The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-05-01
THE GENERAL COURT MARTIAL
The Case Of Isham Henderson.
'oURTH DAYS FRooEEDIEes.

] FOURTH DAY fkooEEBIkGs-
The Court met at the usual hour, Major
General Gillem presiding.
CASE or HR. BRUBER.
This being the day Get for the continu-
ance Of the trial Of Henry Bruner, the
Judge Advocate moved a continuance that
the case Of Mr.. Isham Henderson might be
/ proceeded with. Granted. The case will
come up again next Monday
TIE HExDER8ox CASE.
Colonel Coyl objected 10 the minutes Of
| SATURDAY.. so far Is they stated that the
| charges were read as a whole, to the de
/ fendant before pleeding.
| TIE record was then amended 70 as TO
| state that each charge and specification was
| read. and pleaded TO separately.
Colonel 'Coyl then submitted the follow
| ing objection
The accused moves that the record be
| amended in accordance with the facts.
| which are as follows, until he is ready 10
prove, and which he thinks will not be de-
! MED, viz. After the first charge and specifi-
| cation had been read, the accused plead TO
| the jurisdiction Of the Court The Judge
Advocate did not then read the charges, nor
was any single charge or specification read
TO the Court, until alter the accused had
| plesded 10 the previous charge and specif-
cation; in ether words, 50 much Of the re-
cord as alleges OF pretended TO allege, that
the charges and specifications were read at
the time stated, Is not correct.
The Judge Advocate replied that each
charge and its specifications were read and
pleaded TO, and contended that that was
| sufficient.
The Court refused to allow the amend
ment.
Col. Irwin Sworn: I was serving'at Nash
/ 4 l. 81. 8 A..
/ furnishing Of mules, ETC., during the year
/ 1864. 1 purchased horses and mules under
orders from Gen. Donaldson, and paid such
prices for stock purchased as he directed.
All purchases OF stock made in 1864 were
made in open market, that is to say, no de-
finite contract was made with any one TO
/ furnish 8 special number Of animals. The
prices paid could always be ascertained at
my office, or at the cOrrala. Before parties
put in stock, bond was filed in my office
for good title; and the parties selling the
stock were required TO furnish references,
by which it could be ascertained from
whom stock may have been received, in
case Of disputed titles. The stock was in
spected at the cOrrals where Mr.. Bruner
gave the parties a memorandum receipt;
and he (B.) also furnished the Office con-
solidated reports Of his receipts, ETC., Of ami
mails. On presentation Of these memo
| randum receipts, regular vouchers
we're issued for the stock receiV-
ed, and the memorandum receipts
taken up. There were no other conditions
Of receiving stock, except 20 evidence of
title, and that they should stand inspection.
The conditions of inspection varied. If /
had q good supply OF mules, would pur-
chase no mules but three or four year Odds,
and fourteen and a half hands high but
when the demands were large, and the
stock on hand small, l only required that
the mules be fourteen hands high and three
years old past. They were likewise re-
quired TO be in good condition for active
service. These conditions were general in
their character, and applicable to all per-
sons.
l am acquainted with Isham Henderson,
the accused, and have known him since the
Spring Of 1868. During the year 1854,
purchased a large number Of mules from
him, and 1 also contracted with him 10 pas
ture lot Of mules.
Col. Coyl, for the accused, objected, as
follows:
The accused objects to the witness giving
any Of the contracts or any description Of
contracts, when there should be four quin-
duplicates Of or original contracts in the
hands Of the government, and when a writ
ten instruction exists, it only can be used
as evidence of its contents.
The Judge Advocate replies that the wit
ness has, as yet, given no evidence as to a
written contract. The objection of the &C
cused is premature.
The accused replies that verbal contracts |
we're not given for feeding mules, that the |
witness was about to describe a contract of |
which the accused had right to know
whether it was written or verbal if it was
written, the witness has no right to testify |
to its contents, and this is the place to ap-
prise him of that fact, 30 this improper ev-
idence may not 60 upon the records.
The court was cleared, and the objections |
sustained.
ExANIEATIoN CoETINUED: I also purchased /
from Mr.. Isham Henderson or his agents.
some forage, ne also pastured a large guam |
tity Of stock in the summer of 1864. The /
contract for pasturing the stock was in wri-
ting. ! can't find the written contract in |
my Office. There ought TO be one in the |
Quartermaster Generals Office, one at Gen
eral Donaldson's, aud another in the Re-
turns office. / have made diligent search !
for the copy in my Office, but have not yet
discovered it, though it ought to be there.
/ purchased from Mr.. Henderson the
same as l did from other parties. When he
purchased mules which passed inspection,
gave him the usual vouchers. l know OF
no special circumstance in his case different
this particular. | supposed at that time |
that there was bond on file from him for |
good title but within the last few days l |
have been informed by Mr.. W. c. Ander-
son, the clerk in charge Of taking such /
bonds, that none was ever filed by Hender-
son.
] have no recollection as to any arrang-
ment made with Henderson, when he first /
applied to me, to furnish mules. All did /
was to buy of him in the open market. /
There were no verbal agreements between
Mr.. Henderson and myself, other than such /
as were made TO all the contrac ors. l sta
ted 10 all Of them that if there was pros
pect of the government shutting down on
the purchase of mules, l would give them L
timely notice, so that they would not be /
left with a large stock on hand. This was
rather q general understanding than an
agreement.
cannot state, except from heresay, as TO
where Mr.. Henderson obtained Che mules
sold 10 the government got this infor-
nation from both the accused and other
parties.
The receipts for horses and mules were
made at the corrals, from blanks furnished.
They were in the usual form of receipts,
except that the word "inspected" was placed
before the word received" These receipts /
were filed up in detail, and signed by Mr..
Bruner or one Of his clerks for him, while
the consolidated report must be signed by /
Mr.. Bruner, as the two were required 10
agree in every particular.
The memorandum receipts from the corn
raj were always destroyed, as useless, after
had been issued on them.
Mr.. Bruner was at that time superinten-
dent of the corrals, and hal charge Of the
mules. ! checked the number Of mules by
the inspection report. These reports were
made at Burners Office. The corral Jour
nal, my consolidated journal, the original
hook OF entries, and the property book Of
the eorrals, all show how many mules /
purchased from Mr.. Isham Henderson. The
ORIGINAL book Of entries was made up an ac-
tuai record of themselves; the property took
was made up 10 give an approximate return
Of stock on hand, from the original entry /
books; the corral journal was made up nom
The original entry books, FOR the purpose q
~ t.fva ae'lV r-evov report OF properly Il
received and Issued; and my journal was
up from the reports ! received. The books 4
were kept BY clerks, but Mr.. Bruner was re-
sponsible for their correctness.
The Court here adjourned until this morn
ing at 10, 8. m.
A contributor to the Boston Adver-
tiser gives the following IS his expert
ence with the nightmare:
In early life l suffered much from
At one time had repeat