The New York herald., 1878-02-28
COLONEL SHEPHERDS TRIAL.
SECOND DAYS PROCEEDINGS IN THE Qounr MAR

SECOND DAYS PROCEEDINGS IN THE COURT MAR
TIAL-EvIDENcE FOR THE PROSECUTION.
The court IN the case OF Colonel Oliver L.
Shepherd was resumed yesterday morning in the
army building corner OF Houston and Greene streets
The trial was held In an upper room on the fourth
floor, IN which The smell Of escaping coal gas was
plainly noticeable. Either from this cause, or from
the exceeding duiuess of the testimony, the proceed
ings were OF very sssoy character AT long
table, on one side Of the room, dressed in full uni-
form, wore the following officers, who copsti-
tutod tho court;-Colonel William +. Barry,
Second arulery; Colonel II. j. Hunt, Fifth
artillery; Colonel NJ. d. l.. Simpson, Subsistence De-
parImsnt; Lieutenant Colonel r. b. Ayres, Third
artillery; Lieutenant Colonel L. s. Otis, Twenty
second infautry; Lieutenant Colonel Ii. M. Black,
Eigsteenth Infantry; Lieutenant CooneC. McKeever.
Adjutant Generals Department; Lieutenant Colonel
J. II. BrannaD, First srtilery; Major A. De Russy,
THIRD artillery; Major g. T. Andrews Filth artiiiery;
Major j. Hamilton, First ar,lery; MAJOR Z. l.. BosI.
First artillery, nd MAJOR William H. Brown, EIgn-
teenh infantry. Major g. N. Lleber, Advocate United
states Armv. acted AS Judge Advocate. The accused
sat al parAte table with his counsel, Elihu Root
The hrst witness called Phiiip W. Crater, assist
ant cashier Of tho National Newark Banking CON-
psny, where ho had acIod teller Tor twenty three
years. he said that Colonel shepherd Ia 1864 had
placed IN his hands 81 00O to be Invested IN govern
were sold "a May. is1I si.er their purcnaso a loan
was made by The bank TO Colonel Shepherd and the
bonds were Used as collatera there were three pay
ments nude OF accrued interest," amounting 10 S962 ~
when the bonds sold Tue amount feccived just
covered The loan, leaving balance 0 only nineteen
cents IN i9vor ot the Colonel which bad not been
justed whsn the Colonel gave the money 10 witness
to purchase the bonds stated II was for monu-
ment lund; SlOO came out OF the ColonePs pocket
LAWYERS TESTIMONY.
Samuel Il Honey, lawyer ot Newport, r. l., was
next called. he mad been IN military service IRON
1880 10 lS70 from March, 1863 10 February ls64, he
was attached 70 Inc regular brigade army OF the Cum
bertrand; part Of that time the accused was IN
mand; ho recoilecIed that subscri iption had been
rasscd Tor u monument Ia memory vi those who tell
~ Stonc RIVER alter leaving the army witness had had
several conversations with the accused in regard 10
the monument; several demands had been made
the Colonel for the money; time he told witness
" was invested In real estate which no was endenvor
ins 10 realize IRON, ana that he would pay the lst
o. March, 1871; at another timo he dcmurrcd ON tho
ground hat The officers who signed the original circular
calling Tor The subscription were the only proper per-
sons 10 wn0m he should pay Tho money the demand Of
the trustees WIS made III regular form cross exAn
nation Mr. Root closely questioned witness us to tho
accuracy OF his recollection oil the words used In the
different conversations with Colonel Shepherd; wit
replied that he had given the precise words
nearly all ol tho rs conversaton and partially oil tho
others Colonel Barry said tnat the rules OF court
martial were slrict as those Of court OF law
aud that counsel should refrain from this line o
tionnG Tho Court then adjourned until TINS
morning al eleven O'Clock.