The river press., 1883-08-15
COL. ILGES' DEFENSE.
Extracts From His Address Before
the Court Martial in His
Own Behalf.

Now, Mr. President and gentlemen of
the court, [ will address few words to
you as the jurors who are to determine,
according to evidence, the matter now
before you, and to honestly and faithful
ly administer the law.
am charged with violation Of the six
ty first article Of war, which reads AS
follows: Any officer who is convicted
of conduct unbecoming an officer and a
gentleman shall be dismissed from the
service. This charge is based upon the
specifications which, with the exception
of the name of the month or months,
are identically the same, and can be
considered at the same time. These
specifications aver, in so many words,
that during the year 1882, after having
sold for money considerations, and by
paying interest thereon to }. III. Squler
& Co., bankers and brokers Of Washing
ton city, my August, 1882, my Novem-
Der, 1882, and my December, 1882, pay
accounts, did, at certain dates in 1882,
and at certain place, in7payment to
Messrs. Dawson, Smith & Scheffer, of
st. Paul Mimi, for money which the
said Dawson, Smith & Co. had loaned
and payed to me, make out, sign and
transfer to Dawson, Smith q Scheffer
aforesaid other pay accounts for the
said months of August, November and
December, for my salary as an offices OF
the army for said months, | knowing
at the time that the certificates on the
paw accounts were false; that the severa,
amounts charged were not rigAtfully
due me, as the same had already been
paid me by, and vouchers transferred to,
Messrs J. I'll. Squier & Co.; that the
vouchers given to Dawson, Smith q
Scheffer were fraudulent and worthless,
and were made by me with the intent
to defraud the said Dawson, Smith &
Scheffer, and to deter them from insti-
tuting proceedings for the collection of
the Indebtedness due by me to the said
Dawson, Smith & SchefferA
WHAT CONSTITUTES CRIME.
Now, gentlemen Of the court, if the
evidence produced by the prosecution
during this trial sustains these specifica-
tions you will under oath have to find
me guilty of the charge, and brand me
forever as criminal.
The word crime, as defined by human
understanding includes intent-gener-
ally felonious intent-and this intent
furnishes in these specifications the very
| ingredients to the offense contained in
the charge. The intent and the felon-
ious intent on my part in the transac-
tions with Mr.. Scheffer, of the firm OF
Dawson, Smith & Co., of St Paul, the
| intent to defraud Mr.. Scheffer is the
| very gist Of this case. Have | been
| guilty of such intent? Let us examine
the testimony. Under the rules of prat.
/ tice it is not necessary for the prosecution
to show by testimony the felonious in
tent of the act itself, as proved, carries
with it the conviction of such infamous
intent. The acts charged in these spec
/ ifications have not been denied or dis
proved by me, bu5I do solemnly declare
| to YOU that there never has existed or
my part any intent to deceive or defrauC
Mr.. Ssheffer. Has the prosecution prov
ed differently? Do my acts in these
transactions as brought to light on thi'
trial, carry with them intention of frau6
or felonious intent? Has any living
witness testified within your hearing
gentlemen Of the court, that at any time
intended to defraud Mr.. Schefer O.
any one else, has any voice outside Q
the human world whispered to you, O.
has the conviction stolen into your souls
by inspiration that I am guilty of felo
nious intent and criminal acts? On tn,
other hand, does not the testimony Q
Mr.. Scheffer, the only witness who comes
| to the surface in these money transac
tions with me, positively state, unde
oath, that these accounts now unde
consideration were never to be collected
and that it was SO expressly stipulated
by me that they should never be collect
ed? Does not Mr.. Scheffer, under oath
l state that he never believed that eve
| intended to defraud him? Did not MI
Scheffer, under oath, state that express
ly stipulated that he should hold my ac
counts for November and December
| 1882, until redeemed by the proceeds 0
money deposited to my credit in tn
/ treasury of the United States? Has no
i Mr.. Scheffar. at all times and up to tn