of the rights of the pri-
eoner. He regretted the retiring OF the
counsel, Judge Hughes had left on re
cord the YenaaflE that he made no allu
sion TO bins as soldier, not being aware
that he had been in battle. In reply t.
| this he mercy referred to the official re-
core! on file in Me War Department.
The Commission adjourned until l:
| O'Clock Tomorrow, noon. .'.i fiaH