Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-05-08
TRIAL OF BENJAMIN G.. HARRIS.

TRIAL OF BENJAMIN G.. HARRIS
The trial Of Ben amin G.. Harris member of
Congress from Southern Maryland, was re-
sumed to-day at II o'clock before the court.
martial of which Major General Foster is
President, Especially organized for the pur=
pose and OF which Major Winthrop is Judge
Advocate.
The court having been called to order bv the
President, the minutes of Saturdays proceed.
ings read, corrected and approved, the &C
cused read the following paper, which he asked
the Court to file:
Mr. President of The Commission:-The under.
signed 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 Inc charge made against him, and which he
has been required to answer here. And he re-
specially further suggests that whilst he
could hardly hope by any views he might be
able to present in support of this exception to
same, In the teeth of the various DECISIONS in
support OF the jurisdiction OF similar tribu-
nails in like cases, (and to which decision, in
the absence OF some authentic judicial exposi.
ton OF the law this tribunal would naturally
accord the highest, and indeed controlling re-
spectO yet he is advised that the suggestion of
want OF jurisdiction made at any time, in any
manner, however in formal will for all Interior
purposes, be equally available as if the same
had been made by formal plea, or in some
other apt mode The undersigned therafore
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 be has been advised, and he respectfully
suggests, that the two specifications TO the
charge against him, nor does either Of them,
show an offence embraced within either clause
of the 56th Article Of War. No such facts are
alleged as would, or could, If proved, amount
to such offence, or any such offence as is made
punishable by or under said article. And he
hopes that he may have the benefit of all ex.
ceptions to said specifications as if he had, in
fact, demurred to the same, and to each of
them respectively.
The undersigned does not ask permission at
this stage Of the trial to be heard In support of
these exceptions, but respectfully asks that
the proceedings OF the cause, to avail hereafter
In such manner and to such extent as iustice
and right may require. Benz. G. HARRIS.
The Judge Advocate said he had no ohiac
tlons to the receipt OF the paper, and 1t was
accordingly filed.
Mr.. Crane, counsel for the defence, demurred
against the specifications, remarking that there
was no particular house named therein in
which the accused is charged with harboring
the men. Mr.. Crane, however. deferred press.
ing the point at the present time.
The accused then offered as evidence Gen
eral Orders No. ~. OF the War Department,
giving transportation to rebels and others to
their homes.
MIR. Harris stated that his witnesses had not
arrived, but it was important that they should
be here. They would probably arrive to-day,
but as they had some sixty miles to travel,
be would ask the Court to grant them further
time.
The Judge Advocate remarked that he would
have 10 objection to adjourning until to-mor-
row il the accused would make the proper at
fdavits relative to the witnesses
The accused having filed the proper aff1da-
Z Wits, the court adjourned until to morrow at
10 o'clock.