Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1865-05-09
WASHINGTON. Nav 3

WASHIN0TON, Way ..
The trial Of Benjamin q. Harris, member
Of Congress, was resumed to day at eleven
O'Clock before the CQnrt Martial, Of which
Major General Foster is President special
" organized for the purpose, of which Maj
Winthrop is Judge Advocate. The Court
| having been called to order by the President,
| the accused read the following paper, which
he asked the Court to file
Mr.. President of the Commission The
undersigned respectfully states to the Com
mission here that he has been advised BY
counsel since the commencement Of this
trial, and since he plead to the charges ans
specifications that he ought to have made a
formal exception to the Jurisdiction of this
tribunal, TO take cognizance of the charge
made against him and which he has been re-
quircd to answer here, and he respectfully
further suggests that whilst he could hardly
hope by any views he might be able to pre-
sent in support of this exception, To induce
this honorable court to sustain the same in
the teeth Of the various decisions in support
Of the jurisdiction Of similar tribunals in
like cases, to which decisions, in support Of
the jurisdiction Of similar tribunals, he
would naturally accord the highest and, in
deed, controlling respect yet he is adj
vised that the suggestion of want of juris-
diction made ut any time in any manner
however informal, will for all Interior cur.
poses be equally available, Ms ii the same
had been made by formal plea OK in some
other appropriate mode. The undersigned
therefore respectfully asks the benefit OF the
exception, which he desires To be made par
eel Of the record taken by him to the iuris-
diction Of this tribunal.
The undersigned respectfully further states
that he has been advised, and that they res
HAITI
to charges against him, nor does either of
them show an offence embraced within eli.
Their clause of the seth article of war No
such facts are alleged as would or could If
proved, amount to any such ofFense AZ is
made punishable by, or under said article. |
and he hopes that he may have all the bene
mt Of q! exceptions to said specification as If ]
he had in effect demurred to the same AZ.
each Of them respectively. The ~ .uto
Ell does not ask permission - .ndersign.
the trial to be heard in- this stage OF
ceptions but resper support OF these ex-
per may he ~ ,.'uliy asks that this pa
prOCeedip~ olvcd and made part Of the
such - Of the cause to avail hereafter in
~ manner - justice and right may re
.a,re. BENZ. q. HARRIs.
The Judge Advocate said he had no objec-
ton to the recsipt Of the paper, and it was
accordingly Md.
Nj. Crane, counsel. for the defense, de-
injured against the specifications, rcnlarking
that no particular house was named therein
In which the accused Is charged with harbor
ing the men. Mr.. Crane deferred pressing
the point 1t the present time
The accused then offered ~ evidence Cen
eral orders No. ~, of the War Department,
giving transportation to rebels and Othe8
to their homes. =
Mr.. Harris stated that his witnesses had
not arrived, but it was important that they
should be here. They would probably ar
rive to-day, but - they had some sixty miles
to travel, he would ak the Court to grant
further time.
The Judge Advocate remarked that he
would have no 0bjecti. ms to adjourning the
Court until tomorrow, IL the accused would
make his proper afIldavit relative to The wit
neSeca.
The accused having flled the proper afIi-
davft the Court adjourned until 10 O'Clock
tO-m0frUw. ss.xu