The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-10
THE FITz JOHN PORTER CASE
CONTINUATION OF MAJOR GARDENERS AEGU-
MENT.


WEST POINT N. ", Jan. o, 1879.
Major Gardner resumed his address argument
this morning in behalf of the prosecution with .
lengthy consideration of the 'oint order to Porter
and Mcdowell of the esth of August. and of Porters
conduct under it while his corps lay idle all day at
Dawkis' Branch. He claimed that from the moment
of his arrival General Porters desire to avoid
engagement his orders to Colonel Marshall of the
thirteenth New York volunteers. showed. and that
he left the front. where he should have been. and
went more than two miles back. He said that
the evidence would show that the attempt
to put blame ON Mcdowell was not success
full. and that Porter knew what no had
TO do and should have at least attempted to do it,
Major Gardner then passed to the consideration of
the testimony to the time of the arrival of Long
street. and criticised the evidence of the Con-
fedorate officers and others. He claimed different
position for Longstreet from thar which that GeA-
eral has sworn he held, and which others who
were on the ground have testified to. This part of
the argument rather surprising. in view OF the
evidence produced by Porters counsel, and at least
showed great courage the part of the Recorder in
insisting on it. General Longstreet, himself
trained and veteran soldier, gave his testimony very
clearly last summer and indicated on the map of
the scene Of operations the points he
cupied and the routes he marched over;
but Major Gardner, after arguing in sup
port of his theory, said in conclusion :-"when
Longstreet says he was not at Louis Leachman's
house between eleven and twelve on the morning of
the 29th Of August. 1862, we must charitably
cude that he has COMPOUNDED the Goth and the 3Oth
and the proceedings of those two days. He rehearsed
the evidence at the first trial, which, however is
wearisome in view of the new testimony of
this investigation. which has let in food of light on
these questions, and which was of necessity not
available ut that time. The matter of the halfpast
four +. NJ. order was the next subject of the Re-
corder's address. The alleged dsobedience of this
order is the third specification of the first charge
and the basis Of the first specification of the second
charge. The order, which has become of historical
interest, is as follows
x4,o, GENERA. Inc 81 March SrIa
the encmys right flank. desire you push forward
ON in with
General keynods The enemy massed in the woods in
their flank Keep heavy reserves and your batteries
keep you in close with the right wing
JOHN POPE. Major General Commanding.
Major Gardner said that Captain Pope. knowing the
importance of this order hurried to deliver it, the
showed The map prepared by General Warren did
not indicate all the roads and paths which may have
then existed and some of which the evidence of these
three witnesses proves that they took, and he
charged that it nero guessing by Porter's wit
nesses to say what route must have been taken or
y 4
headquarters to Porters. 1.-THE time Of the despatch
of the order is fixed by its date, f-past four p.
NJ said the sna hecorder ignoring the evidence
dictation. He testified that the date, "half-
past four P. NJ" referred to the mo-
finish it, copy it and get the messengers to take it
must have required twenty minutes. The accuracy
Of the petitioners witnesses assailed in this
nection. particularly Mr. Leachmau. resident for
fifty years OF the neighborhood, who testified to his
perfect familiarity with all the roads at the time be-
thauo HAD
and Bethlehem Church. where Porter was; that he
had ridden them and knew their character. and
that with good horse II don't think it could
be done under an hour and half" as he said.
Major Gardner thought that the testimony of Captain
Pope and the two orderes had established the fact
that Porter received the order by half past five A.,
aud he took no notice Of the testimony of Generals
Sykes. Locke. Weld. Captain Monteth and Lieutenant
mgham, that the time Of its arrival was about half
past SIX p. Al. He eloquent on the subject of the
high character Of Captain Pope and the orderlies.
The two latter he described us neither bounty
jumpers, conscripts nor mondicants," and was
willing to meet tho question with their testimony
against General Porters witnesses. The orderly.
Dyer, he said, who fixed the time Of starting
with the order from Popes headquarters rs rather
before half-past four p. NJ. though he had
WATCH accustomed to observing the sun, and
had great experience in fixing time in that way. It
is hardly necessary to discuss this point, he
cluded as these three witnesses say that in their
three-quarters Of hour in riding down to Porters
headquarters. What did the petitioner do receipt
Of this half-past four p. M. orderl was his next
subject Of inquiry. The order was imperative that
be should push forward at once on the enemy's
nrhsr At hspast thong: he
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