New-York tribune., 1879-04-22
ARGUMENT AND EVIDENCE.


General Sherman, cX-Secretary Belknap
Colonel b. Suman. Colonel John W. steele, Generals
Crittender Walt whitaker, of Kentucky, and Jacob
Ammen Colonel o. B. Greene. 4. r. Gardner and n L.
Anderson ana General f. Opdycke were present at the
Stanley court-martia yesterday. General McMahoh
counsel for General stanley objected 10 questions
offered by Judge-AdyOcate swami to be sent to Genera
Howard asking effect, bis opinion OF General Haz'hS
character and bravery The pOint at issue was an I'M
portant onc as 1t hung the question whether the
prosecution was TO allowed to Introduce testimony III
defence OF the character General Hazen. The counsel
had prepared elaborate arguments anu over an hou wa"
occupied n the debate General Mcmahon said tnat IL
was not pertinent for the prosecution to Introduce tes
mony e her establish the good character Of the pros
ecnor or TO contradict the acls brought ont IN regard to
the battle OF Shiloh The question at issue before the
court WAS not the truth Of the charges made by General
Stanley against General Hazen but whether the Former
had good and sufficient reason 10 believe the charges
which we're current as General Haz'n's conduct at
that time. General Hazrn had not been called az
W1tncss. ana had no standing In court Inc dc ehcr
would show that the charges against General HazGn
uttered In good talth and OF SOou alhoIIy ~ ~
had Teen inevitable H. certain instances for tue defence,
M It's testimony, % reflect on the character OF the prose
cutor, he must seek redr ss ~ othsr courts tan ,5
But rs General Hazu's character had not been dfcct
imp ached by the deence the prosecution naa no rsh'
introduce testimony not touched Oh Dy the ueltDt'
In a long reply Judge-AdyOcdte swain maintained
that A. matter of fact Genera HazeD aud not Gencrdl
Sanley vas on lia pthofJl S'ahoy h'u el,io W ~,
mated had further currency 10 thfee ulsuucl
he ls -
tions had been framed so tit the ttL o tno vnutgs
might learned. a. was the intention Of lnt prOsecu-
ton show that e charges were untrue ana NAT VIII
cannon care and diligence General stanley might have
discovered tnat theY untrue The ual was mover
one annals Of military courts-mhrtla but Wod
probably followed by similar ones. The prosecution
Intended 10 that General Stanley had prosecuted
General HaZcn with malice aud ll-WlL
General Mcmahon replied that this not trial for
libel The Constitution said that no mau should be tred
should the accused man OF the charges preferred
against him he could be again tried Ia tue cl'l courts
IT.. A
hbr. The defendant had had two opportunities for
the yudicatlon which he seemed determined now 10 Sc
cule while GrnrTaI Iuley on trial Hemlght nave
SPP' r I, 1,tgt nave rccritri a colrt-ndrtlu wnen
General stanley presented his charges against nm 10
President Hayes.
ANoIHEE WITNESS FROM HAzEN's BRIGADE.
Tho cout. decided to admit the questions. General
WHITAKER testified that at the battle Of Snloh he was
colonel OF the 6tn Kentucky Infantry IN General lla-
zcu's brigade lie described the movements Of his com
uiud during the forenoon Of Monday IN" first order
10 dyauce received from General Hazen early IN
tnc IN rnIng Later IN inc forenoon ueuelal Nc'So''
issued the orders ana the fighting was severe In an
swCr 10 nhe question whether Ms J, ,Bmtn' hau pf,n
broken by the nre General VINTAGE sdld some" ~,
proudly NO. IL never was broken" The witness did
NOT General Iiazeu vita ms brigade except MIeh ne
and D. IN. General Nelson asked hm whore General
Hdzed WAS Tuc witness replied that lie was ARA nc
had been kleG s1d Genera Nrlsou' ~ RIFrF2V 10
any Oue who VIII mud MS body ana men were sent 10
search for IL. The next morning Inc W!lHess sd" zen
cral lazu, VINO tod him he had been at the river the
day before.
LETTER FROM Mr.. LOSING.
Benson j. LOSING, OF Dover y. Y. then testified as
To hoa he got his materials for his History Of the Civil
war; He correspouded and talked with the parucipa-
tors in the battles ana visited a except OF tile ba
uC-cids. Much oi s Information about the conduct OF
General Hazeu's brigade az Nilsson III ge had been
obtained from General Thomas, who SAID the brigade
hSirry Le soncited Letter from General HIzrn who
was then Onana, ana received one which he read To
biography and an account Of military life in detail
SAID tuat SnOh hr lost thriyrIhJ per cent OF MS
command. In apostscript he descrbed the battle OF
Mission RIDE itIs soldiers had moved iorWaId uii,eI
orders the base OF hl where the enemys fire nad
little effect IL was necessary to advance ana nc ha
given The ORDER " i onward" ahd rtpe3iGi IL IOLth
times OF The noise. General Willch mad also
carried, General sheridan, who received tbe creHl on
carrying heights, not more tdan halfway 10 the
men who carried the rtgc dd 50 without ORDERS from
the Generals "Aud 40 distinctly elalm," he con
cuded, 90 have gwen tuc FIST order ~ advance, but
not until after fbe men mad star ed ~ the hill"
FX-SECRETARY BELKNAF5 TESTIMONY.
William ". Bciknap, now lawyer In KeOkuk, iowa.
testified mat was Secretary Of War in General Grants
Cabinet from November l. 1sC0 10 March g. 1876. Dur
Ing the SIMMER OF 1873 he and several army officers
while on the way 10 tue Yellowstone, stopped at Fort
Buford, where General Hdzen was pDst-cummander
General IItlen sad ihat be mad seen in "A new,paper
letter some erroneous statements in regard 20 ". C.
Leighton pOst-trdder at thut place and he would
feared some had been incorporating him 60 tDe
Secretary. but the latter atkcd HIM n there was any
In the Fall o. the year The witness received let
ter from General azcu on tho subject, aud as II was
marEed personal" 70 not placed on the files OF the
War Department The purpOrt o; II was to relieve the
Irigt0ns Of any suspicion. 1t stated that the Messrs
Leighton went 10 Montana as the monHyed partners 0t
Drsille Grant Their licenses to trade nterfrred with
Montana interests and tls caused prejudice against
Tie witness never knew of any opposition by the
C0mmissary General TO the Sutlers' supplies law OF
1866 in 1870 the witness received letter from Cen
Hazen asking that he be appointed on the Board OF
Visitors 10 West Point.
Ine committee then adjourned until IL a. N. to-day.