459 Series I Volume XVI-I Serial 22 - Morgan's First Kentucky Raid, Perryville Campaign Part I
Page 459 | Chapter XXVIII. GENERAL REPORTS. |
evidence will criminate him, and being a lawyer understand the meaning of this, he has a right to decline answering it upon that ground.
The PRESIDENT. As to the power of the Commission to compel an answer he be citizen or soldier, i have no doubt. The witness in this instance may understand, however, that this court has no criminal jurisdiction nor can a prosecution be begun or entertained in it; neither is it intended that answer given it by witnesses shall be used as a foundation for any prosecution in any court of competent jurisdiction. It is proper to say in addition that it will be well for the witness to consider how his answer may affect his relations with his neighbors if his residence should be in a secession neighborhood.
The WITNESS. With that explanation I am prepared to answer.
General BUELL. Before the witness proceeds with his answer i wish to enter my formal protest against the question and all questions of that character, the tendency of which is to deter and intimidate my witnesses, both in appearing before the Commission and in giving their testimony. There is nothing more certain than that it has no earthly bearing upon the matter you are investigating, and there can be no charge made that it affects the reliability of a witness or the validity of his testimony. I repeat to you that it has the tendency to intimidate witnesses before the Commission. There will be a vague apprehension of something-nobody knows what-in the minds of many men when such questions are put to them before this Commission, the object and the authority and the legal sanction of which are not understood anywhere.
The preceding remarks of General Buell having been, according to rule, read aloud by the recorder, who read "intention" instead of "tendency," General Buell proceeded:
I will suggest from this particular case the importance and justice of an examination of the record that is made of the remarks of all persons. You see in this instance how important an error was made by the recorder. The day before yesterday I was refused the privilege of revising the remarks I made before the Commission.
The PRESIDENT. I beg your pardon, general; it was no refusal of the privilege. It was intended, as has been the rule, to allow you to have a copy of the proceedings to examine afterward, and in this particular case to make any correction in your remarks if any were required. It was not intended to debar you from the privilege accorded you by the Commission, but only to expedite the proceedings of the court.
General BUELL. Will you allow me to remark on the inconvenience of correcting a particular word after it has passed two or three days?
There is a difficulty, too, in remembering what was actually said; besides in the case referred to the Commission had already decided against the privilege of correction before I proposed to have the record read for emendations.
The PRESIDENT. The Commission required the record should stand as it was; nevertheless you will remember, general, I said you could have the record to make any alteration it might require, and that privilege you have now.
General SCHOEPF. There are only two instances in which such questions were asked; consequently the statement of General Buell that it intimidates the witness is not a fact.
General BUELL. Commission suppose that if questions of
Page 459 | Chapter XXVIII. GENERAL REPORTS. |