The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-08-16

TRvINGM MAJ WEAM. PAY DEPT
Personnel of the Court-Lieut. ]. c.
Thompson and Major Evans
Examined-Their Tes-
timony.

Examined-Their Tes-
timony.
At the Inter Ocean hotel parlors
there convened yesterday a court mar
tial for the trial of Majsr Joseph W.
Wham, which for distinguished ability
and military record has seldom been
~equalled in the history Of courts mar
tial. The following named officers
constitute the court
Col. John +. Smith, Fourteenth in-
fantry; Col. Wesley Merritt, Fifth cav
airy; Col. Albert G. Bracket, Third
cavalry; Major Thaddeus ii. Stanton,
pay department; Major Albert $. Tow
er, pay department; Major Thomas T.
Thornburg. Fourth infantry; Major
Verling X. Hart, Fifth cavalry; Major
Caleb II. Carlton, Third cavalry; Capt.
Leonard Hay, Ninth infantry, judge
advocate.
Gen. Flint, of the Fourth infantry,
is absent on account of sickness.
Lieut.. G.. b. Davis, Co. ID, Fifth
cavalry, is the counsel for defense.
As may be imagined, the opening
scene was very dignifed and formal,
and impressive. The soldierly bearing
of all the court was admirable to be-
hold.
The utmost attention WAS given
when Gen. Merritt, president of the
board, ordered Major Wham to con
slider himself under arrest to be tried
Immediately. The usual preliminaries
having been disposed of, the charge
and specifications were read by Judge
Advocate Hay, the Accused pleading
''not guilty" The charge is simply:
Conduct p%rejudicial to good order and
military discipline The specihca-
tions are of course embodied in the
testimony of the witnesses for the pros
ecution, which is published below.
John G. Thompson, first lieutenant
and adjutant Third cavalry, was Che
first witness called. = The following is
a synopsis of his evidence:
i wac acquainted WIFI lIt siCCuStu,
and saw him several times on the 18th
of July, this being the date of the
trouble. An escort of a sergeant and
twelve men were furnished to the ac-
cused to accompany him from Fort
Laramie to Fort Fetterman. During
the day Major Evans ordered that a
prisoner named Sweeney, whose com
pany was at that time at Fort Laramie,
be taken along under guard to Fetter-
man. Major Wham complained that
his escort was insufficient for this extra
responsibility, and refused TO take the
man Sweeney with him. The sergeant
in charge of the escort told Major
Evans that Major Wham refused to
allow Sweeney to go with them; Major
Evans then wrote a communication to
the accused, the substance of which
was there were but few parties going to
Fetterman from that point, and as the
prisoner was anxious to get there he
would not in any way incommode him,
which fact he trusted would be sufi-
cient for the accused to withdraw his
objections. Major Wham wrote an
endorsement OH this communication in
lead pencil, to the effect that he could
not consent. Major Evans then or
dered Lieut.. Thompson to withdraw
the escort, provided Major Wham per-
sisted in his refusal. Lieut.. Thompson
ordered the sergeant and his men back
to their quarters, when he found that
the accused would not comply with
Major Evans orders. The sergeant
did not obey the order of Lieut.. Thomp-
son at that time, for he was told by
Major Wham to remain where he was
for his party was there by orders of
Gen. Crook. When Lieut.. Thompson
returned, Major Evans ordered out two
companies OF soldiers to bring the escort
back.
In reply to the question whether there
was any necessity for making such a
display of force, Lieut.. Thompson said:
"No; nothing more than to enforce the
legal order" He then stated that there
was a communication sent to Major
Wham to appear at the Office next
morning, but could not state much in
regard to the same as he arrived in
time only to hear the tail end of it.
| When asked about the nature of the
language and utterances of the
accused on that occasion, as to whether
they were contemptuous or otherwise,
he said that Mt one time the accused,
turning in his chair, said: Pooh! pooh!
pooh!' L thought that disrespectful;
but l do not know whether the accused
did, he afterwards said that he did not
mean to be disrespectful. In answer
to ::''what called forth that answer of
poohl poohi pooh?n witness said it was
in reply to a remark of Major Evans,
shat paymasters had no control over
escorts.n
Lieut.. Thompson stated again that
''it may not have been disrespectful,
and the accused may not have meant it
so, and he said afterwards that he did
not mean to be disrespectful."
In reply, as to whether he heard any
threats ON the part of the accused
toward the post commander, of civil or
military suits, witness said he did not
remember very clearly. Maj. Evans
had said that he would prefer charges
against the accused, who said that he
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