The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-04
General Battle Again Re-iterateS His State
Ineht that a Court Martial Existed.
REPORTED ON STUART AND L0HGSTREET
Report Probably Destroyed by Lee.
Charged with Disobcdicncc Of
Srders-An Analogy Given to Sup.
port the Courts Action.

The case of the Commonwealth against
*. Harris, charged with the shooting
and killing of w. T.. Mallory. was called
in the llustnEs Court this morning at
10 O'Clock, but in consequence of the
Illness of MIR. William B. McIlwainc
who, with Alexander Hamilton. is cuun-
sci for tho accused, II ppstponcment was
had to 10 O'Clock to-morrow morning
The courtroom was denSely crowded.
thus showing the interest manifested in
the case. Mr.. VIM. IL. Jones. the uttor-
ncy for the Commonwealth, is to be
assisted In the prosecution by Judge
Drnry a. Hinton. Harris, who was
brought In tu the courtroom from the
jail in charge of Sheriff Watson, is look,
ing very well. though a little pale from
his confinement i'll jail. He was ncatl:.
attircd and was naturally the cynosurc
of all eyes. Apparently he was unmind-
full OF the stare OF the crowd
The new hall of The Young Mems
Christian Assoiaticn,o on Sycamore street
is practically completed.
The Evangelist Record. Of Boston
contains very good cut of Rev. IL. w.
nttlc, u. D., pastor of the First 3ap-
list Church. in this city. With the cut
is 4 brief sketch of DIR. Battle.
The controversy between General
I.cngstrect and General 2attle. growing
out of the speech delivered by the latter
IT the banquet of a. p. Hill Camp Con
fcderatc Veterans in this city on the
evening Of January 20 last, having
awakened such a widespread interest
the Nirginian correspondent called on
General Rattle to-day and interviewed
him cn the matter. When asked him
If he would favor the public with
a further statement, he said:
II am not ready to present my evil
dencc. The member Of my staff who
was closest to me In official and per-
1.f1 IN n pnt 't-nt lAnn hnn n
from
General, the public is getting impa-
tient. and I understand you have a
letter from General who was wit
ness before the court"
General Fitz Lee has published the
fact that he has such n letter"
Il has been said that members of
General Lees staff have said that no
court was ever ordered"
II was not aware of the fact I don't
think they will say so now The court
could not have had an existence with
out the order of General Lee There
are no men who stand higher in my
estimation than the superb soldiers and
princcly gentlemen of General Lees
staff In matter of opinion on ques-
tions relating to the war | would un-
hesitatinsly yield to them but l cannot
surrender what j know 10 their mere
belief. The existence of the court hav-
ing been established the rest naturally
follows. ! have said that the court
having finished its proceedings made n
report concerning Generals Stuart and
Longstrcet, and that that report was
forwarded to army headquarters Some
time ago ! wrote 10 Colonel TAYLOR ask
Ing him If he had that report or could
tell where 1t could be found In repIy
he stated that all the Headquarters
papers We're lost, and then in the most
gcntlemanly manner intimated that the
report had never been sent Now the
existence OF the court having been
shown, If the report was not received
why was 1t not called for? IT is prepos-
ferrous to suppose that General Lee
would order court and not require n
report OF its proceedings. ] must there
fore. believe that the report was recejv
cd, and was destroyed because the Gen
ciFi had decided to proceed no farther in
the matter. and the recollection of IT
has passed from the memory OF some
most honorable men,
General. II is said that If there wa 6
a court martial 1t was appointed 10
inquire into the conduct Of General
Stuart, and that YOU had no right to in
quire rs to Longstrcct."
II admit that / have no recolloction
aS to the instructions given on that
point. but ! do not consider this NJ all
material. Red tape is sometimes no
ccSSlry, but whenever II stands I'm tho
way of justice and right II should be
thrown TO the winds. The battle of
Gettysburg is being inquired into. The
Confederate. army under Lee has suf
fcred disaster. Stuart has fallen under
ccnsure and Il court of inquiry into the
facts. and in the midst of the investi-
CATION LonEstrcct is charged with dis
obedience TO orders and as being large,
ly responsible for the disaster. Could
the court refuse to report the facts and
discharge it's duty? The court thought
not and decided to report the facts
and leave the General to sft them.
This Is an analogy between military
and civil courts. Suppose grand Jury
is investigating a murder case. They
are pressing their inquiries As to a.
under the directions of the solicitor,
when it is developed that there is equal
ly as strong evidence against "B." Must
they find true bill against a. and let
B escape? Such thing would be n
gross injustice. that no honest grand
jury could be guilty Of again. A mer-
chant is not satisfied with the condi-
tion 81 his business. He thinks there is
Il leak somewhere and he instructs his
head clerk to investigate the matter
with speed in reference to &C" The
clerk does as he Is instructed and spots