The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11
FITZ JOHN PORTER.

CONCLUSION OF RECORDER GARDENERS ARGUMENT
FOR THE PRosECUTIoN-FINAL SPEECH OF MR.
cHoATE OF poRTER's couNsEI-BITTER WORDS
FOR THE RECORDER AND GENERAL MCDOWELL.
| WEST POINT JAN 10, 1879.
The first part of the session of the Board Of Inquiry
In the of General Fitz John Porter was occupied
to-day by the Recorder Major Gardner with the con-
clusion of his long and exhaustive argument for the
prosecution. He quoted from General Porter's de-
spatches to Burnside and others to show the indifcr
ence and hostile spirit toward General Pope. and
used these with ingenuity and skill. In concluding
| his argument, he sad:-'I have now finished the
duty Out upon me-a duty the most disaGreeable
in all my military experience. In performing it
have felt that the honor Of the service
required every exertion my part to ascertain the
facts, that the President the public and the his
torian might read this and. know that it had
been fully investigated" After the usual recess for
| dinner the session resumed. There
usually large audience present in the expectation Of
hearing Mr.. Choate. of Porters counsel in a speech
which it is expected will be Of the most brilliant Of
his career. There was something Of a discussion to
begin with the demand by Porter's counsel mr.
Maltby) that the Recorder should produce docu-
| ments received by him from the War Department
which Major Gardner thought he not called to
show These related to the record OF the numerical
strength of the Fifth corps in the last days of
August, 1862. Mr. Maltby read letter from Adju-
| tant General Townsend to General Porter, saying
that he had forwarded the copy OF the report to
Major Gardner. The letter addressed to Seen
eral F. J. Porter" which fact the Recorder COM
mented on in an angry way, to which Mr.. Oh Gate
replied that the address was q simple ana natural
courtesy The upshot Of this controversy that
| General SchoheId said in his decided manner:-
"There is no necessity for further dlscussion rhe
| Recorder has the letter. and will submit 1t in ac-
| necessary to remind the Recorder that the Board
wants ali the facts and the whole truth of this
ton even f il requires the case to be reopened and
| MORE witnesses to be summoned' This NATURALLY
ended the episode which was lively while it lasted
| Mr. CHoArE's SPEECH
Mr.. ohoate then began his address. He said he
shoud ain, to be as brief as possible aud auoted the
remark Of well known bishop who. in advising
| of nravers Reminded them that "the Lord knows
| something" He would bear in mind he said that
| the BOARD knows something of this case General
Porter's counsel he said were under great obIira-
tions to the learned Recorder for his ingenious argu
ment which was lust what was wanted His conduct
of the case had shown the greatest Diligence in "st
ting up the argument and bringing forward evidence
a large part OF which was very useful to General
Porter every rumor every suspicion. indeed
every scandal he has presented to YOU. and If YOU
SHAH arrive At Gonclusion favorable to General
| not thorouah''
Mr.. Choaee claimed that the Recorders view of the
| casa 40 he had presented IL in his arpnment was
orig;nal with him and had never been heard of he
! fore. It diffcred from MCDOWELL and Pope and in
| liant he mi Tho
mart Of ne Recorder toward MsDoweii Who had
all the way across the to be of service
| IN him 10 treat him as ne had done "When General
Mcdowell. said Mr. Choate. "declared that he WAS
not on trial. while testifying last October he was
mistaken: He was on =! trial IN the mind Of the Re
him out of court with icnominy. And General pope
;s treated with the same CONTEMPT by the Recorded
Mr. Choate said he had no refection To make on Cen
erai McDoye hut it seemed to MIN that Inc theory
Of the Recorder did reflect on that officcr and ne
as ked-"Does the Recorder desire to bring General
McDowell into disrepute? Does he desire a third
Bull Run for that officer? VIII not two sufficeY'
cHANGE OF OPINION
Mr. Choate then commented on Major Gardner 8
statament thst he came TO the case with very ier
emit opinion of General Porter from that which an ex-
| animation of it had given him. Mr. Choate said he
had the same experience. He had general prejudice
against General Porter and an unthiking belief that
Character basing Il on the fact that he had been tried
| and convicted When General Porter first saw him
told him how felt. and he. with manIiness which
can never forget replied that if after reading the
! record Of his trial I was not convinced Of his
he was charged he would saw nothing further
on the subject / examined the record with
ieners Porter This is not porters case only. but
honor Of both Is involved. Mr. Choate was e 10.
ouent and forcibe in this part of his argument and
Shaved the sarncstness and HIGHEST attributes Of an
s5vocsts He then returned To- the Recorder's srvn
ment and took nm the point that for sixteen wears
pnrtsr had hasn M nrginS rehsaring Of the Case
which was strongly presumptiye of his innocence
A entity man wonld have submitted To the bIow
xb5ch Iis con viction carried with IL anil onl~,
Tho consc;onsness Of innocence cond have IanJt
, him nm hinder the load he has had To hear
Gas urgently A his appesl has been presented
ut co rgentlv has n hem resisted NV aone ono 81
;nfuonce said the counsei. 'and we NAV infer who
II ia that has nreventod the inouirv heretofore
rbe Recorder was then assaiIed for his comments on
the con of this board of Inouiey and its LACK
of ..iudciai functions MI Choate cla1ned the oh.
iect of the Board was in accoriance with Porter's
aneals m oct NJ the exact t,tb and no criticized
the Recorlers dispositon ITO hsmper the investira
tion hv inssting on tbo enforcen,ent of tachnical
rmes vhen Inc ofect WAS comnete and Anal inst;ca
!, only "
UNPARALLELED IN HISTORY
..porters claim, " he said 10 not for nardon as
,uiitv man INT FOR iustice ma n wrongIv convcted
you should SO report it, for the punishment he re-