The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-05-16
THE GENERAL COURT MARTIAL
The Case of Isham Henderson.
rIrIEEsrH PAYS EaosEEprras.

FIFTEESTH DAYS PROCEEDINGS.
The Court met st the usual hour, Nsjor-
General Gillem presiding.
David Henderson recalled by defense; l
put mules into the corrals in 1864, and got
receipts in Isham Hendefson's name, but
how many / cannot say. He left mules TT
my stable frequently, and directed me to
put them in. l did il for him IS a favor.
Mr.. N. Harsh sworn. ] am farmer, and
live five miles in the country. have known
Mr.. Isham Henderson about three years I
cod Mr.. Henderson mules, but DO not re-
collect whether let him have any in July
OF August, 1864. / have lost my memo
randum.
c. D. Smith sworn / am Chief Clerk in
the Provost Marsbal's Office, Department of
Kentucky, a. Louisville. Before I took nv
present position, was an officer on duty in
Kentucky. 1 know Mr. H0ge; at least I
have seen him several times.
Question by Col. Coyle: State whether
you know anything as 10 whether his state
ments before this Court, and before JUDGE
Advocate Noris, IN the Erst instance. were
made voluntarily, or otherwise, and state
all you know about IL?
Objected 70 by Judge Advocate.
Col. Coyle replied that the object was TO
impeach Hoge's testimony, and it was
legitimate TO establish the fact that he tes-
tined under promises or threats. Promises
and threats are calculated to effect testi-
mony, and it is entirely proper to know If
any such were made. Several authorities
were here read 10 sustain this view.
The objection Of the Judge Advocate sus.
tanned.
Examination continued: Mr.. Hoge told
me about the statements ne made to Capt.
Foris, and Gen. johnson. He (Hoge) said
he had been used like dog BY those Off
GERS that the arresting officer took him to
Gen. Johnson's headquarters, and put him
under TIVE bayonets; and that the way he
come to say what he did, was, that they
read TO him a paper purporting 10 be the
confession Of Mr.. Colts; and he said, that,
if it had not been for the reading Of that
paper, be would not have said anything.
He was then threatened with the peniten-
tiaTy, if he did not testify; but II he did
tell all about it, he would be pardoned.
He (Hoge) then said that Capt. Voris
and Gen. johnson had lied to him, and
scared him. This is the substance Of his
statement to me. Major Blackman was
present during the conversation. The state
ment Of Hoge TO me was made without my
solicitation.
Cross examination by Judge Advocate
The conversation took place on either Fri
day or Saturday, Of the week this trial com
menced and in the hall door of the Stacy
House. ] came down here to defend M
Henderson, If Col. Coyle had not been able
to do so himself. ! came here by permits
sion Of Gen. Davis. l was with Hoge and
Anderson considerably, but not by my
seeking, on Friday and Saturday.
This conversation did not take place at
any body's solicitation. ! was talking TO
Major Blacklnan, when Hoge came up and
sat down. He said he wished this thing
was over, and told him I thought a good
many others wished so. He then made the
remarks already stated.
! have, to some extent, been engaged in
getting evidence for the defense in this
case. 1 was to receive nc pay from the
Government during my absence.
W. j. Cots called for the defense W. J.
Cots, one Of the witnesses for the prosecu-
ton, was here called for the defense. /
have known Mr.. Hoge for ten or fifteen
years-from his childhood up. His general
reputation for truth and veTacity at home,
was bad. / would not believe him on oath.
He made q statement to me about his giving
testimony in this case. He said he did not
voluntarily give testimony; that he was
arrested in Louisville and brought here 10
the office Of Captain Voris that the Cap
tain told him that some one had made a
confession, and unless he (Hoge) would do
so, he would be sent to the penitentiary
He asked the Captain if de would not al
low him the freedom Of the city that this
was denied him, and confession or the pen
itentiary were held out as alternatives.
He remarked that he was very sorry that
he had done il; that the Captain had lied
10 him about a good many things.
lie said that VOris told him that If be
made a full confession he should have a full
pardon, and that he had got it.
Question by Colonel Coyle: State whether
you ever had any conversation with Hoge
in relation to what was to be done with
Henderson's property if he should be con
victed whether said Hoge was or was not
to get any Of said property, and if he was
10 get any, what proportion; and what was
10 be done with the balance2
Objected to by Judge Advocate as irrele-
want.
Col. Coyle and Gen. Ward, for defendant,
whether or not Hoge had an interest in the
conviction Of Henderson. They further
stated that they proposed, if allowed, to
prove that Hoge was promised one-iourth
Of HendeTson's property if conviction
could be secured.
Objection Of Judge Advocate sustained.
Col. Coyle and Sen. Ward here asked
Colts if he had not been promised a reward
by Hoge if he (Cotts) would sustain his
(Hoge's) statements.
Objected 10 by Judge Advocate.
Objection sustained.
Adjourned till 10 a. m. TO day.
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