A GALLANT SOLDIER AND ABLE LAWYER GONE. GEN. JOHN H. MARTINDALE, OF ROCHESTER DEAD--HIS SERVICES TO HIS COUNTRY IN TWO WARS--THE BATTLES IN WHICH HE FOUGHT. A dispatch from Nice, France, yesterday announced the death of Gen. John H. Martindale, of Rochester, a gallant soldier of the Union and a lawyer whose abilities have long commanded the admiration of the people of this State. John Henry Martindale was born at Sandy Hill, Wash- ington County, N.Y., March 20, 1815, his father be- ing Henry C. Martindale, who represented the Washington district for 10 years in Congress, serv- ing as a member during the Administration of Monroe, John Quincy Adams, and Jackson. In 1831 he entered the United States Military Academy at West Point, from which he was graduated July 1, 1835, third in the class with Gen. George W. Morrell, Gen. Joseph Roberts, Gen. Horace Brooks, Gen. H.L. Kendrick, Gen. James H. Stokes, Mont- gomery Blair, Gen. George G. Meade, Gen. Henry M. Naglee, Gen. Henry Prince, Gen. M.R. Patrick, Gen. Benjamin S. Roberts, Gen. William N. Grier, and others who gained distinction in the Mexi- can war and the war of the rebellion. He was promoted Brevet Second Lieutenant of the First Dragoons, but not desiring to stay in the Army, re- signed in March, 1836. For a time he was assistant engineer of the Saratoga and Washington Railroad, but having taken up the study of law, he was in 1838 admitted to practice, and began business in Batavia, N.Y. Four years later he was appointed by the Court of Common Pleas to be District Attor- ney of Genesee County, and held the office until 1847, when, at the first election under the Constitu- tion of 1846, he was chosen to the same office, hold- ing it until 1851. He removed from Batavia to Rochest in 1851, where he continued the practice of his profession with great success. When the war of the rebellion broke out, he promptly tendered his services to the Government. On Aug. 9 he was commissioned Brigadier-General of Volunteers, and was assigned to the command of the First Brigade of Gen. Fitz John Porter's di- vision. His brothers, Col. Edward Martindale and Brevet Major F.E. Martindale, and his son, Lieut. Edward H. Martindale--including every adult member of the family--entered the service at the same time. Until March of 1862 Gen. Martindale was engaged in the defenses of Washington. Mov- ing to the front with the advance upon Richmond by way of Yorktown, he participated in the dis- astrous Peninsula campaign, bearing an espe- cially active part in the actions at Yorktown, Han- over Court-house, Gaines's Mill, Mechanicsville, and Malvern. At the battle of Han- over Court-house, contrary to the or- ders of his superior officer, he assumed the responsibility of placing his troops in a perilous position. While in actual fight Gen. Porter ordered him to retire. It was manifest to Gen. Martindale that Fitz John Porter was mistaken in the situation of the rebels, and that obedience would expose the whole left flank and rear of the Union force to assault. With the Second Maine Regiment he confronted the whole force of the enemy until joined by the Forty-fourth New-York and a fragment of the Twenty-fifth New-York and two pieces of artillery. With this body of 1,000 men he held the enemy at bay until Gen. Porter's command joined him, when the preponderance of force was so much in favor of the Union troops that resistence was use- less. Major-Gen. Griffin afterward said that if the advice of Gen. Martindale at Yorktown, Hanover, and Gaines's Mill had been heeded by his command- ing officers the result of all those battles would have been different. On the retreat from Malvern to Harrison's Bar, the army having won a victory at Malvern, the troops were aroused at midnight with an order to retreat. In obeying the or- der the wounded and dying were left on the field, and many commands utterly scattered. For two hours Gen. Martindale halted at the head of his command, endeavoring to preserve order. By the order of a superior officer a part of his com- mand had started without his knowledge, and were well in retreat when he found himself in the midst of a body of disordered men. Indignant at the promiscuous rout and the desertion of the wounded, he declared to some of his officers: "Let us stay with the men and surrender rather than abandon them." The retreat was continued to Harrion's Bar, where Gen. Martindale was prostrated with typhoid fever. He was taken to Washington and hovered between life and death until late in August. While thus prostrated and helpless Gen. Fitz John Porter preferred the charge against him that on the re- treat from Malvern he had proposed to surrender his brigade to the enemy. Whether founded in malice or not, these charges absolutely perverted the expression which Gen. Martindale had uttered in his humane desire to shield his sick and wounded comrades from the rebels. As soon as he had sufficiently recovered, Gen. Martindale demanded a court of inquiry. This court, composed of three General officers of the highest standing, met in Washington, and entirely and promptly exonerated Gen. MArtindale from the charges against him, and reported that they were disproved by Gen. Fitz John Porter's own evidence. It was a mark of confidence that the Administration immediately made him Military Governor of Washington, a position of critical responsibility, requiring both civic and mili- tary ability, and it was further in the line of approval that he was brevetted Major- General for gallant services at Malvern Hill. He was Military Governor from November, 1862, until May, 1864, when at his own request, he was re- lieved and ordered to join the Army of the James at Fortress Monroe, under command of Gen. Butler. Gen. Martindale commanded a division in the movement toward Petersburg, particularly in the battle of Swift Creek, and in the movement toward Richmond took part in the battle of Drury's Bluff. Joining the Army of the Potomac on June 1, 1864, at Cold Harbor, he took part in an engagement on that day, and in others from day to day until June 12. In the severe assault of June 3 he was in the thickest of the fight, and one- third of his command were killed or wounded in an hour. He was present at the assault on Petersburg on June 15, when the outer defenses on the north- east of the city were carried by the Eighteenth Corps. When Gen. W.F. Smith retired, Gen. Mar- tindale took command of the Eighteenth Army Corps, and retained it until, on Aug. 9, sickness compelled him to resign his commission, to the ex- pressed regret of Gen. Butler. The xposures of the war undoubtedly hastened Gen. Martindale's death. Since he left the Army he had always been a sufferer from rheumatism, which developed disease of the bladder. For months he had been in feeble health, and several weeks ago, in company with his wife, he left Rochester for the South of France, in hopes that he might find helath in the mild climate. He had reached his destination when the news was re- ceived that he had been seriously ill on the jour- ney from Marseilles and was completely prostrated at Nice. In the Fall of 1865 he was nominated by the Re- publicans for Attorney-General, and was elected. He filled the position with great ability. Since the expiration of his term of office he has continued to practice law at Rochester. He was well known to the Bar of this State, highly respected for his attainments, and personally was one of the most popular, as he was one of the most attractive and genial of men. In appearance he was of me- dium height, strongly built, erect, with a carriage betraying his military training, and with a fine head well set upon good shoulders. A vigorous growth of steel-gray hair and a well- trimmed gray moustache gave character to a face that instantly attracted attention, and the 66 years of active life had not dimmed the brilliancy of his eyes. Politically he was orginally a Whig, but afterward a Republican, taking part in the con- vention which organized the Republican Party. Gen. Martindale has within the past two years gradually withdrawn from his law practice. He was connected with various local enterprises, and up to two years ago was Vice-President of the Na- tional Board of Managers of the United States Sol- diers' Home. Gen. Martindale was married, in 1840, at Batavia, to Emeline M. Holden, daughter of Hinman Holden. His wife was with him at the time of his death, and he leaves one son, Henry Martindale, of Iowa, and two daughters--Mrs. James Breck Perkins, of Rochester, and Mrs. Wil- liam Kind, of Albany.