New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1880-12-29
WHrTTAKER TO HAVE 4. TRIAr


eUssT FOR 4 TRIAL BY COURT MARrIAL--oB-
JncTI0Ns BY SOME MEMBERS OF HIS CABINET.
IDY TELEGRAPH 10 IHE rR1BuYR.l
WAeMINGTON, Dec 26--It is understood that
within the last two three days the Whitaker
caee and the action that ought to be taken In regard
tOit have formed the subject Of consideration and
discussion between the President and several MEM
bers Of hie Cabinet There is the best reason for
saving that the Presidents views as to what his
action in the shall be are not shared by all
his Constitutional advisers Several Of them are
said to have agreed upon statement of the case
and advised action in substance as follows:
," The testimony taken and the decision rendered
by the Court of Inquiry leave the question Of Whit
takers guilt OF innocence undetermined. Whitta-
ker has sworn to his own innocence and still main
taius it. Now ii his request for trial by court
martial should be ranted, and that trial he
should be convicted, no would become liable to
punishment for perjury. In that event it wonld
be difficult if wholly inadmssible for the Presi
dent to screen Whitaker from the punishment
Justly his due. II has been found deficient in his
studies and has been fairly rejected by the Academic
Board on that account. Would it not be WISE
therefore, SIMPLY to drop him from the roll of the
Academy, and thus get rid of the matter entirely
Those who hold these viewe bave also said to the
President: The removal OF General Schofeld and
tho assignment Of Genernl Howard to duty at West
Point are in themselves stern rebuke to the abuses
and practices there, which led to the outrage upon
Whitaker hether self-cOmmitted not; and afford
sufficient proof Of the firm and sincere intention of the
Administration to uproOt and destroy such abusesand
practices" 1t would not be fair to infer that the
gentlemen who favor the course above described
hold the opinion that Whitaker is guilty. They
simply desire to avoid action which might in
certain contingency cause new and more serious
IA than which now exist.
1t is understood however, that President Hayes,
after long and careful consideration has decided to
grant Whittakers request for trial by court-nar-
tial WhIttakers solemn and repeated asseveratiOns
Of his innocence are said to have made deep i'm
preston upon the mind of the President. If Whitta
ker is innocent, the President thinks it is due to
him that the fact should be established beyond
doubt and if he should be shown to be guilty, no
one it is thought would insist more strongly that
he should be punished than would President Hayes.
When General Howard was in Washington, and
after it had been decided to send him to West Point.
the President desired his opinion and recommenda-
tions regarding the disposition of the Whitaker
case. General Howard, it is understood, submitted
an answer IN writing in which he offered certain
recommendations in substance as follows:
Hrst-That Whittaker's application for trial by
court-martal be granted, and that he be regularly
tried on charges and speciheatlons under the rules
and articles OF war.
SecOHd-That the court-martial be composed OF
officers, majority of whom at least should not be
men who were graduated at the Military Academy.
This precauton, General Howard thought would.
uuder the circumstances be wise one.
Third-That in case of an acquittal, Whitaker
should be allowed to return to the Academy and
enter the class next below that to which he formerly
belonged and thus be given fair chance to qualify
himself to pass the required examination and COM
pletc the course of study
1t is also understood that General Howard was
very socitOus that, in whatever course was deter
mined upon, action should be taken before he en-
tered upon bis duties at West Point. He greatly
desired to have an opportunity 10 begin his work
there without being called upon at once to deal
with any Of the complications of the Whitta-
ker case and, it is reported, especially
anxious that the court-martIal should be ordered
and ID members designated before he should return
from the Pacific Coast. 1t is new said that while
adopting in the main the recommendations OF Gen
era Howard far they related to the trial ITSELF
the President has decided not to order the court
martial or designate the officers who are to compose
IL nntil after General Howard takes charge OF his
new command. II is altogether probable that the Sc
lection of officers to compose the court Will be left TO
General Howard and that that Will be one Of the ilrst
duties that he will be called upon to perform after
he has taken General SchO6el's place.
1t is expected that General Howard will return to
the east aud assume the duties OF his new command
in about fortnight