The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-01-06
Evidence Of General Whitaker, Of Ken.
lucky, Martins Counsel.
A Scene in COurt-Personal
illusions.
TaE EXAMINATION FURTHER POSTPONED.
e. &c. &s.

States Assistant District Attorney, appeared for the
prosecution. The prisoner defended by Mr.. W. c.
Whitaker, Of Kentucky, who has been general in the
Union service.
The first and only witness was General Whitaker who
protested against being examined the ground that
statements had been made to him by the prisoner the
nature Of privileged communications between counsel
and Client would not be right for him to disclose them
in any investigation Of this kind
Mr. Courtney said he would examine General Whitts
ker as to certain he wished to be informed upon
respecting the prisoner
General Whitaker was then sworn and examined rs
follows:-I reside in Louisville Kentucky; Ihave known
prisoner since the LIST Of October and have known
him by reputation for two or three years.
Q. Where did the prisoner reside in 1854, and what
was his business occupaiions A. Ny answer Is that
l am counsel for Robert Martin: his legal adviser
know nothing Of him OF my own personal knowledge
except what have detailed all the information have
reference TO the defendant by which could respond
to the questions propounded to me, has been derived
from statements made by him TO me as privileged com
munica0ns between counsel and client, and for this
reason respectfully decline answering the question.
O. Who employed you A. was first addressed by
letter from Mr. Martin, sent to by the military au-
thortes of the prison, and was then employed by the
brother of Martin, who ohcer in the federal ser
vice.
O. Did you consult with the brother of the defendant
the affairs Of the defendant Al LousviileY A. III
you to his crimnaty or innocence, did not
O. Did the brother Of the defendant at any time inform
that the defendant at time an officer in the
Confederate army during the rebellion A. II he did
do not recolect il; my impression is that he did not
O. Did you ascertain the fact that he was. during the
rebellion, officer of the Confederate government A.
If did do not now recollect it.
q Did the prisoner state or inform that he was IN
officer Of the Confederate government and so, where
and when A. decline respectfully to answer as TO any
communication that has passed between me ana Nj.
Martin counsel and CLIENT it being laid down IN the
legal authorities that where employed counsel to
defend him what passed between them would be pryi
legged communications, and the relations that thus
listed between them could not be violated by any court
The position assumed w the District ATTORNEY would
utterly preclude from the benefit Of counsel be-
fore the charge against him proved II man were
taken up for tho crime OF murder before the examining
and had obtained counsel 10 defend Him, ana mad
made communications 10 The counsel nndef the
expectation that he would be tried, and that IT WAS
found that the charge OF murder could mol %
the charges being separate and distinct, would there
fore be assumed that having made those communities
lions under the expectation tina, he would ne charged,
counsel liberty into court srid give eyi.
dense respecting them This would be contrary to law
and betrayal Of the secrecy that was abso ey neccs.
ssIy.
present.
The examination Of the witness wa- then resumed
He said-l knew Colonel Martin by reputation before lac
employed me counsel
Q What was his reputation in the federal army and
In Kentucky 10 his being Confederate officer. A.
do not recoect to have heard what position lie held in
i Y
brave, daring, humane man, who treated with tho ut
i,daess all prisoners whom thsfae of threw
into his hands, his reputation vas that Of sn honorable,
brave foe.
O. Whom you use the word 'foe" explain what you
means A. mean by tina, soldier OF the Confederate
army-an enemy to our government
q In abiding to the prisoner all along you call him
| Colonel Martin. A. That IL the name given to him by
his friends and gave him the title matter Of re-
O Wa. the matter Of respect the only Why you
gave him that title, A. have already answered that
uux hlNs. In
| that title
Coun-wss it altogether matter Of respect A. 40,
| Mr. Countrywide you not know that The reputation
OF the prisoner in Louisville sud among those who know
him notorious having been officer and soldier
in the Confederate army during the rebellion some
| time during the rebellion. A. do not th,ak ever
heard half dozen persons speak OF Martin In life;
| do not know that his reputation notorious
oicer have heard him spoken Of IN the manner have
already detailed soldier, and have frequently heard
him spoken of "a soldier in the rebel army; what his
! position was did not seem to be understood
q Have you not frequently stated IN this city, since
you have been here, that Murn was one o; the most
active and daring Of nrn ia the Confederate army
believe have stated several tunes that Martin nad the
reputation of being one Of the braves, and most high
m nded soldiers In the Confederate service, believe
| may have possibly the word Officer some per
| sons--to the District Attorney.
| Mr. Courtney-Not TO me. You only said he
| humane man
witncss-Ihis information as to Martin vas derived
| from the estimate In which he wa held in Kentucky.
Mr. Courtney-po you know whether not he
reputed been with DAVIS and with Lee st the
OF the surrender Of the latter and the capture the
| former A. do not think 1 ever heard any one saw
apything that subject: I have heard thai he
ciuded ~ the general amnesty that wa offered at The
| surrender OF the army.
| O What amnesty do YOU aIlude to- A. The one that
given the time Of the surrender Of Lees aud John
| stons armies
| O. From whom did you hear that A. do not re-
member, heard several speak of IL; my impression
that heard the prisoner say aud may have heard
others say 40, but do not rccoleci
Y When and where did you the prisoner say sos
A In Louisville. and my best impression j. that the
statement IL contained in a written application that has
Y Have you that apphcailonf A. Yes; and
wa the bearer OF that application TO the President
have read H.
Y was the petition signed by the prisoner 4 Yes
T. Having seen that petition signed bv the prisoner,
ana read IT, are you sii willing swear that you
no Information knowledge Ia the prisoner having
been onedersfe service during the rebelong A
can only refer 10 the paper, aud take IL content.
scsNE ~ CoURT-rEnsoNAL ALLrsioss
Mr.. Courney-I must say thai your answers arr mcrs
ingenious than candid.
The witness aid he would not tolerate such iangl
The questions pu, to him calculated to put lsn In
false position.
Mr. Courtney replied that he wa there In the discharge
OF public duty, aud he did think that lac had put
any question that was not proper.
The witne-s--H Won use the language you have sd-
dressed To me you should do n the street.
The Court csnnc, allow this personal alteration
M. tourtney-There is no personal aliefcs,ion-
Witness ask the Court 10 call him to order
Mr. couftney-Ths General IL used 10 this bullying ia
Kentucky
Court call you to order
Mr. tourney-He IL here, nov, In another place, and
hi. Insults and threats have no iorcs repeat
sgain his Ingenious than candid, and
every Who has heard HE mony will say THIS
attempt Ia bully me will have no eret on me have
this before and " done again win resent II In
that the Court not desire 20 have repested here
wiincss-As 10 his personal illusions. Will only add
that the street Is IN. only proper place 10 settle them
Cvuu--Go on with the examination As a. the re-.
marks critcisms Of the District Attorney they
merely his opinions and have enect me; but you
THE witness) entitled 10 protection
wi,ness-f ask no profession.
Court-The District Attorney has night 10 crtck the
testimony u he dbes " In way that not personal
wtness--Bc has criticized my testimony While vac
under examination.
The Court ntma,ed tha, II would require tie attend
Of the Marshal IN vi any splehensons OF yo
ence
does not bite