New-York tribune., 1885-03-21
DEFENDING GENERAL Hazel
CLOSING ARGUMENTS BEFORE THE COURT.
POINTS OF JUDGE MACKEY's ARGUMENT-A BRIEF
STATEMENT BY THE PROSECUTION.


POINTS OF JUDGE MAcKEY's ARGUMENT-A BRIEF
STATEMENT BY THE PROSECUTION
| WASHINGTON, March 20.-Judge Mackey, OF
counsel for General Hazen, continued his argument to-
day on behalf OF the before the General Court
Martial He took up for consideration that portion OF
the third specification the charge against General
Hazen which forth that the latter did Intentionally
make statement to newspaper reporter Win View
to its publication to the efeot that he General Hazen)
had sent the Secretary of War letter containing
criticism and mpuaton of blame upon the Secretary
for his official action deciding to send relief ex-
pediton to Arctic the fall Of 1888 He said that
tho gravamen of this charge In the allegation that
General Hazen did Intentionally make statement OF
the character forth. with view to Its publication
but he pointed that the testimony OF the reporter
who published conversation had by him with General
Uazen ami tho testimony of General Hazen himself is
that the conversation occurred at chance meeting ana
that nothing said by either as to the publication vi
tho statements made In that conversation Dy tho NC
cused He also pointed out that tho reporter woua not
swear that no had quoted General Hazens exact IAN
guage and that General Hazen testified that his language
was not correctly reported In the newspaper publication
This interview he said, upon which much depends
was an interview taken upon tho wing at chance meet
ing I'm the crowded lobby Of hotel the meeting lasting
less than half minute no notes being taken ana the
conversation being written out fifteen hours later lie
asked whether the Chief signal Officer of the Army Is to
be conyicted of breach OF military discipline upon
newspaper reporters disputed recollection OF such
| conversation.
Coming to the matter of General Hazens letter to the
Secretary of transmitting the statements OF Arctic
naygators TO show relief expedition might have
reached and rescued the Greedy party In tho fal OF
1881 Judge Mackey said that General Hazen was con-
in showing that he had done his utmost to rescue
| the expedition. lie said on this point: "Ihe
| Chief Signal officer felt tho magnitude OF the
calamity ITO the Greely party. 1t was
a matter OF very deep concern to him. 1t walked with
him I'm the broad light MONDAY aud the awful spec
tacle came to him In the deep shadows OF the night IL
concerned him show that he had done his utmost to
avert that dsastera disaster that challenged the atten
| tIon of the Nation . 1t concerned the Chief Signal
Officer member Of the International Polar Congress-
whose name known to the great nations In oonnec-
ton with this question vindcate himself" Judge
Mackey added that the accused has stated upon oath
that the letter written to the Secretary OF War; not
10 nculpate that Official but to exculpate himself
He referred again tho fact that although the secre
tary of War returned to General Hazen the letter writ
ten TO him by officer with the statement that the re-
tenton Of 1t by General Hazen In his own hands would
save him from tho charge of breach OF military dis
cpline copy the letter appeared in court In the
hands OF proseoutunan evidence, he sad that the
Secretary had either made copy OF the letter after he
received from General Uazen or had obtained copy
| OF it before General Hazen forwarded 10 TO him. lie
said "The return the letter TO General Hazen was
only gratitude in breast OF the Chief Signal Officer
II was so felt but the of gratitude that was felt is
mared by the knowcdge OF tho fact that copy OF the
In copraiing his rSument Judge Mackey called at
tenton 20 the fact that the accused on trai ociore
,Saf' ns Tn sccu,sd an in thu, eTpressnc his conf
the members ot the court has stated nicohn
snTce The accasei he said ia that while the
court appointed by the President Of the United
War. THE acen,ed" Judge Mackey said. awaits
your Jndgemen with confidence ne i,els 1 thas TIM, ne
He feels that this Parthian sbaft VIII be shattered on
the bright shield ~ his sOlderly record. But II your
Judgment be against him. you inhot scar broader aud
deeper than those he now bears upon h b0y To attest
M. honora ole service in nj. country's wars
The Jude Advocate of the summed up the case
briefly for the prosecution lie said that three PROPOSE
on"nI Whether the accused knew Of the decision
the Secretary ot War not TO send relief expetton
ca1sd used the language in his annual report at
trbuted to him in the .pecihcation: and t whether &
nal Ocer crticse aud mpugn the lroprety OF the
ss spe% ssd &c 'f 5So. sF5. asod Of no qSoH,
ans ss WITH t he court % lie said that i is
c,tabhshe beyond d-pate BY the evidence and by the
the letter Of February IL 1885, e. tho Secretary OF War
In which be said that The tragic termination OF the
~ tntnher is9; md he added that he would leave il
with the to decide whether the writing OF such
letter was not breach OF military discipline lie
said he would simply call the attention OF the court
to the fact that the letter was no, written for
tho purpose Of securing tho reversal OF any
action OF the Secretary OF War. but WAS
written months after the action taken aud when NO
reversal was possible. with respect TO the third spec-
tion that General azcn knew that he talking with
reporter when he conversed with the witness kaufman.
and that 10 could be disputed that the article pub
shed In The Star and quoted In the specification gave
the substance OF that conversation These being tho
facts he said the allegations OF the specification we're
fully established. The summing up Of the Advo-
cate occupied not more than ten minutes and on the
conclusion his the took short
then went into secret session to consider the case
STATEMENT BY GENERAL HAzEN's COUNSEL.
Lsor from J. MaeEey IN re Was,hing,on ret 90,
| inst the following: "1he other" meaning General
IIazenl In public estimate. regarded avery incom-
very important part in the career Of General lazen
This being in newspaper owned by one OF the late Sec
Greedy after the return Of the Yantlc In 1883, and at
time when he personally controlled the paper and being
Il was penned by him. and with the purpose to affect the
Judgment OF the eourtmartia having at the time tho
General Hazcn has never engaged in contests ex-
is not u fact anywhere IN his record to sup
port the charge OF ihcompetency. The record does
snow that In 1855 his department commander,
General Wool. publicly commended him IN the highest
manner for zeal and efficiency IL shows that In 1893
GeneraD Joseph 4. johnston officially reported The
Second Lieutenant, liazen, was severely wounded a
week ago third successful pursuit Of the Indians
In which he has exhibited activity, perseverance, and
G"VeTnmen for this service Tor galiantry gem
ernl engagements with the Indians IL shows that this
olhcer General JOhnstOnl, M SreIM III ue 'ol-
federate service reports substantially thAt but Ior he
| service OF General Hazen, with his command at stone
River the COnfederates would have gained that battle
Secretary stanton appointed General Hazen Major
General December -, 1864, and wrote In his commits
sion as his For gallant service Mt the capture
Of Fort Aster and long and faithful service Of
the highest character" General o. o. Howard,
i'm whose army General HaZen served the
last wear OF the war. has said: 81 say and always
nave said General azen OF the best and most
eiIiclent officers have known. General Sherman,
with whom General Hazen served during greater p0r.
tion OF the war; says In communication dated June 10,
| Iia
commission perfect and Is such as any man may be
proud Of lie IL an officer OF the highest professional