logan
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Posts: 202
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Post by logan on Apr 9, 2023 7:28:23 GMT -6
With Custer dead there was no way to defend himself, judged instead by public opinion.
If he had lived and had faced a court martial, he would have had many rights, such as -
right to be presumed innocent until proven guilty right to control one’s own defence e.g. selecting one’s own defence counsel right to hear a full and precise statement of the charges made against the accused right to have adequate time and resources to prepare a defence against the charges right not to incriminate oneself right to summon witnesses right of cross-examination right to introduce evidence which supports acquittal of the accused right to exclude evidence that is improperly obtained, irrelevant or inherently inadmissible, e.g. hearsay right not to be tried on secret evidence right to exclude judges or jurors on the grounds of partiality, prejudice or conflict of interest right to have a verbatim stenographic record of the trial proceedings created right to have no interference or undue influence made by external agencies e.g. political or military leaders right of appeal against conviction
The list demonstrates that the law when utilised properly would get more to the truth than guesswork, even educated guesswork
(note - I kept this to hand throughout the years I defended the officer I study, against a majority opposition. It constantly reminded me of what a fair trial consisted of, instead of damning the defenceless dead)
Added for interest
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Post by tubman13 on Apr 17, 2023 5:49:10 GMT -6
Custer couldn't have had a better defense in any courts martial, than Libby gave him for over 50 years.
Rarely discussed are George's first two attempts at his "Last Stand", Trevillian Station and the Washita. Recon and planning were not his strong points.
Regards, Tom
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Post by noggy on Apr 18, 2023 1:19:47 GMT -6
Custer couldn't have had a better defense in any courts martial, than Libby gave him for over 50 years. Rarely discussed are George's first two attempts at his "Last Stand", Trevillian Station and the Washita. Recon and planning were not his strong points. Regards, Tom When you combine that with the Western world's (maybe the rest of it too?) fascination for "Heroic Last Stands", no matter how true they were, you got one hell of a recipe for a myth. Noggy
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Post by tubman13 on Apr 18, 2023 4:15:29 GMT -6
Three strikes and you are out!
Regards, Tom
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logan
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Posts: 202
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Post by logan on Apr 18, 2023 5:47:22 GMT -6
Interestingly, before I fully started studying the officer in my other subject, I was advised not to get any of the books written by his brother and any friends, as they were ‘too close to the person’ to be impartial.
I’m ashamed to say, I listened to this advice for several years, but during this same time found out there was much more to this, as it seems efforts were made to prevent in a way, acquiring these books which might’ve gained sympathy for the officer, plus I understood very well by now the people I was debating/discussing him with, troubled by the animosity to my investigation and aversions to answering my questions which were in-depth not the usual ‘run of the mill’ harmless ones that kept being raised by others.
Needless to say, I now have these sort of forbidden books, and the one written by his brother is like a full-on investigation by Sherlock Holmes, he was absolutely fearless in his questioning of superiors and others, never letting up, letter-writing and so forth, risking his own reputation in defence of his brother.
I’m so very glad to have found these men, both to be admired for different reasons, but heroic nonetheless.
I know Libbie was a thorn in the side of everybody connected to the Custer controversy, never giving up on her husband until her own death.
However, if there had been a court martial of Custer, if conducted honestly without interference, there would have been an official record of the proceedings, the transcript including evidence given by Custer himself and that of Weir, either written or on the witness stand.
What a book that would have been ! Unlike the Reno Court Of Inquiry where obviously these two main participants were dead.
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Post by herosrest on Apr 18, 2023 7:49:22 GMT -6
The clouded fear of Courtmartial hung over seniors undertaking the various campaigns on the Plains, in 1876; after the awkward events of the the fight on St. Patrick's Day at Powder River. Crook brought Reynolds up on charges which brought about the end of his military career and was a matter in the back of mind for all those senior subordinates tenting and tramping Montana that summer into autumn before returning to barracks. I will say that the situation for campaigning was dire, although similar circumstances were overcome spectacularly at year's end and after by 5th Infantry along the Yellowstone. Crook's soldiers had to heat their forks in the coals of fires to prevent them freezing to their tongues. A blizzard on March 5 deposited over a foot of snow with temperatures so low that thermometers could not work. It was a miracle of note that the destituted Cheyenne inhabitants of TWO Moons camp, survived more than one night let alone travelled west by north to succour under the wings of Minnieconjou and Hunkpapa winter roamers with Sitting Bull's band. Here, find a Journal article on the Court-Martial of J. J. Reynolds. Membership of JSToR is free by registration providing access to tombal literature of surprising breath, width and hot diggedy dawg face-slapping obscurities. Reynolds was also, at that time, on fire on several fronts and seems by tads, to have somewhat over-valued and over-played desires for comfort, wealth and the fluffy wonder which bunnies bring. It was one of the coldest Springs on record and a number of wounded were left to the mercy of those whom they destituted - which didn't go well for them or the entire military force with Reynolds who were entertained by the spectacles of torture held just beyond any distance where something might be done to end misery and tortures. Now, remember Custer - keep hold of your wounded!
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logan
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Posts: 202
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Post by logan on Apr 18, 2023 8:13:48 GMT -6
I’ll soon be reading the book ‘The Court-Martial Of General George Armstrong Custer’ by Lawrence A. Frost, detailing events several years prior to LBH.
It was actually reminding myself of this book that I wondered what it would have been like if there had been another court-martial of Custer after LBH.
There is a novel based on this scenario, but although very good, it is fiction, so can’t be compared to what would have been an official historical trial, the latter would have been a fascinating publication to own, likely a tome of many pages to be studied and discussed on forums such as this, with a wealth of first-hand info obtained under in-depth questioning in a courtroom.
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