New-York tribune., 1879-04-26
THE STANLEY-HAZEN FIGHT.
CRISIS IN THE COURT-MARTIAL.

OpDYIkE on THE STAND.
The prosecution examined its first witness IN re-
Initial 1T the Stanley Court-mart,dl yesterday
Gc,o-al Emerson Opdycke began TO testify. when
Camera; l,N,bon objected and the counsel on both
aides preseutra ,laborate arguments In regard TO
the admissibility Of the evidence. The prosecution
claimed that the defence had assumed new and
untenable position. and General McAaHnn replied
that General Stanley not General Hazen. was or
trial and that court Of inquiry the
suitable place for the prosecution to offer evidence
In defence Of General Hszen's character. The
court decided TO admit the evidence under certain
conditions, and General Opdycke testified that he
saw General Hszen continually until p m. on the
dav of the battle of Shiloh, with his brigade. When
the line was broken the witness and General HaZen
tried to rally the men. General Mcmahon objected
frequently TO the testimony
LETTERS. ARGUMENTS AND EVIDENCE.
Judge- Advocate Swain, for the Government,
began the rebutring testimony at the Stanley court
martial yesterday Among those present were: Ex-
Governor Palmer, OF Illinois ex-Secretary Belknap,
Generals J. c. Robinson, Emerson Opdycke, s. L. Crit
teudcn. y. c. Buell., Q. A. Gilmore, and T. j.
wood: Colonels T. p. Arden. o. ID. Greene
and T ]. Bush. Before the prosecution be-
gan the examination OF General Opdycke, Gen
eral Mcmahon counsel for General Stanley read
and offered evidence n correspondence that TOOK
place the Summer Of 1875 betaeen General Hazen'
Attorney General, COmmlssary
General and Gcueral sherman. commanding the Army.
IN regard the suffers supplies law of leO6 on June
1870, General Hazen wrote TO the AttOrrey-General
from Cincinnati. calling his attention 10 the fact that
this law by which the COmmssary Depar rimeut was
required 10 furnish certain articles 10 the
Army had never been executed He urged that the law
he en- Sorcec adding II u enforced from so
10 $50 then going to pOsttraters would be saved 10
every soldier.
Attorney General Taft handed the litter the sccrc-
ta.v Of War VINO in turn IL TO Comm eneral
c.oely who returned It 10 tic Secretary OF War with
ltter In wAich said that the Subsistence Depart
mont then purchasing and keeping on hand for sale
10 officers and enlisted at cost prices all articles
designated by the InspecOrGencral OK the ARMY, ami
hal toae so since July l. 1867 when the Act Of July
Z 500 went into effect. Ia connection with another
rtt.ment in General Hazeu's communication that tho
articles furnished largely in the interest Of Ae
pncers ne sad that the sales OF stores FOR ten months
beginning April l. 1870 at FOE uord, d. T. were TO
n. sjed men s.. .l35 -. aud to officers SI,331 20
ON July 10 General sherman wrote to Genera! Haztn
follows:
General W B. HAzES, Washington. D. r.
GENERAL tn, secT,tay % "ar nx X"s niG Ianqeu M iT
l. breach II proprrty aud Ot discipline ON v"ur p,r
S9d do %pGI 1 fe INNS tnHs na h SSlrccr al a
mil the paper To with few remarks In your let
The Irny and Mary Journal which foruis apart o: your
communication. GU have iaicu hto many tri,i,3
fut to provide IN Army articles a. the Inspector
Generii may designate. as embodied IN me s'auC, -
lrlss submitted nv the Insnrcior-Gcncral M1rcyl
AND know the fact beCau.c hr has from TIM" 10 ule
enlarged the lists ana has consulted nc h preparing
them. ,,.,..., ,..,o
General Which l. o. Itself reflection on the Secretary
OF War and positive Or'ach ~ Army rstnial1s%n',
F5O per soldier, SlO0OO00 IN the aggregate proves
"p IGS HfS OF at east a 900 to uh Your calculation
The means necessary To fuh tne object ana purpose of
the law General Mdcfcc!ys e1Liblt OF TIE safes To sol
1. aUi
conclusive that the law has been Tor more man year
In air and liberal operation under your own personal
advise you 70 frankly admit your IN this mat
ter and 10 believe that many others nave c ntrrJ oi
ID, 20 der a. much heart yon can possibly have
". T. sHERMAS, General.
T. this letter OF General shermans General Hazen re-
ped length. Ia his estimate Of savings, he sad' he
did not seek accuracy 80 much illustration. He did
rot doubt the perfect Willingness OF the ConmlsSary
Genera 10 execute the law Of 1865. and closed with
few words about the supplies system Of England and
with some further remarks about the ls6t law Cen
era. sherman sent the correspondence the secretary
of Var. who deem I'd further action unnecessary
A WITNESS SOON STOPPED BY oBIECiIoNs.
Emerson Opdycke then called as witness. lie
hive. al No Al West Twcutytfth-st. this city He tes-
titled that AT the battle Of soh he was captain IN the
Ilst ONO l. simeut lie was then asked as TO the r'-
mcnts which constituted the brigade commanded ny
General Hazcn. when General McAahon oiJeced' anu
SAID:
Idon't believe 1t II necessary for me to go over my
argument OF the other day but WI now mae ms
InIn thai the Jul shall he cOutued on r..
butal proving such facts aud such fact. Gny, a.
will. dsprOve the accu-rd- dti'hcc ana hAe
his convection certain mat th.uh, - Pi"V".i
when cainot De- disputed. hay" stated tepet~d's
t.t The accused'- fence this charge Which Is
military charge, depends wholly and absolutely upon
this: Dd Le act IA good iN'h NoW, IN tne t...I-c
then certainly acted IN good iain 'ht'-
onrutIv II he had good aud substantial grounds fr be-
ieving to be True, be certainly act,d IN Eo,I li',.
Now the Inc OF testimony which the JudEt-AuV''ile
serks 10 Introduce cannot dlsyroye H. Its only object
IafjI.6 U m Iue character Of gentleman who
V-c a party IN This trla. He was even Cai,ta ss
NxtUcss II Le had Deen had assaiied his char
meter for veracty, then the JudgeAdvOcaes condnct
v5ry INST days proceedings that as soon as thi.
on tri, All tins TESTIMONY which the Judg"-A Advocate
proposes to rins @l may ee proper III Ven SrmeIa M % aH
that ms rcnutjal the JuiGe-Advocate shuuin oe
that II aCutfrd defeat the efforts III Dthali
want the Court further 10 under4tand that this OH
jeciun - ofrrcc perfect good faith and simply tor
mi rea- We don't object 10 all the testimony the
:. ac-ACyOcute may have a. TO General lshth Guar
acr Al Inc proper pace, hut tLc Judge Advocate ~
;rulucrs this testimony the case oIens again. ana
Won won't get through until the whole Army OF the
rand Lac been here THIS Court is probably one
o. the higae-t rank tnat has bren held IN tha couuy
Ion mar wears ana IT. decisions Will no doubt serve US
I~. ON fnu-e occasIous Ii Therefore, or the nrst
In. .ortauce that they should Oe carefully gwen
AIMS OF THE PROSECUTION.
A. the close Of General McMahon's speech Judee-Ad
yocate swain presented the following argument;
Heretofore the Court decided not 10 receive tes
nouy contemplated TO be pIocuItd s.oH M 'nt 'o ~
ral good character ~ the prosecutor iOr EAnahuy ia
action hs truth iuuess and honesty Ihest ublts nave
been seriously sssaed by the defence bot1 III aiEn-
mput and by the testimony Introduced oy IL,
sao~ins or tending u s;"S sLH| and Pchets aII!s
was not IN accordance with Guiy III those lu
6onors that be was lot entitled TO-. In 0ther
words tie defence claimed at the outset
that rue prosecutor acted IN cOwardly or dlsgihctu
manner A. those places and claimed trophies ~ capur"
that Justly belong 10 nln anu asserted hst tue