Publisher's Synopsis
Excerpt from Opening Argument for the United States in Rebuttal in the Case of Fitz-John Porter, Before the Advisory Board of Officers: At Governor's Island, N. Y., October 2, 1878
It further appeared that there had been a previous military commis sion ordered to try the accused, but which was dissolved without action, and relative to which the accused alleged that (p. 9, court-martial Record) the subject-matter of its investigation was charges preferred against him 4 by Maj. Gen. John Pope.
In reply, the judge-advocate of the court said, referring to the previous military commission, that, in point of fact, no charges were ever pre ferred by major-general Pope; that commission was dissolved and the general court-martial appointed, as first stated that there was no reference in the order appointing the court-martial to General Pope at all; and further, that he wished to state distinctly that major-general Pope was not the prosecutor in the case, nor had he preferred the charges, nor did he, the judge-advocate, present them as being preferred by him.
As the accused did not pursue the matter further, the court was cleared for deliberation, and very properly overruled the objection.
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