Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-05-01
BRUNER COURT-MARTIAL.
Thirteenth Days Proceedings.
TRIAL OF IsHAM HENDERSON

that portion Of the minutes objected to, which was
objected 10 by the Judge Advocate. who urged
! that his objection should be made after the read
| ing Of the MINUTES. On the Court being cleared
| the Judge Advocate was sustained. Col. Coylc
| for the defense, then made the following Cbjec-
| tons in writing. and asked that it might be
/ made portion Of the record That the accused
moved that the record be amended in accordance
| with the facts, which he stands ready 10 prove
| and which be did not think would be denied, and
we're a. fellows After the reading Of the first
charge and first specification only, and not after
all the charges and specifications had been read,
that the accused plead to the jurisdiction Of
the Court. The Judge Advocate did not
then read the charges. nor was any single
charge specification read TO the Court until af-
ter the accused had plead to the previous charges
and specifications in other words. so much Of the
record as alleges. or pretends to allege, that the
charges and specifications were read at the time
stated, is Incorrect.
The Judge Advocate replied that the Court
must judge Of its record and determine whether
the facts stated by the accused are true in whole
in part. 1t is a fact that charges and specifca-
tons were duly read to the accused before he was
required to plead to them respectively.
Counsel for the defense insisted on his objections
being received, when the Court was again cleared,
and refused TO let them be made Il portion Of the
record.
The further consideration of the case of Hen
derson was postponed until action could be taken
in the case Of Bruner. the hour having arrived for
its consideration. The Judge Advocate asked
that his be deferred until the eth inst which
was granted.
ri Al If fhor, (rsl
Irwin was called and sworn.
By the Judge AdvOcate-Ir what capacity was
you serving in 1861? A. was in charge of the
transportation, public buildings, shops, &c.
estate TO the Court your manner Of purchas-
ing animals and procuring transportation at that
time? A. l purchased horses and mules under
orders from Gen. DOneson. during that time. and
paid such prices for stock purchased as he di-
rected.
Q.-State the manner in which such purchases
were made? A. All purchases Of stock in 1864
were made in open market, that is to say. that
nc definite contracts were made with any one to
furnish stock. The prices paid for stock could
always be ascertained at my Office or at the Office
the Of the corrals Before parties put in stock a
bond was filed in my Office for good title, and the
parties putting inEtock were required TO furnish
a private brand, By which they ascertained from
where stock was obtained in case Of a disputed
title. The stock was inspected at the corrals by
Mr.. Bruner and his assistants. lie gave to par
ties furnishing stock memorandum receipts. He
also reported to the Office consolidated reports of
bis daily receipts Of stock by purchase. On the
presentation Of these memorandum receipts regu-
lar vouchers were issued for stock so received
and the memorandum receipts taken up.
Q.-Statc what conditions. &c. were required Of
persons putting in mules or stock for the Govern
mentY A. the conditions varied during the year.
If had supply of mules on hand ] would pur-
chase no more unless they were fourteen and a
half hands high, three and half and four years
old and past. In case that the demand was large
on me | would then direct that mules be received
fourteen hands high and three years past. The
mules were also required to be in good con-
mon.
Estate whether OF not these conditions were
general in their character and applicable to all
parties? A. The conditions varied at different
times but were the same for all parties.
Q-Are you acquainted with the accused,
Isham Henderson; if SO, how long have you
known him? A. l have known Isham Hender-
son since the Spring of 1868.
Odd you have any business transactions with
him during the year of 1861 if So state their char
acter? A. purchased large quantities of mules.
and contracted with him to pasture stock, &c.
Counsel for the defence here objected to the
witness giving any of the contents in any descrip-
ton. Of a contract. when there should be four
carbohydrates Of the original contract in the
hands Of the Government, and when written in
strument exists It only can be used as evidence of
its contract.
Judge Advocate replied that the witness has as
yet given no evidence as to written contract.
The objection Ofthe accused is premature.
Counsel for the accused replied that verbal con-
tracts were not given for feeding mules, that the
witness was about to describe a contract Of which
the accused has a right to know whether it was
written or verbal; If 1t was written, the witness
has no right TO testify to its contents and that
this the place 10 appriso him of that fact so that
improper eyia cnco may not 60 upon the record.
Court was cleared and the objection sustained.
Col. Irwin resumed his answer, and stated that
he also purchased from him or his agents forage,
and that he pastured a large quantity Of stock in
lSGl
Q.-Werc the contracts written or verbal? A.
They were in writing.
Q.-Wcrc the contracts for forage written or
verbal2 A. No contracts for forage were made.
Q.-State whether you have these contracts in
your possession or not? A. They ought to be,
but could not be found-ought to be one in the Q.
NJ, Generals Office, one in Gen. DonolsOn's Office,
another in the Return Office.
Q.-State what efforts have been made to find
them in your office? A. have examined every
file in my Office and have been unable to find
them.
Q.-Statc all the circumstances connected with
your purchasing mules from the accused, all the
agreements. &c. A. | purchased from Mr.. Hen
derson the same as l did from other parties.
When he brought mules to the corrals and after
they passed inspection. | gave him the same l
did others who did this. l do not know any spe-
cial circumstances in his case different from those
Of the general Of business, except in the par
tioulGr that il was supposed at the time that was
purchasing stock from him, that there was a bond
as TO title in my Office for stock furnished by him.
have since been informed by Mr.. w. c. Ander-
son. who was the clerk in charge for taking such
bonds. that no such bond was ever fled
Q.-Statc when Mr.. Henderson first applied to
you to furnish mules, and what was said and done
ON that occasion? A. have not the remotcst
recollection.
Estate whether or not any verbal agreements
existed in 1864 between you and the accused for fur
nishing mules if so, how long did they stand
state all the circumstances, &c A. No verbal
contracts existed. The same contracts were-made
with him as with others-with the exception that
] told him that if | learned that the Government
was going TO quit procuring mules, that would
let him know it. so to prevent a large quantity
of stock being lcfl on his hands This was gen
cral understanding and not confined TO him.
Q.-Statc IL you know the manner in which Mr..
Henderson procured mules and where he pro-
cured them? A. | don't know only as 20 infor-
nation. ] understand he purchased them in
Kentucky and IN the market here.
prom whom did YOU get this information
from the accused or other parties? A. From both,
1 think.
ON what style ofpuper did you issue receipts
% parties furnishing mules 70 the Government
A. The receipts were made out on blanks at tho
corral made Tor that purpose; the blanks were the
same as given IN any receipts for Government
stores, only that before the words receive s.
these reNslpts were filled up in detail aud signed
consolidated report that came 10 my office Mas re-
| guired TO be signed 10y Mr.. BruuCr. The memo
| randuu receipts were required 20 agree with the
consolidated reports.
| Q-What wa, done with those memorandum
! receipts after the vouchers were made out on
| them? A. Cancelled aud destroyed.
Q.-Ny whom were they destroyed and for what
! purpose? A. They were destroy ed 10y the voucher
CLERK ~ useless papers, and 10 prevent them being
! used again.
u-tiiye the exact face of one Of these receipts
! A. They read Nashville, Tenn. the date, inspec-
| ted, in writing and the rcceiv cd from printed;
| the name of the party filled ia writing. ION the
! blank mules, blank u hands high aud blank Il
] hands HIGH. and III. kruuVI, Der whoever was the