The New York herald., 1879-01-05
FITZ JOHN PORTER'S CASE.
CONTINUATION OF THE ARGUMENT FOR THE Pc
TITIoNER-GoING OVER THE WHOLE GROUND.

CONTINUATION OF THE ARGUMENT FOR THE Pc
TITIoNER-GoING OVER THE WHOLE GROUND.
WEST POINT. Jan. 4, 1879.
Mr. Maltby of General Porter's counsel. continued
his address before the Board of Inquiry to-day. his
argument being very full and exhaustive and Illus
trated at every point by quotations from the cvi-
dence or from documents on file. SO yoluminous
has been the testimony NEARLY one hundred witnesses
by the government representative and forty more
by the petitioner) that address cover all
the points to be illustrated and Mr. Matby has been
forced to omit critical analysis in most in
stances and confne himself to u strict
captulation of evidence on the question at
issue. He first considered the question whether
General Porter was aware of the presence
OF Longstreet in his front on the Goth of August.
1862. This knowledge, the counsel claimed.
shown to be in possession of Porter and his sub
ordnates by the testimony of his staff officers and
division and brigade commanders, and the fact that
. number of the enemy scouts were captured and
brought before General Porter and announced them
selves to be Longstreets As to the question Of
the strength of Longstreet's command, Mr.. Naltby
dwet at great length to show by the evidence, both
of Union and Confederate officers. that Porter. with
his 10000 men, held in check force OF the enemy in
his front numbering $4,000. and prevented them
going the aid OF Jackson to overwhelm Pope.
the counsel claimed that no better testimony could
be asked for than the evidence of the Confederate
officers engaged in the affair and their official
reports made at about the time. General
Longstreet himself General Robertson. Colonel
Marshall of Robert f. Lees staff and the writer of
most of that Generals reports. and other competent
witnesses quoted in support of this proposition
The preponderance of the estimoney of the confed-
crate officers said Mr.. Maltby, sis strongly the
side Of the petitioner. and ii they are to be be-
neved General Longstreet's line was formed at
'joint order to Mcdowell and Porter. the
sci claimed. left the responsibility Of any attack
upon the enemy with the former officer, who was
the superior, but as in their opinion it not
deemed best to give battle that day. and Mcdowell
to exercise his best discretion. which he did
and which prompted him, when he found that Nc
Dowell had withdrawn Kings division from his CON-
mand to lay quietly and watch the enemy. satisfied
to hold so large force in check and not to risk the
lives of his men and the cause in which they were
engaged by an attack that was certain to fall
ALLEGED RETREAT.
The charge that General Porter made retreat on
the 10Th Of August next considered: II
tempted" said Mr.. AIaltby, "to speak of this
retreat of which General Porter has been found
guilty in the manner in which the famous chapter
the snakes Of Ireland was composed. to wit
There retreat and thus end the whole sub
ject The testimony of most of the general officers
and large number Of regmental and staff officers in
the command was cited to prove that there mo
retreat or movement that day in the nature Of re-
put. The specification of the second charge, wherein
Porter accused of misconduct in the face Of
the enemy was the counsel's next subject and the
additional clause that although being within sound
of the guns and in the presence of the enemy.
with knowledge that a severe action was being
fought and that the aid of his corps was
greatly needed General Porter still remained
quietly doing nothing. was characterized severely by
mony Of the most trustworthy and honorable wit
nesses to prove that the firing which was OCCASION
ally heard did not indicate any severe action. and
that until late in the afternoon there only fight
ing by brisades, and that not severe. The ~ 80
?. NJ order OF General Pope was then considered
the petitioner The following is the order General
Porter is charged with disobeying:-
HEApauARrfns IN TnE FIELD. Aug. 20 1ss2-i;soP
desire to push forward into action at on the ene
right in with General Reynolds The enemy
is massed in the woods in front Of but he ean be seed
and batteries keeping well closed 70 your right all
right and to keep you in close communication
WV" '"' JOHN POPE, Major General Commanding.
Major General PORTER.
QUESTION OF TIME AND ROUTE.
The testimony of Captain Pope, who carried the
order, and the orderly, Duffy who accompanied him,
thoroughly reviewed. and the impossibility of
the correctness OF their story insisted upon. General
Rugges who wrote the order at the dictation OF Gen
era Pope testified that his habit to look at his
watch and mark the time on an order when he began
to write it, He judged it took twenty minutes to
write it, copy it and prepare t for delivery. The
route taken by Captain Pope and the impossibty
Of rapid movement. testified to by that officer,
We're particularly mentioned by the counsel. and
the evidence of the members OF Porters staff and
arrived with 1t. made it certain that it not till
after past p. NJ that the order reached Gem
eral Porter The evidence of Colonel Mose and Lieu
tenant Jones, to whom Captain Pope said only few
years ago that il "near dark when he reached
General Porter was effectively quoted, and the
weight of the evidence OF General Sykes who
with General Porter, the officers of the staff who es
titled to the effect and all gentlemen of char
acter and other equally strong witnesses was earn
estly stated. The orders of General Porter to his
subordinate generals to carry out the directions
ceived in the 'half-past four r. NJ. order
war ntad flIa taStiu
exertion made and all possible prepare
tioos to attack quoted; and the lact. as
Mr.. Maltby declared, that darkness prevented COM
pliance with it ought to be admitted without dis
pute. This part of the argument was exceedingly
well prepared and was the most interesting and ef
fective portion of the address. Mr.. Matby with the
zeal of the advocate concluded his long argument
this point by saying Having thus shown that
General Porter entirely innocent of the charges
upon which he convicted, shall turn to the
claim advanced by U.S. that his remaining stationary
accomplished without loss of blood what could not
have been accomplished had he attacked and been de-
feated. namely he kept Longstreets force from at
tackng General Pope's main army in flank on the
10Th OF August. 1862 and thus delayed its aefeat by
one day.
of his argument. he further elaborated with many
citations of the testimony and passed to the discus
sion OF the question OF General Porters animus
Here he made powerful attack ON the testimony of
some of the witnesses brought forward by the Judge
Advocate contrasting the evidence OF the witness
Bowers. whom he called professional spy, who
was arrested frequently during the because OF his
suspicious character. which suspicious character
clings to him yet. with the evidence brought in re-
buttal. The evidence of Bowers was as follows:-
Answer had started out some hour or perhaps more
before that to look for place 60 water our horses
nalcr In looking around got inside OF General Poters
lines aud up to an officer, think perhaps OF the RANK
asked where going; told him Il had insignia
Tine Of M and no chance to change clothing since The 18th Of
August, is he appeared 70 disbclieyc statement; he
took with him- think perhaps there was s enlisted
up about that tinic-tlcy took me Z" General