The New York herald., 1878-03-03
THE SHEPPARD COURT MARTIAL
EVIDENCE IN BEHALF OF THE ACCusED-THs
CoNDI ION OF REAL ESTATE IN NEW

coNDI ION OF REAL ESTATE IN NEW
YoRK-ruRrHER TESTIMONY FOR THE
PROSECUTION.
The court martial Of Colonel Oliver L. Sheppard
continued yesterday IN the Army Building on Hous-
ton street. The defence set up by the Cooners
sol is that he invested tho Iuud alluded 10. together
with his own, In real estate and that owing TO the
almost unparalleled shr:hksge in that species Of
properly he found Il utterly impossible 10 rea
even o small amount upon Il without involving a
ruinous sacrifice.
AS there witnesses In attendance for the
army when the Court convened the defence called
Homer Morgan to the stand. He testified that, as u
broker, he had been largely connected with real
estate Transactions this city since s42 that he has
known the accused for q number OF years, and has
had number OF business transactions with MIN;
three years ago the accused applied 10 him in
gard 10 the sale and rental OF ms property; tho
accused owned u piece Of property on Hist
street, which embraced nearly whole block; con-
corning this properly the witness was advised by
the accused 10 DO very energetic III endeavor-
ing TO effect . ssle; thero was also large prop
ery 157th street, and another piece OF property at
No. 220 East Fiity.second street; the witness con-
sdsred that the aggregate value Of these three pieces
property previous TO 1858 sSs Ooo but putting
Il NJ the pinimu pr,ce he would say that II
cused had explained 70 the witness the necessity Of
raising between So 00 and s. 000 The witness did all
could but ia,Isd raise the money; tho accused
he said had spoken TO him twenty times on the sch
ject Of procuriug the above amount for which he
Colonel Shcphardl wiling to pay unusually
liberal com SONS; witness honestly believed that
Ino properly IN Fn'y-secold street was worth now
What 10 the state OF The real market at the
present time, and what has been It's condition during
the past SIX non,hsy A. During the past year, and
particularly during the last SIX months Il has been
depressed than Il has been ~ forty years; moro
depressed than II has been since 1881.
AccUsED's ANXIETY TO PAY TnE DEBr.
The witness tncn d~taicd the substance OF various
con We had between himself anu the accused,
III which the latter expressed the utmost desire 10
effect sale OF suy all Of his properly IN order TO
Alter recess Captain r. L. Gucuter was called as a
for tho prosecution lie testified that ne Is
Captain OF Battery H. FIitn artillery 1868 and 1864
Was familiar with tue raising oi u subscription ~
furnish monuments tor the oihoers aud soidicrs who
lel VI tho tic oi Stone River, Or WAC nigut have
died 0f wounds received IN that engagement; there
was a1 eilort made subsequently 10 appoint board
board pever reported TO his knowledge; the accused
treasurer OF the fuud, aud 10 that Ca
p city became custodian OF the amounts sub
scrbcd by the various oommsuds; later tho witness
OF u commiuoe of three appointed IN the ail
o 1875 receive this fund from the uccused aud this
cOmiuttcc mxuc demand On The accused Tor tho
moneys his possession, uut .aed TO receive thchI
wuen tre demand was made Colonel Sncphard wrote
TO the committee Informing hem that the money was
securely inv.sted and would he reaay for them In
short time; when the money WAS nrs turned over 10
Inc accused there stipulation as 10 how was
TO be invested; the had knowledge OF any
steps having taken ~ civil court 10 recover the
money.
the udgc Advocate having here aunou that the
pro would counsel for the nccused asked
inc Court 10 strike ali that part o the evdence OF
tho prosecution relating 10 any acts ol the accused
previous 10 0ciobcr, ls1d, as INC charges and spcc-
cations DO not cmbrucr any offence alleged TO have
been prior to that date. he also asked the
Court % strike out ali The eydcbcc relating 10
the accused prior 10 February IL. 1876, II being
years before the court martial WAS ordered,
and according 10 tho ARTICLES Of war the statute OF
limitations Is confued 10 Two years. beyond which
time officer he held responsible on \ charge
similar 10 taat now made Counsel iurther moved 10
TX. out all evidence intended To provo over again
tue Iacts that admitted by the accused nj the
com M encenent o. the trial.
rho Court having dsibersted In secret session for
shorl time nsaiIy denied essh and oil OF The notions
alter whIch IT adJournsd untii to-morrow forenoon