The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-01-10
FIRST EDITIO
THE COLORED CADET.
|Continuation of the, TrIRI-The BanIsh'

cadets.
The trial of Cadet James w. Smith was con-
tinued yesterday. The examination of Cadets
Bailey and Birney occupied the day. Other
witnesses remain to be examined, and the trial
will probably consume three days more. Be-
sides two or three representatives OF the press
there have been present but few spectators. At
rjfirst 1t was assumed that as the charges SO fatty
contradcted Smiths statement the trial would
be very short and that thereafter he would be
very promptly dropped from the rolls.
To the surprise of everybody, however, the
charges that seemed so conclusive have gradu-
ally become rather foggy. Witnesses have
indeed sworn to what they were expected to
swear to. They have disciaimed under oath
the language which in his formal explanation"
he had imputed to them. Caset Anderson has
ksword that he didn't step on Cadet Smiths toes
$-and yet Cadet Smiths prospects have been
Frightening during every day OF the trial.
Yesterday morning When Cadet Smith ap-
klpeared at the courtroom, he looked WELL and
bis air was self-possessed. He is provided with
table at the right of the Judge-Advocate and
losely watches the witnesses and the Court
hot with a perturbed or downcast look, but
earchiDgly. When the direct examination of
he witness is concluded, he hands to the Judge
advocate his written questions, to be pro-
bounded in the cross-examination. The ques-
ions are always well framed written in his
bwn hand, and evidently prepared as occasion
Earises. Several times one member and another
fof the Court objects to question;
1.-THE court is cleared for deliberation; loud talk.
4 ing is heard within; the doors are presently
4 kreopened and in every case, the decision is
ANNOUNCED to be "Obiection overruled," and
the questions are again put. Sometimes, it
must be admitted, the questions we're such as
could only be permitted as indulgence, aud
Esperhaps were not strictly legal: bat numbers of
the court, and especially the Judge Advocate,
Vim behalf of the prosecution, expressed q mag
hanimous disposition to allow the widest
latitude In the cross-eXamination.
At least two of the witnesses who have been
allied 10 testify against him have betrayed such
oalin OF NM cI1nha nnfu IN
ng their testimony, that his own composure
And patient welding of his right to examine
have created strong impression in his favor.
This is especially the case in view of the fact
that 1t is found that the case turns simply upon
khe question whether or not Cadet Anderson
)Xstepped on his toes; ard this question, it is
already found, can only be settled by an agree
Rnent between Anderson and Smith upon the
point, no other person being able to say that
Henderson might not have done so.
The other question, as to what Cadet Smith
|eays he heard Cadet Birney say, at the time,
|siDks into unimportance beside the former; for
Dit has become clear that Smiths attention was
distracted by some unusual cause so that he was
found looking to the right when he should have
been "dressing" to the left
A fact should here be stated, which has not
yet been brought to the attention of the Court.
but which is we'll understood by at least some of
the officers concerned:--It is that some two
months ago Cadet Smith officially complained
to the Commandant that Cadet Anderson had
been annoying him by wantoniy standing on
his toes when he could do so covertly, and An
herson was called to account for the offense.
Anderson gave the explanation that, 'if he had
Trod on Cadet Smith toes, he had not meant to
10 So" The examination of Cadet Birney yes
erday was a remarkable scene. He is about
he same age as Smith, and the contrast between
bis personal appearance and that of the accused
was singularly effective.
Smith rapidly handed over his questions, when
the direct examination of Birney was concluded;
at last it came to the point, 'Why have you
pursued this course with regard to Cadet
smith?" and the answer came promptly, BE
cause think he has lied" Cadet Smith bore
this in a manner which, at all events, led
lookers-on at the trial to believe that the charge
was unjust.
THE 'BANIsHED CADETS"
Cadets Baird, Barnes, and Fleckinger have all
returned to the Academy and have rendered
their designations. The members of the First
Class who expelled them by mob violence
have not yet been held to account although,
now that the secret is out, they do not pre-
Fend to deny their share in the transaction. Be-
tween the Smith case and the expulsion affair
the officers of the Academy find their hands full
of business.
The First Glass men are understood to be
somewhat nervous on account of the ominous
silence of the authorities. The Fourth or
lowest class have taken the pledge, since the
affair of Baird. Barnes, and Fleckinger, and all
the Glasses of the Academy are now bound,
upon honor, to abstain from Intoxicating
liquors.