The New York herald., 1878-09-28
Fitz John Portsr's case.

prived of the right to hold Office of trust or
profit under the United States, Fitz John
Porter has striven for sixteen years to have
his cause reheard. Remarkable military
trials have been heard before this trials
which, because of the hollow mockery of
justice displayed in them and their tragical
conclusions, have become historical, such
as the trials of Admiral Byng and the Duo
d'Enghien. Trials have been held which
are noted because their sentences have been
reversed by governments after lapses OF
longer periods than sixteen years. But
never till now, we are safe to say, has the
scene been witnessed where, after the din Of
battle has ceased and days of calm investi-
cation have come, general that
he was convicted on erroneous testimony
has produced as witnesses his late enemies
in arms to prove that his knowledge OF facts
was accurate and that his actions in the
premises had the result upon their own
plans which he had intended
General Porter has now presented the evil
dence to sustain his assertions made in his
own defence. hetestimony thus far both
after discovered and cumulative-has all
been in Porter's favor, even that of one of the
four principal witnesses for the prosecution
on the original trial, and points to decision
in his favor. Thus far Porter has had the
attention Of the board and Of the public
to his side. His witnesses, actors on the
field, have all been men of ability, Of
prominence in their profession, generally
skilled in military science, and all testified
to what they saw and knew to facts bear
ing directly on the point at issue, and the
i'm preston made upon the minds of pro-
fessional men is that Porter has made out
his case clear and plain and without
blemish
But the case for the government is now
about to open, the main evidence is about
nalists ask and direct special attention to
the case. On the original trial there were
for the prosecution four witnesses Of high
rank and prominence in the army. Each
one was prominent manager or actor in
the operations Of that campaign = General
Pope's campaign in Northern Virginia.
Each witness professed to know the plan of
the campaign, the orders issued to carry
out that plan and the circumstances in ex-
istence at the time the orders were given
and when they should have been executed.
The prosecution was based on their pre-
sumed knowledge, and the verdict was de-
clared on their evidence.
One Of these witnesses has already testi-
fed anew. His testimony has not in the
slightest shaken that presented by Porter,
and OH vital point in the prosecution he
has acknowledged he was in error A Sec
ond witness, the prosecutor on the record,
is not living, and there are rumors of evil
dence in existence that he was convinced of
his errors, and but few days before his
death, while still in good health, was con-
sidering the point of asking the President
General Grant, to reopen the case. The
other two witnesses are still officers of the
army holding high rank and command now as
at the time of the trial. One Of these, whom
Porter has always claimed was the actual
prosecutor, has expressed his unwlllingness
to appear and testify before the board, and
has declared that he knows no more now
than he did when he first testified. Thus
| he implies that he stands on his first evil
dence and has nothing to add to sustain it
and knows nothing TO induce him to correct
| it. OF the fourth witness intention, so far
as we are aware, nothing is known, and it is
generally understood that witness willing
ness to be called or not called VIII be re-
spected by the board.
General Porter's case is a national one I;
the whole country is interested in it. 1t is
not merely personal to him. The honor of
the government is involved, not the honor
merely of these officers. The honor Of
the government and the country de-
mands that the truth shall be ascer-
tanned that it shall be known whether
| it is lust to maintain the sentence imposed
by the Court, or whether the government
has been maintaining unjustly this burden
upon q man who is innocent, as he and his
friends insist There is no half way course
in this investigation. The country de-
mands q rigid investigation. II the SEN
tence is just, let it be established beyond a
doubt. If unjust we wish to know it, and
we wish the government relieved from the
suspicion of knowingly maintaining an in
Justice. The honor of the Countrywide
honor Of the army-cannot bear il, and no
tender regard for the honor of a few indi-
vidual officers should permit the matter to
go by default.
PERSONAL INTELLIGE ENCE.