The New York herald., 1865-05-31

n
10 End fault with IN h'nlM "es temperate 10 his hai'
and regular in bis hours - no, l.,
s,als whether he was or ~ not IN his ,SibsF ssaor a
~s'ss@,, o, n,ore Of boy than ts>> ~ Influenced
osss W. Mne,ner s or nos he was e should thin
he Was mo's niore easily thaa boys or yo,sas. " L
age; he Was boz sh IN many respects Ia bo h
by Judge Hofc--Q What do you SUI .pASe " " =
| ages A. About twenty two years
| Testimony M James Nokcx.
by py NJ mr. 10 ~ WLef. do you fesdeS A. nav
| Q DO you know the prionor HaroldY ~ L hay
known him from his br.h about twenty swo ye Ts, io
O Have you seen a GOOD deal Of himY A. hay b. Q
intimate IN his family for about slghteen or min eea
-, 9 How largo familyf A. Seven eight; he va
State what is his general character for boyishness
wne'ncr ne vas easily persuaded or led avay2 A. have
| little reliability
@ is he or not easily influenced BY any one around
h'inr A should think he was.
| A. Yes, am certain o. that.
| would he be especially liable TO be led away by any
| one Of fascinating addressS A. have never heard him
enter into any argument with any one all his conversa
uon mat have heard has been Of light and trainS
Testimony OF william III. Kielntx.
BY Mr.. sroNE-Q Where do you res,deY A. have
| lived in this city for fifteen years
STATE whether you know the prisoner, Harold wellr
Q Have you known him all that timos A. Yes; for
nearly thirteen years
@ State whether YOU saw him during tho month Of
February last A think I did
how oftens A. could not cay how often wns at
nome ilve next door 20 his fathers, and have
sionaly seen him in the yard morning and afternoon
suppose saw him every one two, three, four five
@ State whether or not he s Of trIne character and
easily persuaded. A. believe he is; him very
often ~ boys company; should think he more OF
ooy than man. he never associated with men At all
Testimony OF Emma Harold.
BY Mr. SroNE-Q State whether you are the sister OF
the prisoner, David E. Harolds A. am.
T. state whether he at home the 18th Of
February last? A. Yes remember II from the fact Of
sending valentine to him, which he received on the
O. Had you any talk with him in relation TO tina. valen
tine on the l5ths A. No. but my sister had
z state Whist Is tho next date you nx at
which he was at home? A. The 10Th; l remember that
date by the fact that brought a pitcher Of water up
STAIRS he met me in the hall and wanted should give
1t to him; would not give IL to him and he tried to
take 1t away from me- held on to it and 1t was spilt
over US that was the Sunday morning after ST. Valen
Q. And you do not remember his being at homo be-
tween these tmess A. He was at home, but cannot
fix the day.
The Rebel Major General Edward Jeln-
was here called to the stand
General HowE-Befcre this witness is sworn wish to
which base the motion II Is well known TO me- as 1t
Is to great many officers Of the army, that the person
now on tho stand Edward Johnson educated at the
and that since that me for years, he has held
mission in the Army Of the United Statcs. II is well
known in the army that 1t is condition precedent to
receiving commission that officer shall take oath
OF allegiance and I'D ty TO the gogernmen In 1901 it
or which this man was member that party fred upon
struck down and killed loyal who in the
vice OF the government Since that tne it is notorious
to all officers OF the army that the introduced
here as witness has openly borne against tho
United States, except when he has been prisoner
In the hands OF the government understand that II IL
proposed that he shall testify before this court he
here as witness with his hands red with the blood of
his loyal countrymen shot by him or by his assistants
IN violation OF his solemn oath and officer.
submit therefore, to this whether he does not
stand in the eye or the law incompetent wtnoss.
regard the Offering n witness of standing In
open violation Of the obligation Of oath administered
to him as an officer insult to tho and out
rage upon tho administration OF Justice that this
man. Edward johnson, be elected from the court AZ an
incompetent witness
General EAKs-I rise to second the motion. am
glad that this question has been presented 10 the
court regard this clearly incompetent a wit
ness in my Judgment Of all the men in this country,
for those who have been educated BY the government
nourished by the government protected by the govern
ment, and who have then turned and fought, joined
enemies of the government come into court Of JUS
tice and especially before a military commission Of q
character such that here assembled the heghth OF
impernence and trust tho resoluton which has been
presented Will be adopted by this commission without
hesitation.
M A1KEv-Bcfore the Commission decides upon the
motion OisGcnera Howe, Is proper for Inc to that
was not aware OF the fact that because person had
borno arms AGAINST the government would disqualfy
could not, of course have intended any insult intro
ducug General johnson witness. II will also be
recoccted that nt least ono witness who has borne arms
against the government introduced here by the
Judge Advocate without objection of any member OF the
court
General KAUrz-Does this person appear here as
volunteer wtnessf
Mr.. AIKgy-He does not
The JUDGE ApcocArg GEsERAL-I feel bound to say
that rule Of law, before witness be rendered
Infamous to become absolutely incompetent to testify
he must be convicted by Judicial proceeding and the
OF hs ncompetency. without that conviction. any ovi
dence Of his guilt only applies to his crediblty This
court dscredt him far they pease upon that
ground; but do not think the law would authorize tho
court to declare tho witness incompetent, however un-
worthy he may be of credibility.
General LEW. WALLACE Il hope for the sako OF tho
character OF this Investigation and FOR the sake Of pub
witness but for that Of the prisoners at The bar
trial the officer making this motion will withdraw H.
General HowE-upcn tho statement OF the Judge Ad-
vocaie General that this person s not technically in
competent witness withdraw the motion
ExAMINATIoN BY MR.. AIKEN.
@ stale your present status az prisoner ~ war, A.
am United States prisoner OF war, captured at Nash
vile, now confined at Fort Warren Boston harbor
Were you not an officer in the socaied Confederate
service and, If So Of what ranks A. was officer Ct
the rank OF bigadcr rencral the Confederate States
army from the year 1858 up to the date Of my capture
Q Did you have higher rank than that I did.
q. Are you acqnainicH with Henry Won Steinakcr9
A. an acquainted with n who went by that name,
who represented himself TO Henry Won Steinakcr
Q. Was he member OF yoor stair A. He was not
@ Did no rank engineer oficef receive pay as
suchS A. He did not rank an oftrcr neither ~ On
engineer, staff or line officer; he was u private.
g. To what regiment and company did no bcIongf A.
He belonged to the Stonewall br gade Sccord Virginia
infantry, think am not positive upon that point and
do not remember the company.
Q Was tho Second Virginia infantry attached to your
dvsionY A. II part Of the Stcne~a brigade, end
that was one Of the brigades Of my division.
G, Please state 10 tho Court how when and under
what circumstances Won Steinaker presented himself
TO You. A. In the month OF May 1853 man accosted
me in Richmond on Capitol square, by my name and
IA