Year: 1879

tDey leu Inc evidence upon TINS subject was INTRO
duced by the accused under the assertion that he would
show fact which would have justified him in having
made tho nbels complained Of the charge against
General Hazen Of being impostor. Tho coun-
sol of the accused in the first instance stated the
object OF the evidence but the accused apparently not
arose in court ana said o. let me- state It.
am accused and ore OF the serious accusations
There mpostors for there are imposters
whose impositiOns will last TO all eternity. The
the greatest impostor the world conceive Of.
We wish TO show why this monument was raised
scriptOn 10 which we want to call attention Ia this
the east side Erected 1858. upon the ground where
language OF the order that mg have tie
full benefit Of the position he has assumed and At Tie
OF the attitude in which he has placed himself man
VINO efects monument 10 perpetuate falsehood may
postor. But he that would attempt to tear down by
libel upon either the dead the Living Is certainly no
less an impostor than he who falsely erected IL.


GENERAL sTANLEY's PERSISTENT MALICE.


It is settled principle of law that you may find
malice I'm the libel ITSELF and know that modes OF
expression, and especially needless repetitions OF
defamatory charges. compel us to the conviction that
vindictivcness and animosty stimulate the accused
The accused in this in September OF 1877, adj
dresses lbellous communication TO General azen at
Vienna This alone according to the criminal law, was
sufficient publication Shortly afcrward he exhibits 1t
TO General Belknap and gives him copy, which il in
dustriously circulated In the following December this
same communication appears III public journal OF
he publishes bv procurement similar defamatOry state
ments in reference to General Hazen in one of the lead
thfst ti7 WAT was M hMis mpivel Can anyone ac-
qusinted with human nature assign any other cane to
il than those sentiments Which call NlndlcVeness
aud macci But the extraneous evidence stieDgthens
The conclusion that these were the sentiments Dy Nh
he npcled. In his conversation with General Nc
RS2n III in terms If severity In another conversation with





1916 he speaks Of General Hazen III the most deiama-
tory and abusive terms and declares to his purpose TO
arrest his career.


IHE HONOR OF THE ARMY IN QUESTION.


The counsel for the accused has during the progress
Of the trial repeatedly urged upon the Court that this
case should way be regarded one in which, by
the judgment TO be pronounced General azcn, should
obtain any vndicaton of his injured character am
very familiar with military Jurisprudence but 1t
to that General Hazens character IS not only


this case, but that 20 greater or less extent
the character of the Army Of the United STATES ana OF
It's system of jurisprudence also at issue as wen as
tho guilt or innocence OF the accused. there Is
principles Of honor should be regarded more oblga
tory tnan mandates Of law IT is that class known as the
Army Of the Ulited states, ana II there is any oass oI
men among whom unfounded deiamatory and injurious
accusations can work mischief TO individuals aho
OetTment to the public service ~ Is tDe Army OF ue
United states AS within ITSELF according to the order
respect necessary TO cheerful subordnati0n In It's
relation the private citizen Its Ccers are seldom per
mtted TO reside Sulncentv long III dhy Oho
locality to establish upon a sond pasls All
individual and personal character among the people.
They are accepted as her p dnpfry
Of their position in the service OF tneir county.
Whether. therefore egard the officers OF the Army
cyllians YOU cannot appreciate that disastrous
consequences follow unjust aspersions ana cohse
qenty you cannot hesitate 10 recognize that the dignity
OF your service may require severe though palhIui
remedies


RESPONSE TO GENERAL STANLEY.


The following statement prepared by Mr. Merrck to
meet the letter addressed by the accused man TO the
Court was then read by the JudseAdvocate from manu-
scripts


The learned counsel for the accused to have
some theory hich confess unable TO understand,
as 10 the right officers of the Army to be exempt from
those rules Of presumptiye evidence which are applied
to the acts of ordinary His own ideas on the sub
ec are apparently not perfectly clear He maintains
that every officer must be presumed 10 be gentleman,
therefore that whatever he does must be presumed 70
be right This the substance of his theory and sup
posing in Difference to him, there may be some ground
for the rule he has laid down. how does 1t apply to
case between two persons both OF whom are officers
The rule must operate equally and alike az
to all who are members OF the exceptional
against officer that he published an accusa-
tOn OF infamous conduct against another Officer
made such publication was false. But hit should be
publication, then the presumption would be that the
accusation false IL will be thus seen that the Iulo
of presumption would operate equally in favor OF the
one and the other according their respective relations
to tho acts done. The extraordinary paper signed by
inc accused and read by his counsel his defence
firms every word that have said in reference 10 his
deep, vndlctlve and aggressive malice In that paper
be not only reirs his conviction OF the truth or tne
detarnatoTv charges he has heretofore made against
General Hazen, but apparently defes the Court TO
convict him, Notwithstanding the evidence adduceI,
and announces his purpose TO act toward any other Of


whose character and conduct DO not meet his no
lions OF what they ought 10 De In the same manner IN
which has actcd toward General HazGn. III this Court
thinks he should 90 forth to purify ana purge hc Army
Of the United states III the exercise OF unuisclhed pas
sion he certainly should be allowed charter for that
purpose in Judgment OF acquittal.


this paper It's relation 10 the case contains yet
more statement ana solemny asserts that there
II now on file the Department at Washington an ap-
pcatiOu by General Hazen that ne should DO appointed
QudrtemasteTG neral. Is II in accordance with the
proprieues OF tins rial ahd consistent WIN the dignity
of THIS Court that such statement shOIu D. hade at
this OF the proceedngsf III such an aPpcs ION Is
on file II Washington why did not the accused pro
duce a certified copy OF it evidence III the casef Why
did ne wait make such accusation until presenting
thinking man. have other effect than to excite
the belief that he endeav0rng to deude the Court by
the assertion of that which he did not dare TO assert
under oath, and which he knew he could not establish
Dy prOon This extraordinary statement can only be
accounted for the ground that his vndctveness has
entirely his prudence and subjuglted his un
deIstandms. But something further must be said, as
due public justice and to honor and truth am all-
thorzed TO state behalf of General Hazen tnat no
such application has ever been made or filed by lm or
by his authority with his cOnniyauce, consent or
knowledge and far ne knows, the statement that
any application is now OF ever war on hie i'll the
Department at Washington OF eisc"heIel ls uIOuhueu
and untrue.


RespecIfully asking from the Court that it will seri
OuSlJ cOL-ldef VI I'tu Stat'o
are TO be protected ana justified. under system Of
military jurisprudence, adopting the methods pursued
by General Stanley III libelliug and dciamiug one an
other and whether these methods are III harmony with
the principles OF right justice and honor that dstin-
guish profession OF the soldier submit the case


CLOSING ARGUMENTS IN THE CASE.


Whether the letter OF General Stanley to the Court
presented with the approval OF his counsel not Cen
era Mcmahon manifested considerable uneasiness dur
ing the reading OF the denial IN behalf or General a
that he had made application for the position
Of The attack upon the theory
the counsel for the accused and the ingenious man
OF considering the relative positions Of the two off,
GERS, seemed also TO render him nervous. When the
Judge-AdyOcae had concluded, General Mcmahon rose
nrnmnflY and snid don't think II Is ncceesarY 10