Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1878-06-29
FITZ JOHN PORTER
Before a Court or Inquiry, Ordered by
Mr.. Hayes to Investigate Pope's
Charges OF DisObedience OF Or
ders and MisbehaTiOr Be-
fore the Enemy.
After Sixteen Years, and After Innu-
merable Efforts, the Gallant Soldier
Secures neutrality-suspicious. OF
Eminent Lawyers-POpe's
Position.
special to the New York World.

opcSidi W inc view tOfk NOfiul
WEST PoINT, June 24.-The rehearing of
General Porter case will be begun tomorrow
| morning before the court which has been con-
vened by order of the President, consisting of
Generals Schofeld, Terry and Getty, with
Major Gardner as Judge advocate. General
Porter arrived here this afternoon IN company
with his counsel, Messrs. John G. Bullett, of
Philadelphia; Joseph II. Choate and Arson
Maltby, OF New York. General Ferry came
to- day, and with General Getty is at Coz
zens's. Generals L. W. Sherman and John
G. Robinson are almost the only other army
people at the Point. No witnesses in the
case have yet arrived. Since the original
trial in November, 1852, three months after
the second battle of Bull Run, on which the
case turns, General Porter has made every
effort to obtain rehearing of the case, with
view to the reversal of the severe
and continuing sentence passed upon
him. At the time of the trial pub
nc feeling was much excited over
the defeat of the Union arms in Virginia,
and the commander to whom the authorities
IN Washington had intrusted the army was
Obliged to account for his unexpected disas-
ters. There was chance to make case
against Porter sufficient to shift the Onas pro-
bdndi upon him, and General Pope was not
the man to neglect SO favorable an opportu-
nity of saving himself. He made his charges
of 'disobedienoe of orders and misbehayior
before the enemy" against Porter. A court
martial was called, tried him and brought in
a verdict of guilty. Two members of this
court were illegally appointed, being parties
to the military operations which were the SUBJ
ject Of inquiry, and one member was a wit
ness on a specific point against the accused,
though continuing IN his seat as Judge OF
the case. The verdict was a surprise to Gen
eral Porter, and he Immediately took steps to
have it revised. 1t Is a matter of record that
man. who had approved the sentence
On the recommendation of the Judge advo-
cate without examining the record, aitarward
declared that he was not satisfied with its
Justice and meant to order a review of it. 1t
IS also matter of record that some OF the
most esteemed officers of the army and a
number of the highest legal authorities, who
nave examined the case without any profess
,ional interest beyond the question Of Justice,
have expressed the opinion that the evidence
not only does not convict Porter, but acQuits
him fully, and shows that he acted with skill
and Judgment on that fatal twenty min day
OF August. To this is to be added the new
testimony which, Porter claims, confirms his
defense. As purely military question, if it
we're such alone, General Porter is fortunate
IN the weight OF authorities he CLAIMS. The
| favorable Endorsement of his side of the case
| by such soldier as the late General George
| II. Thomas will impress impartial minds. Be-
| sides this, the evidence has been examined by
| men in whose Judgment the public have
| faith, and their opinions are in the same di-
| rection. The late Judge b. r Curtis wrote
81 think General Porter was Improperly
convicted on the evidence before the court
| which tried HIM; and he is at liberty to use
| this opinion when and where he chooses.
Prompted only by my love of justice,
desire to state: First, that / have at no
time had any personal or other relations with
| that gentleman. Second, that
was in Washington during his trial; and
from interest IN the subject, l read from day
| to day and carefully considered, as private
citizen. the evidence given to the tribunal
and formed at the time clear opinion that
nus conviction was not warranted by the evil
depce Third, the evidence then not accessi-
pie, but since developed, has converted what
was then an opinion into clear and strong
conviction; and for the sake of that justice
which is the only safe foundation of all human
AffaIrs, | hope the President will use what
ever power he has 10 Cause the case to be re-
examined"
Among other well known lawyers Mr..
Daniel Lord and Judge Shipman are equally
emphatic, and Mr.. Charles O'Conor, In an
able review of the trial, and leaving out OF
consideration all the new evidence, arrives at
the sams conclusion. These opinions and
| favorable Endorsements have been printed
and widely circulated by General Porter Tor
several years past. In his repeated appeals
| for this rehearing he has frankly stated what
| ne claims he can prove. 1t is understood
l hat he asserts that there is no political sig
| nificance in his demand for justice. His
| counsel were selected by him without refer
ence to their party affiliations or opinions,
| Mr. Bullet being a Democrat, and MIR.
Choate and Mr.. Maithy Republicans. There
| is no doubt the case will &c ably presented,
1 and that there will be full and exhaustive
examination Of the testimony. 1t is rumored
| here that General Pope will not put in an ap.
1 pearance, which would diVest the case OF
/ some of its dramatic interest In the light
| of his report Of the operations of the cam-
| palgn, and the new testimony which Porter
will doubtless offer, General Pope's examlna
ton would be decidedly interesting. The
freely expressed Judgment of so many OF hi
fellow soldiers as TO his yeraclty might re-
ceive some striking Illustrations. The case
however cannot fail to show many noticeable
features, and will be attentively foiloEed by
j all VINO know or care about the history OF thu
civil war West Point, usually so quiet attel
the excitements and festivities incident tt
4 tie annual examinations and graduation
< :be Fist class. is now stirred by genuine
I sensation. -
IF officers TO INQUIRE into the caSe Of Mayor
| General Fitz John Porter convened yesterday
The utmost publicity is to be giTen TO the pro
| ceedings. Mr.. Maltby, OF counseI 'of ~
| John Porter, commenced his statement IN De
/ haif of his client this afternoon. be trace
| the march of General Porter from Harrison
Landing, on the Potomac, to Warrentol
| Junction, where, after two weeks lncessan
! marching and labor, General Porter's corp
Joined General Pope's command on Angus
"a, 1S62-the addition of Porter's to Pope
| command being on Porter's own motion. d
a 4 L. 49,
| strengthen the point that Porter g exhaustlv
command better carried out the spirit @
Pope's order of that night by marching a
three o'clock in the morning than had the
marched at one o'clock; that the charge c
dIsobedIence of this order was only make
weight" to the more serious charges as
later conduct; that other generals he
tailed to carry out the lette
of similar orders issued that nigh
without comment; that nc bad effect wa
claimed to have followed this alleged disobe
Gience; that the Joint order to Porter an
| "a 'Dowell was executed fully and completely
and that his halt was made necessary by IN
spir1t of the JOINT order, and by - Dowell
taking King away and leaving Porter wit
! niae thousand men to hold in check and pre-
vent the throwing on Pope of twenty thog
| saud men under LoDgstreet; that Pope dl
! not know OF LSDgstreets presence; that Fol
\ tor did. and prodeees additional testimon
| shovlng that knowledge, and that Porter dl
not know any battle, save an artillery due
was in progress till about dark, and that ne
evidence of this would be introduced; thi
the orders of Porter, which vs.e not avaiii
BILE for evidence at the former t1al, and wei
read for the first time, showed his undel
standing from the conversation with N Dow
ell, and other sources, that no battle was
take place that day, and that any indicatio
of retreat by Pope's main army vas to
followed by Porter's retreat, and that In
was to be formed behind Bull Run, there
give battle; that no order or report was cent
d. N till late that day by Pope showing de@l
for him to attack or give other aid ths
that a. forded by the holding of the enemy
Il 4 hot of m POnp