New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-28


COUNSEL FOR THE RESPONDENT OPENING HIS AR
oUMENT-GENERAL sIIERIDAN's ACTION IN RE-
LLEvING GENERAL WARREN JUSTIFIED
AT the sitting of the Warren Court OF Inquiry
Yesterday Mr. Stioiney, counsel for General War
ren, concluded his summing up. He recapituatcd
the points covered il his review of the case nclud
ing the %llegations against General Warren of de-
lay, neglect of order, and his apparent desire that
General Sheridans efforts should fail He said in
substance:
Error of judgment is not uncommon, but when ven
come to say that man makes effort carry the
orders OF his superior olcer THAT he wishes the plans
charge OF high treason Ii assassin takes human ifo
nation Il man Kills rra"n q It Rss fS for Sim
thorough contempt The Constitution of the United
tson is assaulted proper and sufficient protection would
j: ever come soldiers Reputation sHonId not bava
that full and sufficient safeguard If the day should
come wher soldier cannot appeal in perfect confidence
oreccving justice, 20 military court for full
viii be gone
Major Gardner, after short interval took up the
put in type. 1t covers everypoint taken by the
applicants counsel CON- IT. contains on an estimate
intended to submit it without reading
Rns his he ar saaUsSd a1 S I"
that General sheridan had been placed in i an n
usual and remarkable position through President
| the point that upward of sixteen years had passed
since the battle which led to the evacuation OF
of Lee at AppomattoX, and tho end OF
! tho Rebellion. Since then many of the
| the three Major-Generals, Devens and Custer who
commanded the cavalry divisions, and Griffin who
commanded 9 diVsio,! of the Fifth Corps. They
had largo share of the confidence of General Shcrf
dan dan, and could have given The Court vqlu-
governing the inquiry. "It a commanding gen
eral," he said. "is TO be called upon
certain hing on such field, common jns ice i re
QreS that hO shall he called to do hen the cir
cunstancos are fresh in Inc recollection roth of wit
FtH nf In
alter the lapse OF sixteen years TO for his
military conduct 1t may be urged that Il any olfi-
conduct or official repo t. OF superior 10 time il
| too late for his ymdication. Public policy has
there has been neglect 10 seek vindica-
ton on the part =, Of the, applicant for
You'd request Tor court Of inquiry than six
| teen years ago, on April 0, 1865 aud AGAIN on Nav
dent Johnsou's r President Grants admuistrati n
and only Obtained che IN the last year of tho
| of President Hayes.
THE court was calledto inquire into Lieutenant
Colonel Warrcn's conduct az Major-General com
mandny the Fifth Army Corps at the bartle of Five
late to mis- conduct to imputations or accusations
against him. The applicant formally assumes
| hin are assumed TO be good, and no act Of
his on that day is to De questioned at all. The
TO do what lie did on the lst of April Therefore as
he is not charged with acting, with improper mo
tives, his conduct cannot be inquired into
! To General Sheridan's motives, and the ma
ture Of the investigation which he pointed
| ont here, has est0pped himself from any
opinion on the merits Of the case This procedure
strikes at the root Of the exercise of discretionary
authority by executive officer in the military
service, and renders him liable at any future time
from ten to thirty years TO be called judically
to explain his conduct ana prove the affirmative
of its prOprioty"
Counsel then took up the consideration of General
Warren's conduct during the two days in question
lie described the movements preliminary to the bat
tie OF Five Forks and oheridans successful
IN draw fhn l..
breastworks. 1t was then the orders were given TO
the Fifth Corps 70 move so TO get III the rear of
| tho enemy and thus hem him ill., This counsel CON
tented, was frustrated by General War
! reRs hardness. Dispatches read from
! Generals Grant and Meade, showing that
Warrens movements; and quotations wero also
made from General Sheridan's statement, CIV
ing ms feelings Ia the matter and his
lieying General Warren. He quoted from the
nesses to show that two of General
Warrens divisions repulsed at Cravely
Run, and did not wait for o bridge
From General Warren's dispatches General Grant
expected ho would make night march in order TO
be ready but General Warren testified that he never
been delayed OF Gravelly Run, for lack of bridge
while other officers testified that they fordeC the
stream. General Sheridan's statement showed that
he considered that General Warren had failed him
In trying emergency. and he therefore lost all con-
iiderce in him. In concluding this portion of his
argument Major Gardner said:
Lieutenant-General Sheridan therefore adhered to
the sttemeht made In his official report which const-
tates the hrst cause OF complaint OF General Warren,
WIZ that bad Le moved according to the expectations
OF the ieutanant Grant there would appear TO
have been little chance escape the euenys in
.entry In front Of Dnwiddie Court House."