The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-05-31
OPINION OF THE COURT
Ia the Case of Cadet Whitaker,
Ia which the Members Concur n the Be
lief that He Iuhlctsd the Injuries Up
On Hfns .lf-Hs Is Placed Uudsr
Arrest uatiI the War Depart
uent 10 Heard From.

wEsT PoHT, May 2s.-The Court Of In
quiry in the case Of Cadet Whitaker met
in secret session to-day and agreed on 4
final report, which vas signed by all the
members Of the court. The conclusions
are as follows;
First-Ths court Is unable to believe
that sneh slight wounds as Cadet Whitta.
ker received could have been inflicted by
persons in the manner, and under the
circumstances described by him.
second-It does notsee why man With
his surroundings and in his condition oil
frame and mind, as shown by his own
evidence, sho uld have submitted 70 an
assault such Gs Is alleged without sum
moniDg assistance during the assault or
Immediately thereafter.
Third-lt believes persons tied as he was
and left as he claims 70 have been, could
readily have released himself had he ex-
srted himself 10 do 30.
FouTth-Fom the testimony OF the
Post Surgeon, and others, the Court Is
compelled TO believe that Cadet Whitaker
was neither asleep nor insensible when he
was examined on the morning OF April
9Th, 1850, bat that he was ieigning.
FIfth-The Court Is not able 70 disSoy-
er any motive, that any person other than
Cadet Whitaker, could have had in max
ing such an assault, and there is NO eVi-
eenee whatever, TO warrant the belief that
any other person did make il
Sixth-It believes that the hair-ehpping,
assh-cutting and binding could all have
been accomplished by Cadet Whitaker
himself.
seyenth-The theory that the note
Of warning was an imitation Of Cadet
Whir4ker's writing Is, In the opinion Of
the court, unreliable.
The severe tests 70 which the experts in
handwriting we're subjected, and their
positive testimony, place il beyond doubt
that Cadet Whitaker himself wrote the
warning, and therefore he Is not ignorant
Of the person or persons engaged 10 the
affair. This latter conclusion Is strength.
ened BY the TACT that one-hGlf Of the sheet
Of paper on which tho note i written was
found in Whittakers possession.
The opinion Of the Court il a. follows;
From the strong array Of eircumstAntial
evidence from the testimony Of experts in
Handwriting and the conflicting state
ments Of Cadet Whitaker and the lack Of
yeracity evinced by him in certain cases
during the Investigation, as shown by the
eTidonee, the Court IS Of the opinion that
the imputAtion on the ehArscteT Of CSdet
Whitaker referred u N the order con-
venipg the Court, and contained in the
oficiGI report Of the commander Of the
cadets and the post surgeon, is fully Tus-
tGined. When the report SAs Sent 70 Gen
Schofeld and rad by him, he caused the
letter 70 be addressed TO Col. Lalelle, COM
mAnder Of the corps Of cadets, directing the
arrest Of Whitaker and placing him in
confinement in his room
The order was promptly carried out, and
Whitaker will remain under arrest until
the case Is disposed Of and = guard Eill
keep him under surveillance. An ofhcei
in high rank being asked what dispoduor
would be made Of him II the findings o
the court are approved by the War Depart
ment, replied that Il he was q noH-com
missioned officer he would be tried bJ
Court MGrtiAli but il Is probable, II tht
President approves, he will be dismisseI
from the Academy or turned over 70 thl
civil authorities. Whitaker still protest
his innocence. The finding Of the eour
will be forwarded 70 the War Department
tonight