National Republican., 1880-04-23
A BREEZE AT WEST POINT.
The Court Excited by Remark Of
Mr.. Townsend.
A Dun Day with witnesses, but a Lively
One with tho Court and Counsel-Tho
Court withdraws for Consultation
General schoHold and Lieu
tenant Knight Defend
the Academy. ...
An Episode in the whitaker Case.

that he had been told that thrOo cadets were
Mt Highland Falls on the night of the outrage.
Kemblc told this four or fyo days after the
outrage. Ho said one had Iuoustache aud IL
they wero cadets they werO disguised. Kemble
Is boy fifteen years old.
Anna Ryan, wfo Of saloon keeper, swore
that no person was In her house on the night
of the outrage from o'clock till daylight,
and tho house was closed ut $50.
She was cross.examined by Mr.. Townsend,
aud swore that she was away from her house
thrce-quarters of an hour that night. She
sworo that the first person to make a muss In
her house about the matter was the colorcd
woman, MIS-. Simpson, who called on her in
the afternoon, and during the conversation,
sad: you mind, tell you General Sherman
will move heaven and earth to get the colored
vote" This created laughter. In roply to
Mr.. Townsend she said shc knew thore were
no cadets in her house that night before she
got home, for her husband told her so.
Mr.. Townsend said "Wo don't rely as
much upon your husband as you do"
The daughter Of Mrs Ryan testified she said
Mrs. Simpson said John Sherman instead OF
General Sherman; witness heard her flther say
there were two strangers IN the house on the
afternoon of the 9th of April ho did not tell
her what they had been talking about; he
told her they belonged to the ordnance de-
partment, and were in citizens dress. Tho
recorder asked witness il her father did not
say ordnance detachmont," but witness in
sisted he said ordnance department.
LOWS Simpson, colorcd, said TO be Whit
takers intimate friend, and who was brought
here from Washington by detectives, testified
that he left West Point for Washington on Fri
day after tho outrage and that n number
knew ho was going; ho had been promised
job by Mrs. Brooks on Thirteenth street.
Questioned by the recorder witness said: He
was traced to Washington and back; ho had
known Whitaker eighteen months, and
Whitaker called on him when no had charge
of the bathrooms ut the Point twice n week;
on Sunday, April A, Whitaker camo to his
room and showed him q noto of warn.
ing, saying that he thought he ought to
show it to the commandant; witness laughed
at him. the coorod man Mitchell was present;
witness had no idea who wrote the noto
of warning; had an idea that the
investigation would come out dilforont
than the officers expected; he thought
Congress would act; he was under the impress
sion that Whitaker did not do the deed; he
did not think Whitaker was justly treated,
aud that there were preiudicos against him on
the part of officers and cadets, but he never
saw anything wrong on the part Of The officers
he thought, from the newspapers he (Sinpson)
would be mado an accessory and sout to the
penitentiary; when Whitaker moved away
from him at the boilcr.hOuse on the morning
Oh tne OutruBe on MS way 10 tnO nOspllhl WIZ
ness said to him, Take care of YOURSELF God
Almighty will see you through" he did not
remember about Mitchell being present at An
interview with Whitaker when the latter
asked him, mitch, what's tho ncwsW Mitch
ell, taking Whitaker by the hand, replied,
Lots of news; why didn't you die gamo2"
Witness said he was nevor i'll Whittakers
room in his life
DIR. William Saunders testified that he had
an interview with Mitchell three days after
the outrage, aud among other things Mitchell
said that if Whitaker had any cOlOred blood
In his veins ho would not DO tied aud mutt
lated without resenting IT,; Mitchell thought
he would bo pretty well of If he got the
money Whitaker did for that job witness
thought Mitchell was under the influence OF
liquor.
10 AIr. Townsend This WAS on Thurs.
day morning; Mitchell said nothing about Gen.
era Sherman.
The Court--Nor John Sherman?
The Witncss--N0, sir.
Mr.. Townsend Nor about any military
officer?
Witncss--No, sir.
Walter Mitchell, the colored man. testified
He told DR.. Saunders he had a clue to tho
parties who perpetratcd the outrage but did
not give the details; afterward Mitchell told
| Saunders he thought 1t political affair, ana
| that, as Fitz-John Porter was dead, wa
must now have something elso to talk
about he said he had reference TO the two
political parties; he said IL told DR.. Saunders
| | wish had the money that has been paid out
| to make an institution Of this, aud now to see
the colored people hadn't courage enough to
protect themselves aud have to look TO tho
white man always" he did not mean to reier
to Whitaker; ho did not mean that any ons
was to bo paid for an assault on Whitaker;
witness said he heard Il rumor about tho
cadets drinking aud agreeing TO ax Whitaker;
ho heard II from two men named Bnnnigan
and Pierce; he heard John Narr say tha. ;onu
Powell had said In Marr's saloon that he could
pick the men from the ranks that committed
the outrage; Mari said two fishermen were in
his place whom Powell said it; witness had no
rcas0n TO think but that the officers mote out
Justice to all without regarl TO Ta0o or color;
ho thought the colorcd Cadet Flpper got fair
play, bnt not Cadet Whitaker; ho said he
meant TO convey TO Dr. Saunders the idea that
some political party had induced Whitaker
to do the job.
Just as tho examination of the witness
(MitoholD was drawing to II close the recorder
asked Mitchell about the affair with tho South
ern cadet (MCDonald), who had struck Whit
taker on two occasions, which blows Whitaker
did not resent, Mcdonald, II will be remem-
bcred, was suspended year for this.
Mr.. ToWnsend-D0 you understand it is q
rule of tho authorities here whom man Ia
struck ho must hght2
Answer-Well, ] understand this much from
what l have learned from seeing what tho
cadets do here
Mr. Townsend Qntorrupting)-I am talking
about the rule Do you understand the
rule requires man to fight whom hA is
struok2
Answer--The rule don't require him to fight.
Mr. Townsond-It prohibits done it2
Answer-It prohibits him, Think am
sure Of II.
Mr. Townsend On sarcastic tome Except
In the case Of colored cadet, it perhaps may.
President Mordecai, with face flushed and
indignant Tone askod-"Does tho assistant
counsel desire these remarks made by him to
90 upon the reoordW p
MI Townsond-No, sir.
The Court-Then the counsel
Mr. Townseud--Sometimes l can't quite
avoid it.
The Court-These romarks reflect on the
officers of the Academy,
Mr.. Townsend--l am not rohocting upon
anybody. am only rcfoCting ON pretenso
that
The Court, ntorrupting- remarks, then
Of tho assistant counsel that reflect on the oli.
GERS Of tho Academy will bo struck from tho
record.
Mr.. Townsonl-I hope th6y will not 90
upon Tie record, am worry careful, ! don't
want to got into trouble but l want you to
feel that aiu't afraid 70 strike back,