The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-08-19
COURT MARTIAL.
TRYING MAJ. wHAM, PAY DEPT.

Examination of Witnesses for the
Defense at Yesterdays Ses-
sion-Important Tes-
timony Given.
The court opened in due from, all the
members being present. Tie proceed
ings OF Saturday were read and ap-
proved, after which Judge Advocate
Hay announced that all the witnesses
for the prosecution had been examined,
and tile prosecution rested.
The defense then opened their side of
the case by calling Capt. Drew, who
testified in substance rs follows:
81 was present when Adjutant
Thompson ordered Sergt. Kimmer back
to the post. The horse / was driving
at the time became so FESTIVE that I did
not hear what remark the accused
made then, but when my horse became
quieted | heard the accused say to the
sergeant, You will return to the post
with your commando and after hesitat-
ing about five minutes he countermand-
ed that order, by telling the sergeant
TO remain there where he was, that he
was under his commando
The cross examination elected the
fact that It was Major Wham who first
gave the order to the sergeant to return
to the post, and hat it was immediate
ly after repeated by the adjutant, and
after a lapse of Eve minutes Major
Whim countermanded his first order.
There was some misunderstanding
amongst the members of the court as
to the testimony of the witness ON this
point, but it was finally settled that
Major Wham first issued the order that
the sergeant return to the post.
The next witness called was Sergeant
Kimmer, of the Fourth infantry, who
substantially said:
81 reported to Major Wham Mt his
camp between the hours of ) and A
O'Clock in the afternoon, and he ordered
me to bring my detail over there that
evening, as he intended to make n very
early start in the morning. had no
orders to relieve the escort from Fort
hussen' III conversation Win MAJOR
Wham that evening, ! stated that l
had orders TO return TO the post with
my detail, and he replied well, you have
10 OBEY oraers. started to strike my
oehus, anu ne called me back n or
dered me not to do so. / commanded
MAJOR nam escort four times be
iore TINS Tip ana Always went farther
than Fort fetterman. The escort from
fort Laramie Is always larger going
northward from there, than 1t is com
ing TO Fort Laramie from Fort Russell.
IL is increased some fonr or i've men,
upon cross examination the witness
SAID; Il was relieved by Capt. Bubb,
by ms ordering me to fall my detail of
men into line, and to march in the rear
of his company to the post. This oc-
CURED between y and III O'Clock in the
evening. There was no person attempt
ed 10 relieve me, thai Is, received no
orders to tina effect from the time the
adJutant ordered me back to the post,
I 80 g. ~ -
and Capt. Bulbs arrival there In
reply TO the question: Can you state
posltiveiy whether Major Wham did or
did not give you an order to relieve the
olo escort" ne SAID. l cannot state
positively. 1 took charge of the camp
upon my arrival there with my men.
SIX months previously reported at the
same place; Major Wham's tents being
pitched In the same locality then, and
went into camp. My orders on previ-
Il occasions were, then MS now, to re-
port IN the afternoon of the day previ-
Gus to starting OUT"
Question by the court:-"Did you
put men on guard when you arrived at
Major Wham's camp this time?'' Eyes
sir, put n sentinel over Major Wham's
tent
"When Capt. Bubb came into the
camp he was alone.n
'Did Major Wham resist the post
commander, and compel him to nse
force to carry out his orders 2" OBJ
jected to. The court was cleared and
the point argued.
Upon reopening the judge advocate
stated that the question should not be
put.
BY the court:-"Was there a sentinel
from the Fort Russell escort on duty
when you placed your sentinel over
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