Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-05-10
The Harris Court-NIartinI.

WASHINGTON, May S.-The trial of Ben
jamin G. Harris, Member of Congress from
Southern Maryland, was resumed to-day at
IL A. NJ, before the court-martial of which
Maj. Gen. Foster is President, especially
organized for the purpose, of which Major
Winthrop is Judge Advocate. The court
having been called to order by the Presi-
dent, the accused read the following paper,
which he asked the court to file:
Mr. President Of the Commission:
The undersigned respectfully states to the
commission here that he has been advised
by counsel since the commencement of this
trial, and since he plead to the charge and
specifications, that he ought to have made
formal exception to the jurisdiction of this
tribunal to take cognizance of the charge
made against him, and which he has been
required to answer here; and he respectfully
further suggests that whilst he could hardly
hope by any views he might be able to
present in support of this exception, to in
duce this honorable court to sustain the
same III the teeth of the various decisions
in support of the jurisdiction of similar
tribunals in like cases, and to'which decis-
ions in support of the jurisdiction of SINH
lar tribunals would naturally accord the
highest, and indeed controlling respect,
yet he is advised that the suggestion
of want OF jurisdiction, made at any time,
in any manner, however informal will for
all ulterior purposes be equally available
as if the same had been made by formal
plea, or in some other apt mode. The un-
dersigned, therefore, respectfully asks the
benefit of the exception, which he desires to
be made parcel of the record, taken by him
to the jurisdiction of this tribunal
The undersigned respectfully further
states, that he has been advised, and that he
respectfully suggests, that the two specif-
cations to the charge against him do not,
nor does either OF them, show an offense
embraced within either clause of the 9th
article of war. No such facts are alleged
as would or could, if proved, amount to
such offense, or any such offense as is made
punishable by or under said article, and he
hopes that he may have all the benefit of
all exceptions, as if he had in effect de-
manded the same, and to each of them re-
spectively.
The undersigned did not ask permission
at this stage OF the trial to be heard in sup
port of these exceptions, but respectfully
asks that this paper may be received and
made part of the proceedings OF the case,
to avail hereafter in such manner as JUS
tice and right may require.
[Signedl BENZ. G. HARRIS.
The Judge Advocate said he had no OBJ
iections to the receipt of the paper. 1t
was accordingly filed.
MIR. Cram, counsel for the defense, de-
INJURED against the specifications, remark
ing that no particular house was named
therein, in which the accused is charged
with harboring the men. Mr.. Cram, how
ever, deferred pressing the point at the
present time.
The accused then offered as evidence
General Orders No. 72, of the War Depart
ment, giving transportation to rebels and
others to their homes.
Mr.. Harris stated that his witnesses had not
arrived, and twas important they should he
here. They would probably arrive to-day;
but they had some sixty miles to travel. He
would ask the court to grant him further
time.
The Judge Advocate remarked that he
would have no objections to adjourning the
court until tomorrow if the accused would
make his proper affidavit as to the wit
nesses.
The accused having filed the proper affi-
davit the court adjourned until ten o'clock
tomorrow.
WASHINGTON, May 9.-At the trial of
Benz. &. Harris this morning, Mr.. A. Fen
WIN, diiu vi
was called as witness for the defense he
testified that Chapman and Read, saying
they were paroled prisoners, came to his
house on the evening of the 26th of April,
and asked to be accommodated for the night.
He refused to lodge them in his house, but
told them that they might 60 into his barn.
To the best of his knowledge and belief
they stayed In the barn that night.
The accused here closed his case.
The Judge Advocate offered in evidence
various orders of Lieut.. Gen. Grant and
Gen. Ord, explanatory of the terms of sur
render, providing that paroled soldiers re-
siding south of Richmond must go home as
speedily as possible, by the most direct
route, and that transportation and subsist-
ence were not to be furnished those who
failed to 60 home, but that they might 60
free on Government boats, when in direct
route to their homes.
The accused objected to the admission of
the order as evidence, and the court then
adjourned until Thursday, in order to give
the accused time to prepare his defense.