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In conclusion, it may be remarked that in weighing the conflicting testimony of witnesses, it ought not to excite surprise that witnesses of fair reputation should differ in minute points in the relation of facts. An exact accordance in the narration of minute particulars would rather create suspicion, and tend to evince previ ous contrivance and conspiracy. The non-agreement of witnesses, therefore, on points which are not of a promi nent and striking nature, in many cases, may be no impeachment of their general credibility, and ought to be carefully distinguished from wilful and corrupt misrepresentations.*

* Simmons, 481.

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APPENDIX.

APPENDIX.

No. 1.

Form of Order appointing a General Court-Martial. THE last paragraph omitted when the court can be kept up with thirteen members.

SPECIAL ORDERS,
No.

WAR DEPARTMENT,

ADJUTANT-GENERAL'S OFFICE, WASHINGTON, Feb. 26th, 186-.

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A general court-martial is hereby appointed to meet at West Point, New York, on the 5th day of March, proximo, or as soon thereafter as practicable, for the trial of such other prisoners as may be brought before it.

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No other officers than those named can be assembled with

out manifest injury to the service.

By order of the Secretary of War,

L. T., Adjutant-General.

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