, 1879-01-14
MAI. RENO.
The Investigation of His Conduct at
the Custer Massacre.
First Days Session Of the Inquiry
Manner Of Procedure.
An Open Court Whose Proceedings Arc
Not to Be Reported.
leturate Nap " tht Dattltk.1d.~qststtoas u b
Determined.


quest or Mai vi. q. Keno, Of the Seventh Ca94l-
rs, to examine Into bis conduct At the bhttle os
tho Little 1}ig 1iorn, June 95 and %, 1870, BE-
eau its work at tho Palmer House ycstertfay
morning. It ts maie up OF Col. John Il. King,
OF the Ninth Infantry, who sits In the centre;
Col. Wesley Ncrri.t, Of ,hs Fifth Cavalry; and
1ie,,t..Co w. h. Koyoil, Of the Third Cavalry.
First-Ltcuscnaut Jcssc ", Les. Adtutaut Of the
Ninth Infantry, is Recorder. MAJ Reno was
present. Aside from those named there were ID
the roon1 two or three officers attached to Gtn.
Shcriinn's itcadqusrtots, who were lookest-on.
All Of them were IN full uniform, with swords,
uuu tho dccorum was as marked ~ that
which cfaractarizes tho United States
Supreme Court. There were half
dozcn reporters on hand to take down the pro-
ccclioRs, and their presence was the frat thtoR
that occupied tho attention OF tho Court.
Whether thoy should be permitted to remain OF
not was the question, but decision WAS not
reached nt the moment, the snattbr being taken
under advlscinent until the body WAS ORGANIZED.
nECoRDBR LEE
then read the special order directing tho calling
Of tho Court by tho President. OF tho aupica-
tlon OF NM. Reno, and naming those Who weEe
10 constitute 1.-the officers mentto ned.
In answer to m inquiry, MAI. Re no said be
liatl no objection to anp Of the members
Tic three 'Judgcs" " wcrc next sro m, ~ was
the stcnograp1cr, bfr. u. @. uoll!ster, of Fort
l.eayenwortb.
The Recorder stated that fo had subpeuaed
nineteen witnesses, but only two had 10 yet ar-
rived. lie Ind written to tho War Department
for certain data, as to whether any accuaationst
tmputalfons, ard charges had been matle against
Mil. Reno, and bad only received tho papers
that tstonday> morning. lie had, therefore, not
had time to gire them careful examination.
Az sayeral questions were to bs dcctded,-ons
MS 10
TIE NODE or PnoCKDuRE,-
these might be taken TN first. he had COPY
Of Mai. Fcno's application for tic, Court, and
als.. letter Ut the Adtutant- General transnltt-
ting It. That scanned to be the basis OF the
inquiry.
As tue Recorder was nt}0ut to read tho Adju.
fans-Genoral's Ietter. Nal. Kcno arose, and said
It wna hardly in urtcr tU put those documents
In Mt this time.
TIC Rccortier did not propose to otIer any
thing III evidence Int simply to read tie letters
for the Information Of the Court. Tho Dyur
case was q precedent.
Nal. Reno l,at, 1,o objection to the reading Of
hts applications lt l,u did object to tho letter Of
the Allusant-G -Geacral.
Thu Kceorticr aaI4 ho had no particular des[re
10 real 1t. ..--..
Mai. Ke1lo wished It understood that ho
.,itln't object to tic papers themselves, hut
snpy to their Introduction ut this stage OF tue
Tic Recorder repeated that he did not intend
to offer the Adjutant.ticnefa''s letter es eyf-
denee. but Simply to read 1t NJ letter Of trans
nittal. llu dM not chre to rcui Maj. Nello's
application now. lie, however, seemed to b9
indifferent at,ont tho matter. at4d finally read
.Tt1E APPLICATION
which was rs foitows:
ltAnulenuls1, pa:. Jan: 2e. 1s7o:-To ny r.
lion. y. v. c'Hlrtt, pe1esaso to Congress from
Myam!ng Territory. and " hiln ro:etred to tho
l,ads semi. odcia', snpearsd ia tas press Of ihs
1:'sh inst: As ne inject of this letter was to r.
s u Il ny snS ss =. Tbs nats ss
artt ttmc various raporta and runors had been put
into dudnite shape. Addressed com'nunicstion
nssins that a,1 ,nssstisat!on ta resolved upon. .
The COMMITTEES adjourned without taking any
ssen us sa s naty so'is e H. s1fs 5
adnr. that tho many fulnors. started ly camp Eo..
H r 1t a s. tf' sas CO.. p!
fssrod 10. II hereto attached. Very respectfully,
Major Seventh Cavalry.
-.The Recorder was about to read tho letter to
h!al Reno objected. and he des!stc1.
Tia Kceurslcr thcu suited that thera WAS
man by tiu ua.no Ut
WHITAKER,
who hc unacrstoot, butt tnadc ccrtain sccusa-
tuns, and, ~ his namc would pcstaIs bu
brought into the casc.-bci1g tn one aet,se an
wIlcllter hir. Whitaker should be notified tint
tho Court Of Inquiry was In session and re-
qucsted III suggest my evidence Or the nancs
of witnesses that sutQht throw light Oil the cot,.
duct of Mn}. Reno at tho hattie.
Nal. Renn had tn' o0lcctlnu to afr. Whltakcr's
bc!ne subpfrnnctl. but he was an incompetent
wltprss, lie not hnytng becn In tho battle, and
lnowln!. nothing that woula b. competent.
Tho Recorder dbl not wish to delay tue pro.
ceedlngs, hut wished to submit whether ha be
notified u produces the evldrncc, II he hayo
any, or give the llan'es Of wtnesscs-~hetl.cr
hc be notified that hu had tho privilege OF bo-
tug prs&ent. A to his competency Is ; Wit
ness, taat could be settled hereafter.
kol. King remarked that that question could
be decided In s1u future, and Inquired how thu
Recorder proposed to prucecti+
MAI. RENO
nsuse aud sad traln WIZ behind time. and ho
luA besn disappointed tn thu receipt of some
ictters lie. therefore, asked the indulgence Of
the Court until this moFnfnG, tn order that he
might look over the papers aud advIss with
COUNSEL. liz WIS hardly ready to proceed ow.
This Recorder hut somr authorities on tho
sotnt that AAi. Renn could not open the &saHe.-
culnmenre stlh thu examination ot his Witness
Cd. tbs tru.l should proceed In the same man.
ner ~ = Conrt-3iarttal.
slaj. AetA, said thcro was no Inv for 20 pro.
ccsaing-'0 Prcccticut for II.
:. 1He tcetHHcF OGllt7cu MI tnG pfcce0ehtt were
tho othcr Wny. Tle accused had tho last sE1y In
every Court ii Inquiry. The authorities showed
that, 10 dn otherwise tn tl,ts caso would bs q.
tahlishiug y prcctucnt, and . violation Ut the
pF11c1p'o VI evidence t4at the affirmative Of III
lssue must DO proven. Thu Court was cs4lled
y !nVoatigata the e,uducs af Maj.
!teho. binl. Run0 was not called
u Investigate his own CONDUCT. Every man
wa4 pfc4I''ns4 annocent until proven guilty. 1t
Was nut iar Mat. Acao, ~ hu took 1t, under tho
!aW anu pfecadcnts, to prove that hIs conduct
until tho conttarY wx8 shown.
Na3' lEno didn't thluk there WAS any lasus
beyond tllst raised hy hiSaseli,
I'nu Court touk both potuts under sdytsement.
and ordered the room 10 bs cleared tnak ther
might hays dtscuaAlou and srrigo at copelu.
tluns.
Anur lapse o. half N hour ths doors we're
epeavd agaln, aud the Recorder rad
THH 11Els5uka
n follows:
The Court decides to ut with open doors. Int
nm MIN inf