New-York tribune., 1875-12-11
THE MILITARY TRIAL TO WAIT.

GEN. HANCOCK DECLARES THE COURT OF INQUIRY
SUBORDINATE TO THE CIVIL CoURT-REsoLU-
TON TO ADJOURN FROM DAY TO DAY.
CHICAGO, Dec. 1O.-The Military Court Of Inquiry
in the case of Gen. Babcock, comprised of Lieut.
Gen. Sheridan and Major-Gens. Hancock and Terry,
met again nj noon to-day. Gen. Hancock immedi-
ately arose and read the following:
sense of duty to the laws TO the military service and
to the accused mpels me to ask your concurrence in
bound TO believe IN the entire innocence Of Col Babc0ck,
evidence 1t IL due to him 10 suppose that this Court Of
Inquiry asked IN good faith for the given.
in ST. Louis Col Babcock alleged to be guilty of a
high criminal Ofcnse. He asked for a hearing in the
same Court but was informed that he could not have II
because the evidence was cosei Those circumstances
led him to demand Court of Inquiry the only means
formally indicted, and he is certain Of getting that
iuli and fair trlal before an impartial jury
its citizens. The supposed necessity for convening
military court for the determination OF his guilt or inno-
no longer exists. 1t is believed that action
ami,itary tribunal cannot oust the Jurisdiction of the
court while the indictment spending Tie President
not the intention Then the trial at ST Louis and this
inquiry must g. on at The same 9c unless we await the
nabe The accused must be present at the trial OF the
his back or shall we ve% him with two trials az once"
The Injustice OF this is manifest. presume from the
consisting of records papers and oral testimony. IAN
we compel the production of these while they wanted
for the purp ses Of the trial at St Louis Certainly not
Ii the military be, the Constitution declares subOrdi
nate TO the civil authorities shall proceed without
evidence and give an opinion III ignorance Of the facts
That cannot be the wish of anybody.
take ii for granted that the trial at st. Louis will be
fair well as legal ana that the Judgment will he
cOrdng TO the very truth and justice of the It
will. without question, be binding and conclusive upon
all The world If he should be convicted no decision Of
could rescue him out of the hands OF the law II lie
Is acquitted, our belief III his innocence will be Of
sequence. II anticipate the trial in the civil court,
our Judgment, whether for the accused or against him,
Will have and ought to have no effect upon the jurors Ii
cannot even be made known to ten and attempt TO
influence them by it would justly be egardd an OBJ
srucuOn or public Justice ON the other hand, hs con
VctOn there would be conclusive evidence OF his guilt,
and his acquittal Will relieve him from the necessity Of
showing any thing but the record.
do not propose TO postpone indefinitely, but simply
utl 10 uy ti .le eNIdehce upon Ihe SUI
Ject OF our inquiry shl receive ta dennite ana con-
elusive shape which will be impressed upon it by
dict of the Jury, until action, having been referred
TO the War Department WIN our opnOn tat our pro
ceediDgs should be stayed during the proceedings Of the
court OF law, shall have been confirmed In case of ac-
qutal by the civil court the functions of this Court will
not necessarily have terminated The accused may he
and yet be guilty Of some act which the military law
might punish 10y expulsion from the army In case Of
done nothing Inconsistent with the conduct of officer
and gentleman, as the Article OF War runs; but the great
fonn as he stands ndiced" and this can DC legally
answered only by jury Of his country.
The Judge-Advocate then said i'll substance that
the Court had been fully organized. He had re-
ceived a communication from Mr.. Babcock, which
he submitted 10 the Court. The communication was
READ, ana was 1Ounu 10 request inc COrt 10 adJOuTn
for the present. in order to admit of his appearing i'll
ST. Louis to answer there the charges made against
him by the st. Louis Grand Jury. In view of this
communication, the Judge-AdvOcate suggested that
the trial be postponed for the present, and that the
Court communicate to President Grant the state of
the case, with view that the Court might adjourn
to meet again at the call of the President
The courtroom was then cleared of spectators for
consultation. On the reOpening of the doors it was
announced that the Court would adjourn from day
10 day until its action had been communicated to
the War Department, and an adjournment was im-
mediately announced until noon tomorrow. Judge
Advocate Gardner endeavored to impress upon the
representatives of the press that the remarks OF
Gen. Hancock not the result of any debera-
ton of the Court However this may be, it is well
known that Lieut.-Gen. Sheridan expressed similar
views before the cOnveniRg of the Court, and held
that it would be much better for Col. BabcOck and
all concerned for the Court await the result of the
examination before the civil courts.