Dayton daily empire. [volume] (Dayton [Ohio]) 1850-1865, 1865-05-09
Trial OF benjamin q. Harris, Of Mary
land.

WASHINGTON, May s.-The trial of Benz G
Harris member Of Congress of Southern
Maryland, was resumed to-day at eleven
o'clock, before the Court Martial, of which
Major Geperal Foster was President, espe.
cially organized for the purpose of which
Major General Winthrop's Judge Advocate
The court having been called to order by the
President the accused read the following pa
per, 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
his counsel since the commencement of the
trial, since he plead to the charge and spec.
fcations, that he ought to have made formal
exception to the jurisdiction of this tribunal
TO take cognisance of the charge made against
him, and which he has been required to an.
swer 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 suggestion, to induce.
this honorable Court TO sustain the same
in the teeth of the various decisions in sun
port of the jurisdiction of similar tribunals, in
like case, and to which decisions, ia support
Of the Jurisdiction, in similar tribunals, would
naturally accord the highest and indeed con-
trolling respect, yet he is advised that the
suggestion of want OF jurisdiction made at
any time, in any manner, however informal
will for ulterior purposes be equally available
as If the same had been made bv formal
plea of some other apt mode. The under
signed, therefore, respectfully asked the benefit
of the exception, which he desires TO be made
parcel ofthe record, taken by him, to the
Jurisdiction of this tribunal The under.
signed respectfully further state that he
has been advised, and that he respectfully
suggests that the two specifications to the
charge against him, nor Goes either of them,
show an offense embraced within eth.
er clause of the fiftysixth article of war.
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 to said
specifications as il he had, in effect demur-
red to the same and each ofthem respective.
ly The undersigned does not ask the com
mission, at this stage of the trial, to be heard
in support of these exceptions, but re.
spectfuly asks that this paper may be re.
ceived and made part Of the proceedings of
the cause, to avail hereafter in such manner
as justice and right may require.
lSi9Red BENZ. q. HARRIS
Inc dudge sAdY9clte sald ne had no objec
ton to the rpceipt'of the paper, and it was
accordingly filed. Mr. Cram counsel for the
defense, demurred to the specifications, re-
marking that no particular house was named
therein, in which the accused was charged
with harboring the men, Mr.. Cram however
deferred pressing tho point at the present
time al
The accused then offered as evidence Gen.
eral Orders No. II of the War Department,
giving transportation TO rebels and others to
their homes, Mr. Harris stated his witness
had not arrived, but it was important that
they should be 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 re, |
marked ne would have no objection to adjour-
ning the Court until tomorrow, II the accused
would make his proper affidavit, relative to
the witnesses The accused having filed the
proper affidavit, the Court adjourned until 10
o clock to morrow. t-EI -Ht,