The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-05-06
Great Trials Of History.
TRIAL OF r1rz-Jous PORTER.

connected directly with the civil War
was, that of l'it2 John Porter, who was
1852. and for time was deprived OF
MS comn,ahd Porter was member
OF "A family eminent for their fighting
qualities. and n descendant OF David
Porter. the naval commander OF the
Revolution.
Fitz John Porter served during the
Mexican War, aud during the civil War
he rose rapidly until he became "a
cnraged, prominently IN The second
battle of Bull Kun. fought August 20
dnh 80; l SID The cni%n army WAN
against Porter for his inaction on the
nrst day. lie WAS deprived OF his com
mand, but was restored to duty at tho
roucst of General George Is. Mcclellan
and took part In the Maryland cam
paign.
on November 81. 1862. General Porter
was arraigned before a court martial
in Washington. charged with disobey-
he was cashercd and forever dis.
qualified from holding any office under
verdict has been the subject of much
controversy,
The reasons given by Porter for his
fai!urc TO 20 Into action when ordered
were: first. that he considered himself
under General McDowcli's orders. who
front for the battle; and, second. that
MS 'front.' tnat ne would have been de-
featcd had he attacked
General Mcdowell stated before tho
court martial that. so far from saying
that they were too far front for battle.
he directed General Porter. before Icav,
ing him, To put his corps into action
where he was. and that he tMcDowelD
go Into battle there
oy The 20 officers oiis wA1 sat in Judgment
Hunter and +. a. Hitchcock and Brig
adler Generals Rufus King. 3. NJ. Prem
Us us, James 3, l. b., KiekettS; silas Casey,
j. J. slough. with Colonel Joseph Holt,
judge advocate general of the army,
The charges, exhibited to the court
we're we're preferred by Br:gadier-General
the occurrence. The first charge. laid
under mo ninth article OF war, alleged
I'VE instances Of "disobedience OF or
aeIs the second charge. laid under
the nfty second article OF war. CON
la!ned four allegations covering two
tn. enemy on the 23th and 3Oth.
Of having .disobeyed three Of General
shamcfully disobeSye,d the ,t'G latter 1r'I ors
der: ana Of having retreated without
mmot guilty OF having permitted Grif-
ms ana Piatts briEades To leave the
nntiieael@ ana 20 70 Gentreville: The
enemy on the 30th was Withdrawn.
In substance. the charges on which
IoTtcr was convicted were two--that
he disobeyed General Pope's order to
march at ! y. NJ. on the 2Sth, and that,
attack, but retreated. on the Goth.
Thc sentence OF the court-martiaI
waS delivered orr the 10th of January,
1868 On the 21st OF January this sen
COIN. During the next fifteen years
General Porter continually applied for
Il rchcaring Of the case, in the light
OF evidence newly discovered or not
available at the time of his trial
ON the 18th OF April. 1878, President
consisting OF ADVERTISEMENT John M.
Schoticid, Brigadier-C;cncral Alfred III.
Terry and Colonel George w. Getty,
TO examine the new evidence in con-
nectioh with the old. The new evil
fence consisted largely of tho testi-
nony aud The official report of tho Con-
icderatc officers which could not havo
been known at the coUrt-martial.
the advisory board, which held its
sitting at West Point, in July, 1879,
set aside the findings and sentence of
Inc court-,nnrtial and to restore Porter
10 his rank I'm the service from the
GATE or his dismissal. In the absence
81 any Legislation. President Hayes con-
sidcred himself as without power to
proceedings and conclusions Of the
board for the action OF Congress On
the 4th OF May. 1882, President Arthur.
ny letters patent. RENTED as much
OF the sentence OF the court as had
not been fully executed. and thus re-
iieved General Porter from the con-
tinuing disqualincations to hold Office
On August Z, 1856, he was placed on
the retired list Of the army General
Porter died III 1901