The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-15
THE GENERAL COURT-MARTIAL,
Closing Of the Pro- ecutiOn In Case OF
Alexander Lesseps-~ummary by
The .Junxe AdyOcate

The general court-martial met last evening at
1880 o'clock, proceeding In the trial of Capt
Alexander Lesseps Orleans Artillery. All the
members were resent except Major LIE Gar
deur. Louisiana Field Artillery. who was ex-
Gus ed at previous meeting upon motion Of the
Judge Advocate, as he had not heard the evil
dence. No witnesses were called. as the prose-
cution was about closing. The reading of the
proceedings being dispensed with, the Judge
Advocate delivered the following summary and
peroratIon:
SUMMARY BY THE JUDGE ADVOCATE.
May it please the court:
Having submitted the evidence adduced on
behalf Of the State of Louisiana, I rest the
prosecution of this cause.
The facts brought forward show that mani
fest injury has been done to the service of this
OF military organization therein. Utter disre-
gard OF the law, contempt for the Just rulings Of
authority. and entire subvers ion of discipline
crimnality Of the accused.
duly mustered battery OF artillery was sum
moned n IN secret council and presided over by
Off 'ers of that battery rendered their sigma
lions. together with a ds"r'ierly paper signed
by this non commissioned officrr- aud privates
| If heir command. sur t.nderng their allegiance
to the State. Then. without having been re-
lie, ed from the ,uties and res ponsI bitles of
his office, bling still a commit 81 nd ottirer Of
the Loui iaua State National Guard exercising
authority as such AMI Understanding full we'll
that the members OF his Command were still en-
rolled la the Service of the State, Tho accused
again holds secret convocition of that battery
and therein bids the law d flance by organzi <
a military rommaLd fr' I'M nm NJ the mem erS
compris sing IT, and establishing himself the
| l. a t.r thereof.
| Wer that military command 30 organized,
! pr 1essei t, be Sta y militia, 1t would be- I'M
Lawful: as il il. c,sting off all restraint and de-
| flying authority. 1t is sedi,ious.
| Can there DO cIearer ma nifestation of the
| nj m fstt.. h,t,f IA
dvlduals surrendrring their obligations W.
fully nj RET rlng to civil life ny the due pfoc SIS
| prescribed: but the overt act of a body armed
aud organ zed by the aut hority Ut his State. re-
! voltlrg against that authority, Wirhd awning it
self as an armed and organized body from the
| service and. as such, lroca ming itself by
word and deed to be entirely without the pale OF
| the law.
1t liz unnecessary to inquire into the proceed
| tngs OF the several secret meetings which pr
ceded this acf and In which the seditious spirit
WAS ment"d. Their re- ut has been an open
| a. IA RAJ violation OF law. aud bespeaks their
| character itself.
In support VI my definition of iris act as mu-
tiny. l quote from O'Brien. American Military
| Law. page TO- Articles If War =, 8 and 9 r. fer
| TO mutlny and its kintlre offen-es This crime
Il th- most neihous known t, military law. 1t
| Is thei q ore tn. mo r necessary that 1t b. ex-
H.'ti, detih-d. Unfortunately, military authoii-
| ties d. not agree in tn ir "efiuitions. All dd-
| init ho,ceuer. that the crime is completed by q
| Gcttpe or passics to ii.cfal military authority"
In cnheonanc- wi Il The at,ss is h. charge.
section Al, act III General Assembly of Lou.
i-iana. ~ .r0ved March 80 1878. says: Eve y
Of1tcar who accepts a cominl-Sion sh II b4
hound 70 serve for the period prescribed by this