The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1880-09-12
A NEW ROLE.
GEN. w, S. HANCOCK AS A LAWYER.
His Great speech at the BabcesS
Military Court of IHquiry-Miiitn.
ry Tribunals Must Not Inter.
fore With Civil Courts,

Major Ward, General Hancock's chiet'of'
staff, and shows up another feather in the
great mans cap:
GovERNoR's ISLAND, N. H..
sep, ember /, 1850.
My DEAR HALL camo across the
Generals speech of December l, 1874, re-
Gently published in Norristown, Pa, paper,
and enclose it herewith, at your request. l
hope that Mrs. Hall is feeling better for
her trip north. Yours sincerely,
G. S. L. WARD.
To w. L, Hall, ESD, Dallas Herald, Dali
las, Texas.
THE SPEECH.
On the lst of December 1874, Babcock--
under legal advice, after finding that the
civil arm was to take hold Of him by In
dictmsnt-ssked for military court of in
auiry. His aim was to have this court white
wash him while the criminal prosecutions
we're postponed. With great celebrity, and
on December 4, Grant ordered the court of
inquiry and named Sheridan for president
with Hancock and Terry as his colleagues
and Asa Bird Gardner as recorder. These
officers we're ordered to meet within five days
on December 9, at the Palmer house. Chi
cago. 1t was thought Hancock would ask
to be relieved on account of this haste, but
he did not. AT this time tts United st ties
grand jury al ST. Louis WAS hearing evidence
against Babcock, but had not yet fully acted.
The court Of inquiry duly assembled Deem
Der 8, and adjourned until the next day. On
the Resembling Of the military court on
December 10, General Hancock astonishsd
his colleagues and gratted the public with
his speech: "a sen 70 Of duty TO the laws,
to the military service and to the accused
impels me to ask your concurrence in post.
ponemement Of this inquiry for the present
We are all bound TO believe in the entire in
nocenco of Colonel Babcock, and the assump-
ten cannot be repealed without clear evil
dence. 1t is due to him to suppose that this
court of inquiry was asked in good faith for
the reasons given. What were those reasons :?
Colonel Babcock was alleged to be guilty of
high criminal offence. He asked for a
hearing in the same court but was informed
that he could not have it because the evil
dencs WAS closed. Those circumstances led
him to demand court of inquiry as the only
means of vindication that was left. Since
then he has been formally indicted,
and he Is now certain Of getting that full and
fair trial before jury which the laws of the
country guarantee to all its citizens. The
supposed necessity for converting military
court for the determination of his guilt or
innocence no longer exists. 1t is believed
that our sction as military tribunal cannot
Gust tho jurisdiction of the court while the
indictment is pending The president has
sad through the attorney general that such
was not tue intention. Then the trial a. St.
Louis and this inquiry must go on at the
same time. Unless we await the result OF
the inqiry there the Difficult ties are very
formidable. The accused must be present
at the tra of the indictment Shall we pro.
coed aill hear the cause behind his
back, Or shall we vex him with
two tri,l, at once? The injustice of
this is n. fest. presume from the nature
Of the So that the evidence is very volu-
minous, consisting of records, papers and
oral testimony. Can we compel the produc-
ton of these while they are wanted for the
purposes of the trial at st. Louis Certainly
not. If the military be, as the constitution
declares, subordinate to the civil authorities
shall we proceed without evidence and give
an opinion in ignorance of the facts That
cannot be the wish of anybody. tale it fol-
granted that the trial at ST. Louis will be
fair as well as legal, and that the judgment
will be according to the very truth
and Justice of the cause. 1t viii
without question be binding and con
elusive upon us, upon the government
upon the accused and upon all the world
If he should be convicted no decision
of ours could rescue him out of the hands o
the law. If he is acquitted our belief in hi
innocence will be of no consequence 1t WI
anticipate the trial in the civil court, ou
Judgment whether for the accused or agains
him, will have, and ought to have, no etfec
upon the Jurors. 1t cannot even be mad,
known to them, and any attempt TO influence
them by it would justly be regarded as Al
obstruction to public justice. On the othol
hand, his conviction there would be conclu
sive evidence Of his guilt, and his scquitta
will relieve him from showing anything bu
the record. do not propose to postpoa,
indefinitely, but simply adjourn from
day to day until the evidence upor
this subject Of our inquiry shall re
ceiye that definite and conclusive
shape which will be impressed upon 1t by {
verdict of a jury, OF until our action, having
been referred to the war department, will
our opinion that our proceeding should bt
stayed during the proceedings Of the cour
of law, shall have been confirmed. In cast
of scquittal by the civil court, the functions
of this court will not necessarily have de
termined. The accused may be pronounced
innocent of any crime against the statute
and yet be guilty of some act which the uiil
itary law might punish by expulsion from
the army. In cese of acquittal he may insis
upon showing to us that he has done moth
ing inconsistent with the conduct of an office
and gentleman, as the article Of war runs
but the great and important question
is, guilty or not guilty II
manner and form as he stands indicted
and this can be legally answered only by
jury of his country" OF course Sheridan
Terry and Gardner adjourned the court, al
after Hancock sat down there was even
feeble pretense that Bsbcock wished il
There can be no doubt, however, that thi
court of inquiry was intended to get posse'
sion of all the proof and exhibits and docu
mentary evidence that the prosecutors i
St. Louis held and to "retainl" them. Bu
General Hsncock's prompttude and saga cit
,outwitted the Washington oonspirators.
is little wonder, therefore, that the stslv sri
fear President Hancock's appearance
Washington as all Investigator Of their it'll
games.
Tho Nouey 0ue.tio,,