Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1866-01-29
Trial of Lafayette G. Baker
Tho Record in Tho Case Of Hins
Z alias Howell, F. /
Ar convictions BY Military Commissions
Sufficient 10 Disquahiy Witness
from Testifying.
Fourfh nay!

The court was opened at half. past ten o'clock
tho accused and his counsel being present
Messrs. Caringtou, Bradley, 81. and IT,, and
Judge Hughes for the prosecution.
Judge Fisher said After what took place on
Friday-manifeatation Of applause. clapptng OF
hands, del deem II my duty TO announce that
such demonstrations must not b repeated. The
court house Is not theatre, and Intend that II
shall not be converted into one. The marshal
and his officers have instructions to arrest any
party found applaudlng or interrupting the pro-
ceedings Of the court. I make this order to pre-
serve the dignity, psspeet and decorum which is
due 10 this plxce. .,-.. DID,. ..H.... Z -
Mr. csrripgton stated the prosecutions desired
TO recall Captain Hine for REORGANIZATION
The defence objscted, on the ground that the
| witness hsd been allowed TO go from the stand,
and since then two other witnesses had been ex-
amined. s.r .. |.....ErF| F.. |a..
the witness had passed under the name Of How
| ell for some time. and to examine him As TO va.
rious other matters connected with this ease.
Judge Usher said Il would be bad plan to
ton after witness bad been allowed to go from
the stand. He thought II was an unusual prac-
| tice. The prasecut on should have asked the
questions when the witness was on his cross.
M. Stanton said the defence would now close
| their case with the production Of
Mr. Bradley Before the gentlemen close we
desire 70 put In the record In the case Of Captain
l
the papers In his possession.
Mr.. Riddle said the papers In Howell's case
were not complste. report was made by tho
Judge Advocate General, and upon that the Sec.
port or the action Of tho Department on Il does
/ not appear In the record here produced.
Mr. Bradley We made most diligent efforts to
havo that record hero. AFTER we examine that |
| shall again ask your honor to allow US to, sail
| Hiue for oss-examinaiion. 90
Mr. Stanton; Before Mr.. Bradley gets through
/ with the record have here paper which de-
sire to offer. It isan order from the War De-
partment directing Col. Burnham to have the
| case of Hine tried soon rs possible.
| Mr. Bradley Aaid the defence cannot produce
an order. setting aside the proceedings OF tho
former trial We will now have Col. Burshsm
sworn to prove that this is q perfect record.
Mr. Stanton. We object. We contend that q
| new trial has been granted and the conviction Of
| Bine amounts to nothing.
| Col. II. b. BurnhAm was then sworn and tes-
tiled that the papers brought In by him were
| the record In case against Lieut.. II, H. Hine,
transmitted to the witness by the Jndge Advo'
cate General.
| Cross examined by Mr.. Stanton; Q, For what
purpose were they sent to YOU
Judge Hughes, for the prosecution, objected on
the ground that the order was In writing direct.
ing new trial.
Col Burnham stated that the order reached him
on a set Of charges and specifications, together
| with q record In an old case, for trial on new
charges and the old specifications. Witness had
among the records transmitted to him letter
from the AdJutant General TO the Judge Advocat,
General, disecting, by order Of the Secretary o.
War, that the, case be referred to witness. Col.
B. here produced the letter.
Question by Mr.. Stanton Does not the repor
set aside these proeeedingsf
A. Never saw the report; knew nothing abou
| Il. ~..-... ." ~ '.".. 80 '.
The Court said the question was to ascertain !
| Hine was having new trial on the old charges
or whether he was being tried on new charges
| III the witness was having n new trial on ths
| charges on which he had been convicted, and thai
trial was yet pending, Of course the testimony Of
the witness (uinel was good. 10 4 rr
Mr. Bradley. We hold that this man Hine has
been convicted Of an Infamous crime, and Il isfoi
the defence to produce the order setting aside thu
old charges and conviction. We produced tn,