The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-06

unquesiionably. came too late Tor that measure
Would nave nvosed earsns oy rarn nas as
the Court seems 10 REQUIRE supposal tna'. de.
vIss,ng ,Iom tne tecnnica, rue WHICH confined
committed an error which to some minds might
seem less obviously such. Ihsy considered Porter
In conformity with his own temporarily enter
tanned deslSn. In hls way the case on
the question OF fact whether the order was re-
ceived by him at TOO late an nour 10 admit OF THIS
have pretended mat il was delivered in time TO
admit OF establishing the communication which
had never yet been formed win Rcynolds' COM
manu, three miles on, and. In that attituoe at
tacktug Jackson's danK, ~ required by the order.
But assuming that there was force immediately
Communication with Reynolds' command. Porter
might nave ATTACKED. tue prosecutor sought "a
prove that the order was delivered In season Y
Even yhis issue OF fact. foreign o. it was TO the
canrges MAS as ,onk
the relative force OF connlcung testimony.
General Pope's aid. VINO carried The despatch. aud
Afforded time for the attack en- LongstreetI
force; and, OF course their statement. though
the the Court There arc strong reasons 10.
regarding this IS hasty conciusion. Tne
as wSo Sors this sn @es no,nns
OF Its nature contents or Ooject, or OF any
reason lor speSisl prompsitade. Hs gave no eyi-
me ' ss ' dd Gem
untii eight O'Clock (Rec p. COY, vet he tesli.
1ed TO delivery Of the order to Porter at nvs
his SLOW progress over road or roads tnen rss
traversed by him, while three hours were con-
sumed IN !ns return, the, the testimony Of these
not In all particulars reconcilable, aud II IL 10
many respects loose and unsatisfactory. Elk.
IN retracing their steps OF six times as long
period as Captain Pope allowed Tor his nrst jour.
rience that on such subjects the precise time Of
an occurrence. contemporaneous written mono.
rand9m Is more 70 be reea upon than the the mem:
military dispatches usually specify tbs precise
time when they are written. And the superior
ned Ia this very case by the contrast between the
extrinstc inculpatory evidence offered concerning
march 70 Brstow and the real object as disiisctis
revealed by the date and contents OF ths de.
spatcn. the latter completely reuted the
shadow OF reason 70 support It. In respect to the
precise time wnen Captain Pope the Commanding
evidences which would have been not merely sat,s.
tesssd as Sfer
ten reply 10 the order" Rec. p. 81 Genera!
e c se a 'p Ss s 10
90 SO. lsec. PIP. 81 S2l the non;productlon Of
that written evidence on this point deemed so
trial.. prior charge, prtma fAofe sus'
PEELED by q document IN PROOF. aud secoud
charge, though strongly contradlcted, Is repOsed
eoes nos sRDs 70 uroaucs Or sS
liar written test OF his Witnesses accuracy, winch
has been :tncs e their hands y can
power 70 uphold the accusation.
Upon Inc whole taink that the nnding against
the accused on this charge was not Justified
FIRST the evidence OF the messenger and hls AID
was on Its lace suite too loose ARD lndedoite
thirdly, the order could not nave BEEN obeyed
according to its actual tenor or intent, am
% Sn Ss ps o asa Ut s ss .s :sss g
had Tor moment aud ol his own mere motion
contemplated, nut which ne found TO be unadvisa-
bic, such delay would no; have peen breacA Of
his duty as soldiers at all events, 1t could not be
CONSIDERED disobedence Of the order speclded
Tas new evidence rendered accessible BY tho
return OF reace imparts to the sentence char.
acter which w1 % Dc dcult 70 osscree
however, are not based In any degree on that eyl
dence They rest entirely upon ss coaFs msris'
NEW YORK, Got 90, 1874
GENERAL PoRrER's APpEAL TO MS ExcELLENcY.
The appeal OF General Porter himself 70 the
ments sent TO the President. Alter stating the
enclosure OF opinions from Judge BENJAMIN &
bott. JUDGE sSpman, Charles oConor and Reverb
Johnson TO His Excellency ne says
The testimony OF these gentleman will, believe
sss sG ana sn' ~ a
clam IT. also on the ts mot seSss
which absolutely The principal Of charge,
enStis led being under oontiauns to hi:
sn nsa % ann
these grounds mage ana rcnew this my ur zen, appeal
sn s0 whose . vii
I s an s aa % s ys
all facts with their opinion winch you u lse
Sss !" receive
Ss h o ora 2
according the statute for such made pro.
ha Sss os YOU'D Be- entities
TO hearing such as nov ask.
Alter recounttug the controversies which led to
the charges made against him. he speaks OF them
as folows:-
l. That dt was charged, did not on previous occa-
oersd nouns Tor light &C.
s h az 70
fatigue OF the AMI blocked condition Of the road
s % Srsensy tune and wo1s
was a. law one q sxrrcme tccanca!ty AM iass
:q D 4: iSSss martial are to md frivolous
Il; . + ss .sS
victory won the campaign ended and Of course popss
%: ~
q sn y %s i
knew it aud Pope did not 10 advance on
Jackson was Impossible. ne was not before
me- 10 attack Lee not warranted by my orders. II
would have been extreme folly, 1t would have sacri.
feed and DESTROYED my noble and gallant In an
isdated attack the main body Of the strongly
mHG an Ss %
warranted by my orders. Nothing could have been
stupid or criminal OF my own motion Yet II Is
the gist OF the accusation against me. Pope and his
staff officer who signed the charges against me
Tor him were positive, and swore that only
light troops and some Light batteries between
me and jackson Men OF sanguine temper able to
believe what they strongly wish to bslieys THAT Lsss
there Is as certain as any TACT In nature Th0
proof Of It IL now as certain as human testimony can
make 1.-THE evidence if need be, Of the ContejeEate
OF that armynot accessible TO at the time. which
now offer and when, surely hNve right to have
heard goes to ali that substantial In the case Tor
duty Pope could have captured Jacksons army before
Lee up The charge states IT. The verdict finds T.
out OF absolute error In verdict the new evidence
! Another charge VISA IN substance, that did not
light with fidelity AMI energy in Popcs Ratte.
too preposterous to be put TO proof. But 1t stands to
&i~< and lNvN~ ~