Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-08-19

his head and heart, and he started out
with the presumption that only absolute
necessity could have induced General
Butler to act as he did. The case had
been tried In the newspapers. he saids
and many things had entered into II
which should have been excluded. The
soldiers of the Virginia Regiment h9d
much better have taken their punishment
than made It a State issue. 1t was
case of military discipline. he said, with
emphasis, and State issues and State
organizations had nothing to do with 1t.
and United States senators and congress-
men bad no place in II. The man in
authority was the major-general, and
he must be the head OF the army.
II the action OF the Third Regiment
was a distinct organized effort to break
through the sentry lines, IL was tumult
which the major-general had right TO
arrest, and no military court could hold
otherwise.
WHY HE ACTED.
There are men who know the ring
leaders OF the riot said the brigadier,
and TO reach the bottom of the trans
action 1t was merely General Buffers
idea to discipline the command until the
men were given up. General Butler had
acted strictly within the legal limits Of
Article of War. No. 81, and il he had
acted in any other way he would have
violated the oath he took as major
general. Suppose, he asked the General
had neglected to go, and the negro had
been lynched. who would you have be-
fore the court-rs rtial now? There was
no sentiment about military matters.
Everything was plain matter of fact. He
did not hesitate to repeat the language
of General Butler, that the action of
that component part of the Third Regi-
ment on the night of the sth instant was
disgrace to the service and to the
State OF Virginia.
MR.. MONTAGUE.
Mr.. Montague. replying for Colonel
Male, said he understood that the funda-
mental principles Of right, justice,
and reason were alike with military as
with civil courts. and that the conclu-
sions of the court would be based on
plain, common sense, rather than on
technicality. Evidence introduced by
Colonel Nalle should not be waved away.
1t was in no sense negative. After re-
viewing this testimony Mr.. Montague
urged the court to base their report upon
the prevailing trend and preponderance
Of it. After reiterating the occurrences
OF the night OF August Sth. as brought
out in the evidence. Mr.. Montague went
on to plead extenuating circumstances
| for the few men who broke across this
lines. 1--WE are" he said. IAN emotiona
people, and It was only natural thai
these men should rush out when they
heard that one OF their comrades hat
been killed" He contrasted the evidenc,
OF some members of General Butler'l
| staff, and said it was not intended {,
plead for the guilty ones, for they wh'
committed a breach of discipline shout,
be punished, but the punishment shoul,
be commensurate with the offence. Coun
sci repeatedly asked 10 be shown a pre-
cedent for General Buffers action bu
there was no reply. Mr.. Montague SAT-
that IT was quite evident that Genera
Goblin had never read the evidence sub
mitted to the court, and challenged hin
to deny this, but the brigadier did no
answer.
BURKE QUOTED.
The American people have not ru
mad, he continued. The saying
Edmund Burke that you cannot II
dict community for the crimes
few is as true to-day as whe
is was uttered. General Goblin has sal
that the army Is involved, he continue
'I tell you that 1t Is the country and civ
llization that are involved. If the majo
general were supreme judge, as urge
by his counsel, what is the use of mil
tary court?" Mr.. Montague emphasize
the fact that the Secretary OF War cal
not discharge dishonorably any man
the service who has not been tried /
cCurt-martial. Such action as that
General Butler, he said, was not just {
right. and would run n red hot ire
through the body OF patriotism. Mr. Mo
tague then spoke of the onerous duti
that the Third Regiment was now e
/, pected to perform, and made a stroi
point by calling attention to the IA
that General Butler had ordered the su
pension of the publication of his order
circumstance that had not been brougl
out in evidence and was not general
known. The court adjourned at $40.
II. c. d.