Year: 1878

GENERAL PORTERs CONDUCT ONCE MORE AR


RNGNED-sPEECH OF THE JUDGE-ADvoCAIE.


The board OfArmy officers appointed to review
the case General Ftz John Porter session
yesterday at Governors Island The day was taken up
by the argument made by Major Asa Bird Gardner IN be
half of the Government The Judge Advocate read from
a large pile of manuscript Major Gardner expressed
regret that the board was not invested with judicial
functions and power to administer oahs and To compel
the attendance Of witnesses; and that wilful false
swearing before it would fall within the statutory
definition OF perjury. He then said in part:


We are called upon to review the proceedings OF a
general court martial OF the Army Of the United states
as valid Judicial tribunal exists in the world. On
his trial. General Porter raised the point that the court
appointed bv MaorGeneral Halleck should have been
appointed by the Precedent under the act Of 1880 uD0n
the ground that the charges preferred by General Rob
be assumed 70 have been preferred 10y It's commander
Major-General Pope This objection, which was over
in reference to the object and intention OF the
act on which IL based or this court the petitioner
has asserted that it could not sit with that canness
necessary for judicial deliberations that his sentence
was undeserved and that he was improperly convicted
GERS OF such high rank since General Washington on
September 20, 1850 appointed the tribunal which tried
Major Andre This court composed OF nine general OH
GERS, after continuous session OF torty,hye
days, during which lie was defended by the Hon;
Reverdy johnson and Charles EaInes convicted
General Porter of grave offences The case was re,
viewed by observation-disclosures Holt. by order Of
President Lincoln. immediately alter the verdict and
decision Of the President the senior counsel published
July 1863, attack upOn the court That attack do
not hesitate TO saw and aTrauted


This board s asked now 20 examine into the merits OF
this case in the light of newly discovered evidence In
the original trial. the court after argument aud protest
ruled out the very testimony which here Is presented
In an appeal TO President johnson, october 16,
1867. which was not granted, General Porter
claimed TO be able TO add materially 10 the testimony.
This he has done but, as ! shall try TO show, without
changing the status of the He has brought for
ward as new evidence Confederate testimony, which
he demands reversal Of the Judgment but IN reply TO
Of limited States in March, 1870 said


All lust will agree that II Will not do to use and
land rebel testimony agaiust me-" propose TO show


that this testimony of the then enemies OF their country
Ia not newly discovered evidence IN any light that
would have entitled It to consideration.


The Army Of the Potomac, In July, 1862 after series
of battles, at HariisOu's Landing, on the james
River. The eampagn against Richmond had tailed, and
that army 10 move from the PennHula 70 Acqua Greek
for campaign General rOle was 10 opSrate 90 as
and thereby make safe the withdrawal Of the army from
Hsrson's Landing: al the aspGnes P 70 Angut @
that he considered General POpe's army separate
GSelnTmqi fSe arrival OF his chief from whom he
had been detached IN the change OF blse.
from General Pope by whom he Is informed that gen
era engagement cannot he postponed more than day
or two aid that nc must hurry Ip one OF bis divisions
General Popes order written by himself and not by
His chief staff and urgent request for haste
But this did not meet the wishes and plans Of General
Porter lie had desire TO assist General Pope In
independent movement Success, compared with the
disasters the peninsula, wOuld eKce III he country


feeling Of dissatisfaction with his Ghiet In this pref
erence and hostility may be FOUND tne Key 70 General
Porers conduct These reasons lead 10 tbe conclusion
that the petitioners conviction was Jus-hls sentence


' Tbe only witness examined yesterday was Colonel
Edwnrd D. Fowler OF No ITS Fort Greene place, Brook
yn, VINO was at the time conmand-


ing the 14th Regiment New YORK volunteer Ihe wit.
ness described the movements on August 20, 1862 OF
the brigade TO which his regiment was attached During
action from POrters corps he replied: 81 did not; but


heard sounds OF action from the place where the corps
The session Of the board will be continued to-day.