New-York tribune., 1879-04-26

The entire surCi Of the defence new matter not
verted to by the prosecution. and impossible
hadt been necessary In the rst instance for the
cuOn 10 anticipate by IT'S evidence what character Of
proofs the defence would adducc tending 10 show the
manner In which the conduct OF The detained party
was disrraceful at Shiloh and Pckctts Mills, and
IN what he stood convicted before those who
heard him testify. and IN what sense he was pursuing
of upo.iure The Court Will notice the fact tna
the testimony OF the defence tending ~ show thcse
things varied that ordinary foresight coud not
anticipate y, from te naure % ne case; IRE bs
and the Of hs defence must hrst he
developed Dsore IL con " ME- ,h "y ne cS
quoted IN Grceneaf in his work on Evidence volume :
ss IeenTp rnie s briery az follows the usual c"use
ia 20 prove q libel and leave II TO the defence
os"rs ~ Hi. av,rencs r"nuiing The defence" Alter
hearing prosecution in reply to the matter SET
thereon and - the defence began has
been simply vain ask. ,lcniaied only TO further sg
thereto he injurious statements mpr. Ms and opi,
ions contained In the evidence 4i the de.ens, nosnr"
spread broadcast In the public prints OF tho ""uh
reply TO the new matter presented by the defence
therefore, the prosecution proposes Introduce evidence
showing that General Hazrn at shiloh commanded his
brigade from DAY light until IL meidiau thionshouMI M me
casualties occurred amounting to oneffth o the entire
trnTb OF ita nmmbrr and that this brigade was then
scattered many Of its members lost In thck WOOD ana
dcnse undergrow win, among wbom was its commanItr'
that he was absent until he joined II III the after
noon between and o'clock that Ms absence WIS
not Improper tbA ht re was no concc0lmcnt ahout ~
that be at once reported and explained 1t himself 10
both General Nelson and General Buell. after Wbcl
they commended him In high and natterns inns III ls
battle; that at stone RIVER MS hrlsadr aiii @
commandcd by bimse' :id dght aud hold from 10 IN
until 1 o. the grOuud where the monument slLhds
other general officer did personally command that por.
ton c. Ae COMMAND tor any o The period oi the Ef,a
suits IT. STANDS ISc OVS War af tie re6elhon
tb1t AZ Nilsson Ridge every word IN the
Losing letter VIII De SUBJ, s,."ii"'l met tYhi h.- con-
iar.e norton Of C,neral Shcridau'- tIoor- al
ready half way up. and that the guns w"I" legitimate
chp,uTespnt Wii',Tti 80 Nflcr iTrc, o. inGrr,y
frnt At II, kctts Mills iidz was with the front me
n ANA e.aptinia m manner un;i this bii4aG frn ie
that tDc series Of letters Writ'h 10 ana ~ ,'
General Garfield Will show clearly ma H'n,r' ''dI,
did not volunteer 90 testiy about po'iiid"' fSA. iu
upon cntir,y different iDl.rt 'aad nI , r,l'
20 stated before bang tOia ana was asshF'n p'' ~ ~
supposed, competent HuiM%r1y I""t ms con@rr n@,'
was not to be made T"'gI w,. IN nnty iy pTd@r
that Of tHc Fort Rice dlGcuty, ""nrrrl siA'ty, o'
.,nu vhcl tul. know ledge Of IL" 'ac;- would not I'D
anv manner support thdt hy voluntary atf,'i 'i,L
maze with G.ucf4. Hhz u ~ he iHAr 1lI tr4i, 1'
oJ com d d., "A letter written AZ fOtt -uly IN March
I--3 General Stanley agreed t. cease a. '-l'.inE al"
crlici-ing General Hszcn, winch agreement De az
been engaged Il E"."''H- ',', ny ''' hy ,on-.ar
SHOWN cJLciu-.y".y tAu NrnyTa1 S-.l'!, ny ."I ~
stories hr -aId tout later that be ony be-
lieye- them 20 be trucj and 81 common rtI"i ,
cong i',S n,nas taa; the ocLjIoA ought to bc
aud rlsh d',.u'iTr ,, -, i1,urc in.t -t',d u l,-
,,",I i'm an. C,-. II tr defence. The Gctermiu"trl
-, r,i,I, ~ ,ro.- of hcurf o the truth ~ the I'M
u,iatora set up III ,ticaon ~ tnis case" II qtr'-
non of tact, u The rItthutnt az ""ICA 'hr P"Iu'
n,rnn 49, vii A. the parties denying te existence -
I'm. same ou.ht tO be heard, ana - ~, 4I'N
- tbis so slnce the court mas uuuc'taA'u
., enter ,rto an investigation AT all
II na- r~rn iusi.cd that the p'.,on INJURED by ~.
Libel NAV rcdlos5 tgouEL court o. .n'u.41 "'''
mode ha- ne OBTAIN redress after lie udhd-.n- -
uorv presented to tins court aud pub~Ac" 10 tAc r,.
iuy word Could court "l inquiry l'"'rN ,'""'
Dos tus court want iis proceedings reviewed OV
rfirr q
TIE utter ausufdiiy OF ihr caIihh oI th' u~r''. ~ NV,
While in the nrst instance tcourt ot inquiry Ih'-H,
hive bee prouer lad General Stanley c"li1'l ~
charges offrld channels before MS uD! ''is ' q"
10 the world the calls Tor th" o d. duo,
branch o the machinery Of tAe administration o' ''h'
dlal justice IN the Army
Caycr,l Mcmahon replied 20 the argument OF the
JudgeAdvocate, denying that there was any sn''- VI
tho rart Of the defence The prosecution he said hnr"
eu me si,rt what the line OF the defence vas General
Stanley relied simply upon the fact thar b. had good
reason for believing the statements concernE "rh'tA
U,zen 10 be true II General azen was :" anxious l'7
vlndcation, why DID he not stand Ills tla t"o years
ago on the charges preferred acainst him by General
S'apev instead OF remaining abroac uht4 the
Of limitation precluded trialt
THE DECISION.
Tho decision ~ the Court was "a foIloWs'
"F,r,hc ,u~pose ~ correcting statements of Incl
donts ar facts IN testimony presented ty the ac'u
couVetcnt testimony which might have oteh ac'e7e'"e
., accused mny be introduced. provided II Is conhned
strictly 10 tlo matters alleged IN the Spccitcalios
General McNanon -aid that he was unable 10 5Iee"Vet
the scope decson. General hhIcocA r IN h
t,y would proceed With the testimony ana 'ha' 'He
scope would pe Gcyti'itd
FXAHINArIOS CONTINUED.
The Judge. advocate to the Wituess-I VII! ASK you
where YOU ,aa Genera HazcS-
General Mcll ,bon ob"cied.
The Judge Advoca,e-Wc simply want TO sho" wAere
General Hgzcl was az that battle.
General Nom Mahor--'hrn | VII announce that We
will have otLer Titn~s.,s the prosecution reopens
Tho Witucs,-I saw General Hazen at the battle Of
Shiloh.
O-I will ass YOU state in narrative form what
pari within your knowledge, General Hazrn took in
'Aj AG,r,ral vc'fahon again o, trc'od
General Hancuck-ihe narrative VIII not 't the
occasion Ile testimony must be cor hnrd TO iactS ana
Q.-Was General Hazen in command OF the Nineteenth
Br' cade on tnat dayt A-Hew was.
Q-I will ask vou % state what YOU know of IN" par
t,cipaou of that brigade under General HaLehs COM
/ mand IN that battlei
| General Mem ,hJn objected
The cJudge-Advocate-in what form would you prefer
us 70 ask the qnc~'ou =. ...
General McNl.AonI would prefer that you would not
the judge 1dvocate-I want 20 show what part the
command under General HIzen took IN that battle.
genera Hacock-Coufiue The tstiI1 nv exclusively
10 the incident. developed ny the tesrilon'. ,,..
er,I lzcn AThe 9th Indiana aud 6th krniuchy were
iront preceded by t9s sArn,sh nm m ,n. hue % & T.
a the morning. riding about and directing the froni
line its forward movement whlch connitnccu oeiore
II was N.bt. Occa.lOnaly he would ride back 20 the
roar lin, 10 see how that getting along. His posi-
Inu y1s much nearer the front than the rear We ad
youcrd perhaps thrceQuaTters Of nile or mile when
fir ng wa heard Oh the sk rnlsh line.
q How long the briRad" severely engaged with
ths en.n,vt Al should that the frOnt linr was
engaged heavily from one TO two hours before The re-
serve ~ which was pant. came under fre Then the
1l.f ONO formed INTO line aud immediately engaged
itself which ABOUT 10 O'Clock, Oi that time AIN
Po1Was General Hazen will the brigade at that tImel
A-fir st that time
"a IN what postIoni A-rhe front line was heavily
enared He front Of the y ono, occasionally
d,u. ack Of the most Of the time IN front. Finally
10 yg.rr separated by batteries which engaged the
eu.,ny | tx the date when the 4lst advanced by
H. keuf AT lie