The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-03-10

Speaker laid before the House of Repre-
sentatives to-day, large number OF pa
pers received from the Acting Secretary
oe War, in response to House resolu-
tion of the Sd inst, calling for copies of
all instructions, orders, letters, kilograms
or other Official records in the War De-
partment relating to the Babcock Court
of Inquiry, and all letters and kilograms
relating to General Babcoek's request
TO the Secretary of War to
hold Court OF Inquiry, &c,
and inallyits dissolution in consequence
of the indictment of Babcock by the st.
Louis grand jury. They are all merely
formal, and have been in substance
already published, except the following:
A Letter From the Judge Advocate.
On the 18th of December Major Asa
Baird Gardner, Judge Advocate, wrote
from Chicago to the Adjutant General of
the Army:
SIs-I have the honor to report that
the court of inquiry convened here by
special order 246 and adjuorned to-day to
meet at the call of the President of the
court. l deem it my duty to invite the
attention of the proper authority to the
following state of facts in reference to
the case for the government which l was
called upon to present. Immediately
upon receiving the telegraphic notice OF
my detail, hastened here IN advance Of
the assembling of court, so as to be pre-
pared to proceed without delay. Had
the court been on its assembling duly
sworn, l should nevertheless have been
unable to proceed, in consequence of the
failure of Hon. d. 2. Dyer, United States
attorney for the eastern district of
Missouri to obey the positive
instructions of the Hon. Attorney
General of the United States. These
telegraphic Instructions were sent to him
On December 9th inst, and specifically
directed that should be furnished with
any documentary evidence bearing on
the case, and names and residence OF any
witnesses whose testimony you (he)
Judged important to make the Investiga-
tion thorough.
The Judge advocate gives in detail the
object tor which the Court Of Inquiry
was convened, and proceeds:
On the Sth instant, as Mr.. Dyer had
not furnished me with any information
whatever, telegraphed to him. On the
9th, he replied with telegram offering
me copy OF the stenographic notes in the
trials OF Messrs. Mcdonald and Avery.
He has siLce sent me an abstract of the
Avery trial, consisting of Hendersons re-
marks in relation to Col. Babcock. AS
u lawyer Mr.. Dyer must have known
perfectly well his reply of the 9th was
no answer to my telegram,
neither did it comply with the Attorney
Generals directions. What l required
was list of the witnesses and descrip-
tion OF the documentary evidence on
which Mr.. Henderson had based his re-
marks, so that the Court OF Inquiry, when
organized, could examine for itself into
the matter. Up to this afternoon nothing
of the kind has been received from Col.
DYER. On the evening of Dec. 9th G. q.
Gordon, of the Inter. Ocean reported to
me substantially that his paper had just
received reliable telegraphic information
that Dyer had publicly stated that he
should furnish 40 list of witnesses or
documentary evidence, so far rs the
Avery ard Mcdonald cases were con-
cerned. Mr.. Henderson, remarks TO Col.
Babcock might have been based on what
he had heard or seen wholly outside
the court room. 1t will be noticed that
| did not ask information as TO what
the witness might have said or done in
the grand jury room be-
cause when Henderson made his
speech no bill of indictment had been
found against Babcock, and Henderson
was not the proper officer to go into the
grand Jury room or 10 subscribe such
bill. lie was the associate OF, and tenn
porarially subordinate to, the District At
torney, who by his presence and tacit ac-
quescence adopted Hendersons re-
marks AS the authorized state
ment of government official.
What the witness said TO him or deposed
in his atfidavits could not be used be.
fore the court of Inquiry in that shape.
What lreQuired was n list of such wit
nesses so they could be called on to
testify in open court. a description
of the documentary evidence on
which Henderson based his remarks
was also needed 50 that
in due course of law, subpoena duces
tecum should be issued to the p oper Gus
todian to produce them IN court. The
Court of Isquiry did not complete its or
ganization, but had it done so, | could
ot have presented the government case
in consequence of the absolute disregard
by Dyer of the positive instructions OF
his immediate official superior, the Hon.
ACKNOWLEDGEMENT.
Very Respectfully, &c,
ASA b. GARDNER,