Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-01-29
LOCAL NEWS.
TRIAL OF GEN. l.. L.. BAKER.
The Pardon Brokerage Case.
CRIMINAL Court, JUDGE FISHER.

This morning the case OF Lafayette T.. Baker,
indicted for false Imprisonment and extortiou,
was resumed There was quite a large crowd OF
spectators present. The interest in this case
seems TO increase, and each successive day
brings larger number Of persons 10 the Court
room.
Judge Fisher, before the trial was resumed.
stated 10 the spectators that the Court House
was nor theater, and that demonstrations OF
applause or dlsapprobation would not be per-
IDItted. The Marshal had his Instructions 10
arrest any party who should be detected, and
he would be committed TO jail for contempt,
and he (the Marshal) for this purpose had
stationed his assistants in different parts of the
room. He stated that he adopted this course
tanned.
District Attorney Darlington stated that the
prosecution wished that Captain Henry H.
Hine be recalled, that the cross-e1aminaron
might be continued.
Mr. Bradley said that he expected to show
that Capt. Hine was living in Canada, q fugi-
tive from justice; that he came on pretence of
having important information.
The Court stated the time had passed; that
the witness could not now be recalled.
hr. Bradley asked at this stage to offer te
rec ord Of the trial of Capt. Hine.
Mr.. Riddle stated that the papers were in
complete, and that the character OF the action
OF the War Department did not appear except
inferentially. The defense had ascertained that
paper necessary TO complete the record was
in possession of an officer OF the War Depart
ment, and had taken measures 10 have il here.
MIR. Bradley here arose to read the record,
and stated that when he got through the read
ing he would ask that Hine be recalled for
cross-examination.
Mr.. Stanton said that he had paper, an
order from the War Department directing
Colonel Durham 70 have the case of Hine
tried rs soon as possible. He objected 10 read
ing the record, for a new trial had been granted,
and consequently there was no cIinne TO dis
qualify.
ecution.-WiLpess had brought the record in
the case Of Ii. IL. Hine, lieutenant lst Colorado
cavalry, which he had received through the
regular channels from the War Department
BY tine Court.--The papers are for new
trial not on the old charges, but on new charges
with the old specification.
By the observation-disclosures hiss q letter
from the Adjutant General 10 the Judge Ad-
vocate General approving his course, and di-
reeting the reference OF the papers IN the case,
which he produced and read. Witness has
never seen the report in the case.
Mr.. Bradley stated that il was for the de-
Tense 10 show that the conviction in his case
had been set aside by competent authority,
and unless they could show this the prosecu-
ton contended that he was not a competent
witness, he having been convicted OF 8 crime.
Mr.. Stanton contended that the record show
set aside.
Mr.. Bradley said the record was complete in
itself.
MT Hughes said that it was not competent
tor the War Department to relieve hine from
the sentence in the ether trial There was but
one officer in this Government competent 10
set asiCe Il cOnNlcIOn.
The Court SAID it had very serious doubts IS
70 admitting the reading of the record as evil
deDce. He had never seen a record offered to
equality q witness, except the record Of q
court of common law.
Mr.. Hughes said he was not committed as TO
the validity OF the sentences of military COM
missions, but the Attorney General had decl-
ded in their favor
Mr.. Stanton said the court In this case was
assembled by department commander, who
had no authority. The defense in this case
had not examined as 10 the constitution OF that
court.
The Court stated that it would be for the
prosecution TO show that the court was legally
constituted one.
Mr. Stanton stated that Hines was frst dis
missed, and was afterwards tried, ana the pro-
ceedings had been annulled and new trial
was ordered.
MT, BRADLEY, ST., read from Greenleaf BIS, as
to the competency OF witnesses, and commended
that the proceedings in the case or Hine were
within the meaning Of the law. III military
commission eou Id infiict the death penalty then
Jurisdiction included minor oDences Hlne was
subject to military Trial
MIR Riddle argued that the record was not a
comniete one of court of record. II was the
record of court not known TO the law of land.
Hins was put on trial before d military COM
mission after be had been dismissed, contrary
TO the law Of March 1lth, 1864, which provides
ual.
Mr.. Stanton read from the alleged record the
plea Of Hine TO the jurisdiction of the commits
sion.
The Court said that he did not feel disposed
TO admit the record as eviden CO, not being sat-
competent jurisdiction. He attached no i'm
portance to the sentence Of the military CON-
mission, and 10 could not operate So as 20 sea,
the mouth OF witness, be could not recognize