Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-10-20
TRIAL OF BRIG. GEN. BRIsooB BY
COURT-MARTIAL
Argument OF the ConsseI for the De-
#a fence. "a a

Argument OF the COmnsel for the De-
#E fence. "a ~
The Couft. Martial Of which Bretet MAI Gen.
Greene is President, and Major Burnham Judge
Ad to6ate, met to-day, at IL o'clock, when the
record was read, aud also dispatohes from sew
| eral Generals under whom 0snersl Briscoe has
served in testimony to his military Character.
Maj Gen. Gibbon says he knows the accused,
and his reputation for competency and efficiency
| as an officer stands very high.
Mai. Gen. Hancock says his character for
bravery and efficiency stands deseryedly high.
Maj. Gen. Terry says the accused has repu.
| tation Of the highest character for bravery and
efficiency as an officer
Mr. Hines, one Of the counsel for the accused,
proceeded to read the argument for the defence,
prefaced with expression Of thanks to tie Court
for their fair and kind treatment Of the accused,
and to the learned Judge Advocate for his kind
ness in afcrding them every facility for making
the defence.
The counsel commenced with admitting the
circumstance Of the taking the money from the
safe by General Briscoe, but he denied that II
was taken with felonious intent to be appropri-
ated to his own use.
The counsel held as principle Of law that II
the acts Of the accused could be accounted for
upon any other theory than felouious intent, he
was entitled to the benefit Of such theory. IL had
been proved that there was enmity between
Briscoe and the Quaftermaster, and 1t Is not rea-
sonable to suppose that he would have conspired
with an enemy TO commit snch crime as Is
charged. The open aud careless manner Of his
talking to Albergef abott taking the money In
presence Of Lacksy the fact that when Alberger
proposed the deed should be postponed until
Gen. Dodge had left town, the accused said i
vould be q better time 10 do II while General
Dodge was there; his remark to Udell after the
arrest, 81 thought was better detective than
you; | wanted to watch the principal;' all
these circumstances show plainly that his inten-
tion was to test the honesty Of the Quartermaster
The counsel proceeded to argue that II Briscoe
was guilty all those engaged ID the transaction
r,,Nlf .nl haf 9Futlt nfd d1
and he held that the Govern ment has no right to
seduee aud entrap man into crime for the sake
Of conyicting him. This Is totally contrary to
the sacred principles Of Justice. Justice 10 not
to be stained In such n manner and for such pur.
poses. After the deed was committed, the Gov
ernment which had aided in Its commission, did
not wait for the development OF his real designs,
did not wait to see whether he would rettrn the
money aud report Alberger's conduct.
The counsel dwelt with considerable force
upon these considerations, reviewing some Of
the principal points Of the evidence.
The military history, his exploits and seryic es
In the field with our bravest Generals, his career
in the army Of the Potomac, winning his way up,
step by step, is really an interesting narrative.
He was In twenty-four heavy battles, aud many
skirmishes. lie was severely wounded four times,
and had nine horses killed under him He had
received the warmest commendatiohs from Gems.
kearney, Stonerhan, Birney, Meade, Hancock,
Gibbon, Terry, Curtis aud others. The counsel
pleaded thst the eminent services Of the accused
entitled MIN TO De considered innocent OF thls
helnous crime, unless II were proved absolutely.
He drew u contrast be weeu this officer biocgbt
to trial here after four years Of heroic services In
lighting rebels such as are now crowding the
Executive Mansion for pardon. He has devoted
his life during the last four years fighting a re-
bellion which assassiuated the purest and best
man Of modern times and the t-ial concluded In
yOnder Capitol to-day has exposed the most
hideous atrocity and malignant fury, and shown
that no other community Of ancient or modern
boast hAFDnflty
And yet the leaders in that rebellion congregate
Ia the rooms Of the Executive Mansion aud sue
for pardon, and our msgnanimous and excellent
President lissens to their prayers and pre- misos
OF future good conduct, graa,S their request, re-
stores to them their properly, and themselves to
citizenship. And good men everywhere applaud
aud approve the act.
The evidence shows that his pretended larceny
was the child Of a conspiracy known to the Gov
ernment eight days before 1t eliminated; that
the Government not only did not seek 10 prevent
1t, but, on the contrary, the custodian OF Its funds
ordered to consent to the plot, to partci pate
In 1t by leading on the accused, and watch for
the moment when II should be consummated.
The counsel expresses their belief that the dis
tinguished Chief Of the War Department was not
cognizant OF the action taken in this matter that
he would have frowned down upon such pro-
ceeding; that he would never have permitted an
American citizen to be entced into crime for the
purpose Of getting him convicted, and much less
would he have permitted brave officer to be led
on to ruin by such proceedings.
The counsel also paid high compliment to
Gen. Baker, who was credited with the roputa-
tion OF being the greatest detective officer In this
world, but who might, in the midst Of the vas!
labors he had to perform In the cause OF the
country, make mistake sometimes through his
subordinates.
The counsel cited from Judge Advocate Holt's
Digest OF Opinions, page 5j, paragraph IL, that
the Government has no righ, to entice a man in,o
crime and hen punish him for It, 1t has right
to employ detective officers 10 ascertain the guilt
of paroles after the crime has been committed. II
the Government knew, II Alberge' knew tho
larceny was to take place, them the crime was
permitted cOntr.ry to law and justice.
II one goes to another aud declares his iutel-
tiOn to steal his money, and that man MOI only
consents to be robbed but assists in carrying GU.
the plan, how can he proceed against him TO.
felonyH II had not been proved that the ac-
cused intended to commit felony and the Gov
ernment had no right to aid a citizen to commit
crime, and then punish him for the offence.
At the close OF the argument for the accused,
the Judge Advocate addressed the Court for the
prosecution.