The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-09
THE lTTz JOHN PORTER CASE.
Summing Up by Major Gardner,
the Recorder.
A SEVERE ARRANGEMENT.
He Claims That No Newly Discovered Evil
dence Has Been Produced.
WEST POINT. Jan. 8. 1879.

WEST POINT Jan. g. 1870
Major Asa Bird Gardner the Judge Advocate and
Recorder of the Board of Inquiry in the matter of
Ftz John Porter occupied the attention of the ses
sion to-day. Major Gardner began by stating that
this inquiry the first of its kind the records of
the army the United States and the character of
the questions presented indeed "such as no
other campaign. not that terminating Waterloo
has presented When he began in this investiga
ton he thought that General Porter had strong case
but after study of the question he had changed his
opinion. He then criticised Porters opening state
ment in detail reviewing some of the evidence of
the court martial of 1868. and claiming that there
We're contradictions in the statements OF his wit
nesses. and said -From this his signature.
despite his deliberate statement the contrary it
is apparent that both Porter and his officers
knew there was a battle pending on the
29th of August, 1862, and that he himself
knew by his order to his senior division commander
to push over and help Sigel that aid needed.
He also knew it by despatch received from General
Pope on the morning of August 20, at Bristow Sta
ton, which said, "It is very important that you
should be here at an early hour Of the morning. A
engagement is likely to take place and your
presence is necessary" The claim made by General
Porter by way of excuse, that he understood
ment until heavy achievements arrived was with
out grounds. Pope's dispatches show. and it was
evident that the offensive the plan Of the cam
paign." After this part Of his address. which was
fortified by long quotations from the evidence the
Recorder returned to the of the at
the beginning saying that General Porter before
this Board of Inquiry asking for justice not mercy
'.Yet he comes. not with the presumption Of inno-
cence but under valid, subsisting and executed
sentence" He then recapitulated the charges and
specifications and gave AN account of the trial of
1863 and declared that General Pope did not prefer
the charges know of them. 1T was only after
the campaign. said Major Gardner, ''that Gem
eral Pope became convinced OF General Por-
ter's criminal conduct made evident by the
exhibition to him by President Lincoln
OF the dispatches and communications which the
accused had sent to General Burnside and which that
faithful officer had sent to the President General
Pope only did his duty before the Committee on the
OF tne war ~ncn nc sa ne r
Porter to justice. lest at another time and
with greater opportunities he might do thai that
should be relieved from any imputation of being
animated by personal hostility to General Porter.
and whatever his personal feelings might have been
toward the accused, friendly or otherwise his
duty would remain the same. The original
d asor davis agS
was satisfactory to General Porter at the time,
but for sixteen years the members Of that court had
porters, who had at last had the proceedings re-
viewed because Of newly discovered evidence"
As to the first specification OF the first charge
| viz, the failure to march at one o'clock A. NJ.
convicted him Of that offence, ana he has not
| produced before this Board single par
s OF @ v OF
| to the record. A consideration of the cumulative
evidence will show that it leaves the petitioners case
| worse than before" Considering the number, char
acter and weight Of General Porters witnesses to
the excessive darkness Of the night the atgued con-
dition Of the troops. the blocked condition OF the
1 roads and the general mpossbilty OF moving troops
before daylight Major Gardner asserted that from
| the evidence it will be seen that the time (one
| A. NJ fixed for the march to Bristol just
the time when the road would be least obstructed,
tions he Porter) could have obtained complete con-
troll of only the road but the fields each side
if necessary" The character OF the night and the
forces to march next considered by Major Gard
ner the conclusion being after long citation OF the
evidence of his witnesses that there was nothing to
| their general from making night march" on the
night Of August 27-2S
| ORIGINAL ORDER
| Quotations from General Washington on the neces-
sty Of implicit obedience Of orders by soldiers then
followed. and number OF English authorities were
| likewise given, and the Recorder then passed to
consideration of the Joint order from Pope to
| Mcdowell and Porter. which the latter charged
| with disobcying. This order. over which there has
been so much controversy, and which involves the
reputation Of General Mcdowell. well the ques-
ton OF General Porters guilt innocence as fol-
| lows:-
i MnApau U1asa "a an MI OF VIRGINIA.,
| CENrRKvILLE Aug. 20, 1867.
|
You viii please move forward with your joint commands
toward gainesville sent General Porter written orders
Rsno moving ON the turnpike
soon as Communication established between shi;
force and your own the whole command shall
Bull Run a. ccstrcsile son,shi ipresame
Ss G
s s s S S % sc Ii
position tho warrenton pike until tho troops from here
know Ricketts, position, had been able to find
sr' Will ass aSsr S
to communicate with General Ricketts, and instruct him
p9ne ssS are
By Gno s
troops must position from which they can reach
S% ss" 81 p hs
s 81
JUN P1PG e. Major ios snera COMMANDING
| PORTER HELD RESPONSIBLE DEFEAT.
The Recorder was very severe on Porter. and com.
mentcd on the testimony of some of the petitioners
witnesses which he declared to be conflicting and
variance with the facts had been established. The
responsibility of the inacton of the Fifth corps
| the 10Th OF August he asserted, Porter's
shoulders only. and he made vigorous defence Of
General Mcdowell, whom Porter's counsel
, claim to have put the blame IL there was any.
for the doings OF that day He claimed that the
Confederate testimony to the numbers in Porters
front had nothing to do with the in considering
| whether he did attack under his orders did nos
| attack. II he made no vigorous efforts to develop
ascertain the strength OF the enemy in his front he
cannot, the assumption that he had no orders
to attack, Justify paate or excuse his fatal nAction
| ON the 18th OF August, 1861" The Recorder con-
| cludcd his address with rhetorical renection
| on Porter who he said, event to the point
| in his column most remote from the sound
of the enemys cannon and calmly waited the issue
between the conendng forces with safe ine OF re-
treat open to himself Major Gardeners address was
throughout an energetic effort for the prosecution
Mr.. Choate will follow with the concluding argument
and the Board before aiiourning will meet and
slider the whole question and make UP tner Veroics
for submission to the President