The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-19
THE COURT-MARTIAL.
The Defense Enlightenment of thu
Accused-Tbe Case Goes to
IudRment


The court martial not adjourning from Its
sesaion of Friday until $3.50 q. m. Ba urday
morning the DEMOCRAT was unable TO procure
the full data for publication yesterday. Follow.
ing the evidence of Capt. Fagot. the only wit
ness for the Defense came the following argu-
ment. finely delivered for the accused by his
counsel Can't Gabriel Fernando, First In
fantry;
May 1t please the court
Charges of the highest gravity under the mil
itary laws have been brought against me. and !
have been arragned aud tried upon them. Ii
Is at last my privilege to speak In my own de.
Tense. a privilege 20 dear T., every man: but
which was denied me. through this long trial
under the strict rules governing courts martial.
Tshall do SC, with the simp cy and b rev be-
aoundlng and we'll marshaled words and SEN
fences find more attentive ears before de-
batting club or literary society, than before this
Liberty having once more smiled over Lou;
isiana. she calls her true sons INTO General
Assembly new laws are made, old laws are re-
vised, aud not the least the militia laws. Under
a new and promising aspect OF things our
has always characterized the chivarous South,
hasten to organize. milita companies. and l9i
a. 4 from t9Hfh Of ritan,as Wand Ws
OF New Orleans. aud il ready for the combat.
/. with the rest, hailed the day Of deliverance
things. but little did think, when the militia
was hardly organized. that the fret fruit OF the
laws governing 1t would be punishment instead
Sirs. under those laws you have been ordered
by the commander-in chief to sit In Judgment
over this cause recognzta, MS aath 9 TO ap
members Of this honorable assembly excepting
two, the right to sit as Judges on this occasion;
is put In question. Section Al act OF General
Assembly Of Louisiana. approved March 30
mission. shall be- Bound to serve for the period
prescribed by this act. unless he becomes dis
qualified by law or resigns
That section must be construed with and In
terpreted by section Is Of the same act, which
says: THAT every officer commissioned under
this act shall within days a II b MS comms
subscribe the oath prescribed IN the constitu-
ton Of the State; said oath OF Office shall /, be
among the records Of his ofnce. In case Of the
refusal or neglect Of any officer to TAKE, the
h wa a ha 1f %s sad and
new appointment shall DO made TO III ms
place" ,,
acant.. 1t means to Judge, to consider there
fore. Ii you have mo- complied with the require
mens Of that seetion eand yo IN haye not r.
era produced in evid nee In this case! you are
not officers OF the stat. militia and. conse-
uuenty cannot sit AZ judges OF q court martiHl
Tho argument which might be made that you
are officers of the state militia until a new APP
pointment shall be made to fill, your place"
or that your commission must last. subject to
the pleasure OF the Governor or comm inder-
in-chief, cannot hold; because. under the litter
sprd 81 has no he
must take law rs 1t Is and execute II and
boldly affirm and maintain the, proposition as
you fall to comply with the requirements Of that
section, the law deems. considers and judges
you to have declined your office and 1t Is "a.
cant. We're you therefore to qualify; at this
hour, a new commission must be issued to you.
Section 81 Of act No. u of 1870, extra session;
Ia to the same effect the officer being required
to file his oath of Office within month. In
Perhaps The learned representative Of the
prosecution will say that HI ing pleaded to the
charges made against me, am debarred from
pleading to the jurisdiction Of this honorable
in iinjne Tits. The answer II that the exception
is neither dlatory nor dec natory in its nature
II is peremptory; II not only calls In question
not a court, and the averment fs accompanied
with proof. Any act therefore. done by you az
a court is fragrant usurpation of power, and
II In active service You were TO find me guilty Of
the charges brought against me, and We're
sentenced to and suffered death. you would be
guilty of the crime of murder, and as such
amenable to the jurisdiction of the civil and
criminal tribunals Of the country. | now leave
To The charges aud specif cations of the State
against me. pl~ad not guilty. l. Because
am not an officer of the State militia. 2. Be-
that was an officer Of the State militia. the
evidence shows that / resigned; that before
and after resigniag haze used my best Ten en-
pany from the Orleans Battalion of Artillery.
}. Because my acts Ia the promises were au hor-
lied by the Chief Executive and Commander
in Chief.
First-It is needless for me to argue the ques,
ton that was not an officer In tn" service OF
the State the same argument which was made
against the competency of this court and the
same law then quoted. are equally applicable to
me.
Second-The fact that my resignation was
given. is undisputed. The prosecution will
probably urge hat 1t was not accepted And
why was 1t not a"cepted2 Because, forsooth, in
the language Of Gen Patton he was redue ted
by Col. Vinet not to pass upon 1t. as charges
were made against me-.
Astonishing to say Gsn. Patton listens to
such request, without indui'ing into the
nature OF the charges, before they are made.
and by his diatnry AMI com plac mt course rem
ders himself guilty OF derelction of duty.