New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-21


letter will fully explain this matter.
ALETTER FROM GENERAL BANKS.
HEADQUARTERS DEPARTMENT THE GrLp,
New Orleans May 81, 1864 )
Major General McClernand, Commanding Thir-
teenth Army Corps:
GRSERAL-The Office of Prosvost Judge, for this
department, is now vacant. 1t will give me great
pleasure to avail myself Of the services OF Colonel
WarmOth, your adjutant general! for brief period,
tions with You If if vou would give me your consent
for that purpose. The position IS an honorable one,
requiring under present circumstances, discretion,
high character and legal alility. am sure Colonel
Warmoth will discharge his duties with honor to
himself and the country.
Your obedient servant.
n. p. BANKS,
Major General Commanding.
The request was granted, and that is
HOW COLONEL wARMOTH BECAME PROVOST
JUDGE.
And after he had entered upon the discharge
of his duties the people We'd with the press
in efforts to praise him for the able and hon
orable manner in which he did discharge
them; in proof of which we would appeal
from "Philip drunk to Philip SOBER" and
ask these very editors who now delight to
detract from his merits, to look over their
own files of the date corresponding to the
period of his judgeship. So much for his
record as "enlisting in the home guard of
the State to stay at home and keep out of
harms way" Suum c,ique.
We now propose to show
HOW HB MADE HIS MONEY.
Preslming that he started out in the
world without means (which is by no means
true), to conclude that young man who
could insure an appointment to the impOr-
tant office of District Attorney ,and he made
brigadier general, on active duty, before he
was twenty years of age. and yet had not
the ability to make some money, Is to write
oneself down donkey. If One-tenth as
venal as his enemies would make believe,
he had plenty of opportunities before en-
tering the army to steal pretty large for
tune, and yet they charge that he came to
New Orleans very poor. lie must have
been an awfully smart fellow IT, as tunes
90, he could have forced himself into the
positions he occupied without being in pos
session of considerable means. Money he
had, and his wealth was increased as fol-
lows: At the beginning of the campaign
against Atlanta, and in Sherman's march to
the sea, the Missouri regiments having
been depleted by sickness and battle, were
broken up and consolidated, and having
been removed from the department,
Colonel Warmoth was one Of the
supernumerary officers, and, as such,
was mustered out of the service, whereupon
he went into the practice of law, then
chiefly confined to the United States civil
and military courts, and from his well
known ability and experience was very nat
urally retained in nearly all the important
cases of courts-martial and military commits
siOns. BY a reference to the record OF the
courts. it will be found that the name OF
Judge Warmoth figured to a very great ex-
tent, and with such business and the large
fees which. in some cases, amounted to ten
thousand dollars in single case, 1t Is easy to
account for the rapid accumulation OF money.
Who among his enemies would fail to do
likewise if they only possessed the brains
HIS INDICTMENT IN TEXAS
Upon the close of the war in 1865, Mr..
Flanders, then special supervising agent OF
the treasury department for the southwest
a gentleman against whose integrity no man
can say truthful word, appointed Judge
Warmoth to go to Texas and receive the
surrendered property of the State. He
went to Texas and received six hundred
| bales of cotton and other property. but
when he had been there ten or twelve days.
he was taken sick with yellow fever, and
| was relieved at his own request and as soon
afterward as he was able to travel, was
| brought home to New Orleans.
just two years afterward he learned that
| he had been indicted by the Grand Jury OF
| the United States Court at Galveston, for
| having in connection with Joseph K. Nor.
ris. a prominent and wealthy Republican OF
| Texas, embeZzled 1000, the property OF
| the United States. see Metairie makes
| it $4,000 or $4,000 which is as neaI
| the truth as he usually comes. Judge War
| moth never was arrested on the charge. but
! as soon as he heard OF the indictment he
| went to Galveston to stand his trial. Mr..
| Morris was arraigned and tried, and the
| jury, without leaving their seats, found a
verdict of not guilty: wherenpon Judge
! Warmoth arose in the courthouse and stated
| to the court that he had learned that he had
! been indicted, and, although not arrested,
| he had voluntarily come for the purpose OF
| surrendering himself to the court for trial,
| when the judge stated that, having heard
| the testimony in the case of Mr. Morris, he
| could do nothing short of ordering the Dis
| trict Attorney to enter a nOLte pfOSequi LII
| the case, which was accordingly done, and
| this is
! HOW THE MATTER WAS HUSHED Up.
| And here is the chapter and verse that set.
ties that SANDER, which had its origin in.
and is continued solely as the lowest form
of political persecution.
OFYICE THE UNITED STATES ATTORNEY, }
Eastern District of Texas, :
Galveston, May 29, 1867.
| Hon. H. c. Warmoth, of New Orleans
DEAR SIR-In the course of official duty here, II
| has been nv lot to prosecute yourself and Joseph
| Z. Morris OF Houston for embezzlement of money:
OF the United States alleged to have been received
while you were treasury agent here, IN august
| 1865.
Upon trial of the case this day it abilndantly ap
peared that no Ofense against the law had been
committed and his honor, Judge J. c. WatrOus, IN
structed me to enter nolle prosique did TINS the
more cheerfuly because the papers OF the treasury
Department this day put into my hands, from ne
special agency here, prove conclusvely that the
matter in respect to which this prosecution was in
| stituted, was finally adjudicated by the military
authorities in August, 1855. and that You and MI
| Morris are above suspicion in the matter.
Very truly, d, J. BALDWIN,
| United States District Attorney
| At the May term OF the United States District
| Court for the Eastern District CT Texas Galveston
! Texas May 29
| At eleven O'Clock Jury was impanneled to try
! Joseph Morris and Il. Q. Warmota tor enibezzing
| twenty y-one thousand dollars OF government money.
| The witnesses for the government heard
| when became satisfied there was no case againt
the defendants and told the District Attorney that
| had not a particle Of doubt OF the innocence .!
these defendants and that the transaction was per
fectly legitimate. At any rate II the property was
really thearoperty of the government, suit could
pursue this trial any further an act OF the bald
est injustice therefore recommended 10 me DIS
tr1ct Attorney to enter "A nOlle pros. Inc olslric'
Attorney rose and said that he satisfied OF the
! innocence OF the defendants, and that he heid lG
his hands the papers of tie Treasury department
of a doubt, and he was glad that the defendants
had been indicated by the courts OF the country
The District Attorney entered the nols pros, and
JOIN c. wATRoUs,
+ Levi Jones, Clerk Of the United States Court 3.
| Galveston certify the above to be true COPY from
! the Original with the seal Of the court.