New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-09
Associated Press Dispatch.
WASHINGTON. Monday. May z


The trial of Benjamin G.. Harris, member Of
Congress from Southern Maryland, was resumed today
at II o'clock before the Court martial, OF which MAJOR
Gen. Foster Is President specially organized for the
purpose, and Of which Major Winthrop Is Judge Advo
cate.
TIE Court having been called to order by the Pres
dent the accused read the following paper which be
|askcd the Court to file:
Mr. Presidsnto Of nis Commission. The undersigned
respectfully states 20 the Commission here that he has
been advised by counsel since the commencement Of
tins trial. and since he plead to the charge and spee
cations that he ought to have made formal exception
10 the Jurisdiction Of this tribunal to take c0grizance Of
The charge made against him, and which he has been
required 10 answer here's and he respectfully further
Suggests that yh' he could hardly hope by any news
he might b. able 10 present In support OF this exception
10 induce this honorable Cont 70 sustain the same in
tho teeth ~ the various decisions in support of the ju
rsdctiOn OF similar tribunals in ike cases; and 10
which decision IN support If the Jurisdiction Of similar
Tribunals would naturally accord the highest and, in
deed controlling respect; yet lie is advised that tbe
suggestion Of want Of jurisdiction made at any time,
in any manner however Informal win for all Interior
purposes. be equally available II the had been
made by formal plea. or in some other apt mode
The undersigned therefore. respectfully r'e the
benefit Of the exception, which he desires to - de
parcel Of the record taken by hin 70 the urisdic OF
this tribunal.
THE undersigned respectfully further states that he
has been advised and that he respectfully suggests that
the two specifications to the charge against him or
does either of them, show an oiense embraced within
eihcr clause Of 18th Article of War No such facts are
~
Oense or any such ofiense ~ is made punishable by
oT under said article. And he hopes that he may have
G The benefit OF al the exceptions said specifications
if he had in effect demuned to the same ard to each
Of them respectively.
1.-THE undersigned does not ask permission Mt this
stage OF The trn To be heard in support Of hse eXcp
tions but respectfully asls that his paper may be re-
ceved and made part Of the proceeding OF the cause
10 avail hereafter in such manner as Justice and right
NAV require. BENZ. g.. HARRIs"
Tie Judge Advocate said be had no objection 10 tie
receipt % the paper. and il accordingly filed.
Mr. Cram. counsel for the defence dcnurred against
the specifications, remarNrg tiat no particular house
was named therein in which the accused Us charged
with harborinr The Mr. Cram. hOgeger deferred
pressing TIE point no the present time.
lie accused then offered as evidence General orders
No. - II the War Department, giving transportation
fO Rebels and others - their homes
Mr. Harris stated that his witnesses had not arrived
and Il was important That they should be here they
would probably arrive to-day, but they had some
sixty miles TO travel be would ask the court to grant
bin further time
TIE JGdge.Adyocato remarked that he would have
10 OBJ ctoL 20 sapurning until tomorrow If the ao
cuscd would make the proper affidavit relative TO the
Witnesses.
Tho accused having flad the proper AFFIDAVIT the
Court adjourned uutu 10 O'clock tomorrow morning.