New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-03-20
GENERAL HAZEN'S DEFENCE.
COUNSEL SUMMING UP THE EVIDENCE.
INTEREST MANIFESTED IN THE CAsE-PLowERs FOR
THE ACCUSED OFFICER.

INTEREST MANIFESTED IN THE CAsE-PLOWERs FUR
THE ACCUSED OFFICER.
WASHINGTON, March 19.-The room IN the
Ebbit House in which the Hazen eourt-martia nous W
sessions crowded with spectators when inc cou'
convened this morning. The interest which Is ici' ~
this trial I'm Army circles shown by the presence Vi
prominent Army officers and ladies OF their famhos'
and General Hazen's friends manifested their sympathy
with him not only by their presence but by loading the
table at which he and his counsel sit Win baskets "u
bouquets Of choice cut flowers Avase filled WIN nov"
also placed upon the table at which the JUICY
Advocate sits.
The Introduction of testimony in the having been
concluded Yesterday, argument to have begun to
day record of yesterdays proceedings n
been read and approved, but when the matter Vi 'no
record disposed Of. counsel for the accuseu o
asked leave to reopen the ease In order 10 present
dence TO show that the dispatch In The chicago ir'o"
referring to General Hazens letter to the secretary vi
War; which caused reporter of The STAR OF TINS city, "
interview General Hazcn and tho publication OF whch
interview is the principal basis OF the charge against
Hazen was sent from Washington on February 20 Oh
this year. He said that this is material fact in support
OF the theory Of the defence that the information con-
corning tho sending this letter from the war De
partment as letter sent 10 that Department Oh
February 25. In spite of objection by the Jndge-AdVo'
cate and by member OF the Court, the Court having
taken ballot on the question: decided 10 allow inc e'
dence be offered. recess was taken 10 per'hiv d"
examination Of The Chicago Tribune Of February 20 p'
this developed that dispatch not printed Ill the
paper OF date, and counsel for the deiehee "h
nounced that being able 10 find the dispatch tho'
were Obliged 70 admit that it must have appeared in
paper OF another date.
Judge Mackcy senior counsel for Hazen' then oPcn'"
his argument for the defence. He conended ihat INC
prosecution having presented evidence to sho" tht
Secretary of War and not the President was Nes
with authority sending relief expeditions
Tho ali ottnut hat
I'm the line OF his official duty, which is the most impor-
tant allegation In the specifications. must fall to the
ground Coming to the next allegation that the accused
officer did in his annual report for 1854 cticise ana I'M
pugn propcty OF the action OF the Secretary OF war;
he argued language in the report which was Oh
eced to- that the return OF the Proteus party on
september 10 there still time to send effective reiei
to the Greedy party could not be construed as crcSns
impugnlng the official action OF the seer
tary, although the Secretary had so construed them
lie argued that In order to conviction OF conduct
peiudcal to good order and military discipline IL must
be shown that u criticism OF a superior officer was a
criticism of an act OF military administration. He
pointed out that the decision of tho secretary war
alleged 10 have been criticised not act Of military
administration but related to nautical questi"n-the
question whether Melville Bay was navigable In The
autumn OF 1883. He commended that there beng no law
requiring officer To obtain leave TO address comrnn
nicaton 10 the Secretary Of War; and custom having
sanctioned contrary course the secretary couu not
make that action OF General ilazen the ground OF
charge Of conduct prjudcal 10 good order ana military
When counsel in discussing the third specification:
reached that part Of Il which quotes the OF
he asked the instruction OF the Court ~ to the extent 10
which nc would DC pennies nep 20 eonsarat,nn decided
that "the correctness of the statements Of
meet en, Aof q the 's ecPay OF Mar is not question
for this Court" Judge Mackey proceeded 70 discuss tho
said with reference the Endorsement that such was
the heat and temper OF the Secretary Of War upon qe
ice upon the question Of an iccbers the honorable
Secretary OF War could not keep cool Tue president OF