Arizona citizen., 1872-01-13


 Specification Third-ln tbs, that he, First Lieutenant Royal E. WnInan, Third Cavalry, did call for drinks for 9 number of persons in the bar-rOom Of James Il. Toole, at Tucson, A. T., and having ob- | tained the drinks on his Ordcr did fail to pay for the same This at Iacs on, A. T., on or about the lst day of December 1870 Specification Fourth-In this, nat he, First Lieutenant Royal B. Whitman, Third avalry, did lay drunk in public Saloon. This at Tucson, A. T., Ou or about he lSt day of December, 1870
 Specification Fifth -- Tn this, that he, First Lieutenant Royal E Whitman, Third Cavalry, did lay drunk in a back yard of the premises Of Lord 6 Williams, with his person indecentiy exposed This at Tue son, A. T., on or about the lst day 5f Sep tember, 1871.
 Specification SiEth-ID this, hat he, First Lieutenant Royal k Whitman, Third Cavalry, did atempt to seat himself in Woman's lap, on the feast grounds near Tucson, A. T., to the scandal Oi he ser vice of the United States. This at Tucson. A. T., on or about the 30th day Of August. 1871.
 Specification seventh-In this, that he, First Lieutenant Royal E. Whitman, Third
 
 unbecoming manner, that an officer of his own regiment refused to associate with him. This at Tucson, A. I, on 0r about the lst day of December, 1870.
 CHARGE SECOND:
 "Comdtct to Me prejae1,ce Qf good oqder aud
 mitolY discipline
 Specification - In this, that h., First Lieutenant Royai E Whitman, li I'd Cav airy, being a disburaing officer ne serv- ice of the United States, did engage in game of chance and did betmoney 1t cards. This at Tucson, A. T., on or about the 1st day of September, 1871.
 To which charges and specifcations the accused pleaded in bar of trial.
 The plea was sustained by the Court.
 This plea, in bar. although divided into six specifications, may be es- sentially reduced to two branches:
 First-The objection that the spec ifcations to the charges are euau- latice.
 Second-The objection, to the al- legged fact, that the charges are pre- ferred by a citizen editor of dis loyal paper, abusive of the army and it's officers, influenced by malice; or, in short, the objection to the naLice and bad character of the prosecutor.
 The Court sustained the plea sub stantially upon these objections with an additional reason that 8 Court of Inquiry had already investigated the matter and exonerated the accused.
 The question as to the cumulative character of the specifications Ito the First Chargel, being disconnected from any extraneous matter, and to be judged from the face oI the written accusations only, may be considered separately. It may not be proper to accumulate or aggregate offenses, which are in themselves trifing, each one of which taken (singly) would not support serious charge but if each and every specification would of itself, if proven, support the charge, as is evident in this case, there is no good reason why they should not be tried together.
 There are often good reason, why of lenses committed during period, running back for any time, within two years, may have to be tried to- gether, of which the authority con- vening the Court, and not the Court, is the proper judge. This is eminently | the case in the present instance in which the offenses charged came to the knowledge of the Department Con- as we'll as to the War Depart ment, at one and the same time, and were, therefore, in no sense nermitted by him to accumulate.
 Now as to the second ob8c,.m: It IS either a good plea in bar or 1t IS not. If it be considered a god plea the record is open to this if objection hat the plea alleges for its foundation 'ertain .tacts, and that nc a particle of evidence is presented or faken by the Court in support of the facts. Sup pose, for example, that prisoner were o plead in bar of tria e precious tria md acqaattd of the san9 Cts7Se, (which would be a good plea), surely no Court would receive the mere assertion # the accused as proof of this fact, without some sort of evidence to sus- ain it. The accuser, referred to in he plea, is not even mentioned by l lame ; upon the face of the record, { which contains every thing properly | nd officially before the Court, the ,,Ju ,orocao,,tor koOs1rn to if was Gan q