New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-16
MR. SoUTHW0RrH ON THE STAND.

LITTLE PROGRESS IN WHTTTAKERS CASE.
MAJOR GARDNER ANXIOUS TO HAVE QUESTIONS
ASKED NEUTRALITY-SUSPICIOUS. 4 EXTRACTION
THE WITNESS REFUSES TO TESTIFY CONCERN
ING MB. HAGAN's TRAC1NGS.
AT the opening of the Whitaker Court
Martial yesterday General Mics stated that the Court
had decided 70 allow the counsel for accused cadet
in accordance with HIS request Monday to nave photo
graphs of the note Of warning taken under certain re-
stetions Mr. Chamberlain then introduced IN evidence
photograph Of the size the note OF warning
reduced from enlarged photographs belonging TO Mr.
southworth which shows the erased writings which MI
southyOrth alleges that he discovered The letters OF
ths erased writing. when reduced In this way 10 their
original SIZE are oneOurth OF the size OF the let
tors in Whttakers exhibits They written at every
conceivable angle Mr. sOuthwOrth then took the
stand and Mr.. Chamberlain questioned him at length
ne 20 Whitakers prob able reasons for Writing IN this
way and also the formation Of the separate letters
Mr.. Chamberlain at length produced photograph OF
the note of warning which Mr.. Hagan introduced last
week AZ rart Of his evidence, when he explained what
nerve romor was aud that the nerve rcmor OF the note
of warning indicated that Whitaker wrote it. After
Mr. aaean appeared in the Court took stylus and
endeavored TO trace white paper the words sup
posed by Mr. southwOrh have been erased from the
note of warning This paper, with Mr.. Hagan tracings
was attached to the photograph MI. Chamberlain
asked the witness 10 look at these. 49,. -. al.
Major Gariner-n the Court please, object 70 THIS
"a
10 ask the witness about these documents ne bhould
Introduce them IN the proper way. .,.....
object simply 10 the OF this photograph ana the
tracings of Mr. Hagan 10 all the Ques tons also that
Major Gafdner-I will answer question through
Major Merrill think the remark Of the Judge Advo
cate Is uucaed for and impcrtDent The members OF
the methods this has pursued do not think that
my question was out Of place T.. -, -, .o-,o, 81, ,no
General Miics This discussion TO he carried Oh tne
Colonel MorTow-I think Major Merrill's question was
Mdor GaGner-I certainly did not intend to offend
Maior Merrm ny % n Inc CoIrt 10 ask tier questions
hereafter proper form, thrOugh tne fresidehl tn,
have a right TO de pand mat MaJor heIFi ioi"'' ~
Major MerrlThe judge Advocate misund rstood me
and Legal sense OF NOT pertinent 10 the question
MAJOR Gardnet-That IS perfectly satslacloLy. ~, n
allowedto give his opinions in regard 70 mT. hagans
tracing Of lne eraser "T o,g5 ntrndncd prppery as
evidence IL the witness TO answer questions III re-
20" Was This photograph" asked Mr. Chamberlain, tax
ing the photograph from which Mr.. Hagan's racing1
No SIR. This photograph was taken for bir. Hagan
from one Of Wy rejected negatives which conSiaeled
unfit for considered II pc:iect outrage 10 nave
photograph taken for such purpose from one OF my
MT. Chamberain-You have perfect right 10 your
opinion; ,, 1T. . 49,. q. ,.
my testimony such disgracciu thing as tins 49, /
wish to be and u the Court Wishes me
upon my legal rights.
advises Won TO stand upon your legal rights
Tho Wilness-I Will then refuse to testify such an
outrageous thing rs this photograph.
Mr.. Chamberaln-Have you one OF your photOgrt phs
| Of the note Of warning here
Eyes"
"Cant you trace now from it some Of the WORDS you
say have erased2 2"
Yes there are ono or two trace, although my
physical condition viii prevent my doing we'll have
much respect for the members OF the Court however
TO ask them 10 wait while do this"
Mr.. ChaInbcrain-The Court is your service,
AT General MIless suggestion II decided 10 have
witness do this tracing outside the Court, but IN Mr.
ChlmbeTaius presence The Court then adjourned
until this morning al IL O'clock