New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-10
THE COLORED CADET.
CONTINUATION OF THE TRIAL-THE BANisHED
CADETS.
Tho iIinl Of Cnlnt In,nns w Smith Naa CON-

to be examined, and the trial will probably consume
three DAYS Beside two three representatives
OF the press there have been present few spectators
At first it assumed that, the charges fatl con-
tradieted Smiths statement, the trial v,,d no o.rx
short aud that thereafter be would he very nronntlv
| dropped from the rolls. To the SURPRISE OF
everybody, however the charges that seemed %
conclusive have gradually become rather foggy.
Witnesses have indeed sworn 10 what they were CT
reeted to swear TO- They have dsclaued under oath,
the language which in His formal explanations ne had
imputed TO them. Cadet Anderson has sworn that 70
didn't step on Cadet Smiths tocsand yet Cadet s1h's
prospects have been Frightening during every day Of the
| trial. Yesterday morning when Cadet Smith appeared
at the Courtroom he looked we'll and his air vas SELF
possessed He is provided with Table At the right 81 tho
! Judge advocate, ard closely watches tho witness
cast look. but searcLingly. When the direct exam
| nation OF tse witness Is concluded, he hands
pounded Ia the crosse Xamnaton The questions no
always well framed, written ia MS own hand and evil
member and another OF the Court objects 10 question;
heard Within tire doors presently rcOpened and in
every case, the decision is announced TO be CORRECTION
overruled" and the questions again put Sometimes,
it must be admitted the questions were such could
only be permitted as Indulgence, and perhaps were not
strictly legal but numbers Of the Court and especially
the Judge-Aduocate in behalf OF the prosecution.
pressed magnaminous disposition to allow the widest
latitude in the crossexanl1atIon.
AtlA2t Leo 81 a. WHO have been called 70
testify against him havo betrayed such feeling ana az
times such confusion in rendering their testimony that
RI own composre and patient welding Of his right to
examine have created strong impression Ia his favor
Tffs IS especially the in view OF the 1act that II Is
found that the case turns SIMPLY upon "a, te quesaoa
whether Cadet Anderson stepped on hs TO- ana
this ae f. already found, can only be scttcd ~
an agreement between Anderson and Smith upon me
mhf not have done So The other question % what
Cadet smith says he heard Cadet Bey say at tl,ne,
become clear tha Smiths attention was distracted py
unusual cause, so ta he was iond gokins ~ t"o
rght when he should have been dTess ng to the lCf
hra IsS t4 f atoen Of the Court but which h well
| M d.r TODD y AZ
II is that some two months ago. Cadet smith ,On,
ANNOYING him by wantoniy standing on his toes when ne
could do eoyortly aud Anderson was eaed 70 aeeu'
i, he had trod on Cadet sh's he had not meant
to do So" The examination OF Ca9et b tE ace ~
Saith end tho contrast between his persona appearance
AMI that OF the accused singuarly effective a.,
smith RAPIDLY handed over his questions, when inc
direct cx animation BiIey concluded; at last u
S g t 10 tS pt To- cadetsmh and the
promptly, Because think he has he'd. 10, t1,et sea
at the trial to believe that toe charge was ulj9,t
porI Anderson He gave Lis testimony in IN, clear,
STRAIGHTFORWARD manner, and eyidenty W!ln9n' So
s0hfet cooring OF ejuce against Caiet slth, INC
wines explained the circumstance. Of the case a tnSy
ar already understood with reference 20 ts aeea
parties in the rans he ad MOI hea ~ i;ls
follows:
"Dld any reason occur to you why no Cadet SMITH
was loOir the wrong direction after the command
! to dress 10 the left' had Deen gwen"
ton That he lad taxed With other cadets eenerly
about the eirsust nces Of me GO e. but not 81 e"y
BY the accusad' Dd yoa over speak ~ Cadet Ander-
son 10 respect 10 tins caSeF
"Dd you ever sneak to Ca let Birney as to the effect Of
your testimony in this ease g
ne accused explained hat his intention was TO fnd
fst he Vifeses as TO * evidence they should oer
Court reopened. and the objection oEetrled INe q"os
'' onsson py accused: .Wl you state what
ton you had with Cadet Anderson with respect ~ 'hs
Objected TO- and objection oyerE!led .,o,
by Sedas5d viii you state tic conversation held
with Cadet 1umford q,
"I 40 not not remember . -, - a, -.
Cadet VIM. G Blrney vi the Third Ciass Was '"e he''
Question by Judge Advocate"Dd ycu il Deeemhsr
last have any conversation WIN Odbe' A"u'19'" WIN
reference 70 he aGcusedp ,.... ,,,
"Eo; rad no conversation; that II, II Won mean thas
Cadet ADGerson spoke 20 me; at the SuaId unity
when tao were at place rest, / noted Ca!es
Smith looking around and .aiiPi az III. l , IN
what said, but saw ~ be T%s p sslax teh
soke 10 Cadet Anderson st he should not compounds
| his dignity that was All l said ,,, -, a.,
by aeeused; How did y0q sHo" ''a'
II saw him looking AT him" .,,...
From tie way in Which Cadet Smith stared at Ander
what did you mean by saying, Don't compromise
f dont Know that can explain the words further
than they explain th.nsei , Rev a. 70 tho effect OF
w o sir"
"Have you ever had any conversation with Cadet
Bailey in respect to tie testimony you ~oaid give 10
tits ease If 80, please state H." -. 49,, 81, cd,
It this point Cadet Smith asked to have the Court al
iourned so that he Ing ut attend eAannatloh AFPe"
The accused then proceeded with crossexamhaicD rs
Were you so confident OF the circumstance Which
TRANSFERRED and OF which you Nel" NOT an t3tNlthNe IA
10 cons ieatiOusly call C-lct ~. % larE 49, -.
witness or r ,'',n q.
Entirely as 20 what C9Je' Smith sad said"
"Haye you ever had any copypl ttOu villa t.dct An
dersOn la e,pect Ia what Guild testify Do tIa ,.t -
"Yes; stated tbat w0no be aDie TO swear that ID
not make the REMARK that Cadet sAith accused ne 81.
:" Have you ever mad any conversation with Cadet
MW Y, az 10 what you would testify IN ms casey
Did yOu ever speak to Cadet Bally rs to what yoo
thought would be the result Of this trial T.
"No I only said thought soand-so nhghtht'
Have You EXPIRE ,sed any desire as to tic rcsu
planned that he wished to nnd out whether the win.s
had prearranged their course OF evidence OBJECTION
CExpanstOn) }" That is VIVA, you hoped TIE resan
own you state what caused hat i"sre-'o hon you
expressed IT, and'wha; caused d! u Ia pre-, iti'
81 captt remember the tA1cj word; D. w. I" re
effect that hoped they you'd send Cd;d sp's aS,!.
| for proving to lie a lisrp
| Alto whom did you express this!' .
| u can't recolleet any one in particular"
"What caused you TO express itr
ain your cross-examination, YOU nave sad That ron
would swear that you did not nake remark !ou Soe
"TRat said he is speaking 70 Mr. Anderson; ~ he
spoke to would knock him down, OF something very
member Of the Ny understanding /. tina,
that remark is what Cadst sia,h sharses To ,a,rs
What nmsrk al you m,e If any with reference to
knocking Cadet sni.i down J.
when did thai conyegsstion take place with c. q.
Anderson in which You told him tnat aet smith lad