New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-09
POINTS IN WHITTAKkNS IA VOR.
TESTIMONY AT THE CoURT-MARTIAL.

TESTIMONY AT THE COURT-MARTIAL.
GENERAL sCHOFIFLDs ANXIETY TO PROVE THE
CADETS INN0cENCE-MAJOR PIPFRs VOLUME
NOrs CORRECTIONS - RESULT or ASSISTANT
SURGEON IIPMNCOTT's EXAMINATION
There are twenty-one seats reserved for
spectators in the General CourIMnrtia Room at the
Army Building These were occupied yesterday morn
ing half an hour before tho Whitaker trial began. by
SKI EN- white men and five negroes, and all except five
of these PERSONS renamed IN their places through the
entire proceedings OF the day when General Miles and
the other OF the Court entered few minutes
after eleven O'Clock the well fl lei with spec
| tators Among those present were Lieutenant Colonel
Langdon, Recorder of the Warren Court OF Inquiry:
Lieutenant Loyal Farragut, Justice Morgan, Lieutenant
william c. Rafferty,. and the Rev. j. T. AtSel General
scho Id was presclt listen to the reading Of his tes
mOny OF preceding day. When this hal been con-
cudrd he remarked that he wished 10 make la-
nation.
81 think II IA proper" he said. for me to say that nv
connection the Court OF Inquiry patty for the
purpus, finding ont the innocence Of Cadet Whiakcr
For instance. hou iht that 1t was possible for him 10
be 10 frightened that he had swuOncd away md then
had fallen into deep and natural sleep. accordingly
suggested his counsel that this might have been the
casr and advsed hun consult with medical experts
and find out II this was possible theory scientifically
When the exp .rts selected Whlttakcrs Handwriting AS
the which most nearly resemDrd nt III the note OF
warning suggested To his counsel that TINS might DC "A
skilful Imitation OF whittakers handwriting. aud al
vised him inquire into the possibility OF maintaining
this theory. There two particular reasons Tor
wishing that Whitaker should be- proved Innocent OF
The charges made against him III the rt place. he was
boy under charge and consequently entitled 20 all
The protection could hun; IN the second place.
had kept HIM In the school agdinse the ADVICE OF IN
" hole Academic Board"
"There IL one mater" said cx.Gnvcrnor Chamberlain.
" that shOu ike to call your attention Ia. Grhcri
have received u communication from General Howard
stating order No H. In which YOU cAoherhied the
cadets AZ d body from any completely in the outrage.
was read April 81 You stated believe that tue com
petion OF tho examination Of the cadets HE
son of your issuing that ord r. The original record O
the Cour of Inquiry, however gives thr testimony o
utty cadets WHO examined April %. tn iOow
ing day. How DO you explain mis- discrepancy between
the cord ailS your strtrlnrn' g
the record Ii correct was either mlslniCrmnd ~
to the complexion Of the ex Examination OF The cadets OF
the order is>ued before ordered 1t To BE-. am
SIN confident. however, Notwithstanding ~" rccor,
the order not read until all the cadets c1crp
two mad been examined But even II lam mistaken,
know that cadet wOud testify differently un er
oath before the Court o. lnq"ry irop what he hAa
before the COmmand,nt on his word OF honor"
Major Piper then took ,ir witirsstanL while MS tes-
iinony was to The Aiajcr had many quaI-
tying plinutlOns aud so many corrections TO MAKE
that l O'clock before Tins wa concluded. TX
Governor Chamberlain cros-.' imuei him T. some
lime. tut nothing new was elected.
What means were taken asked Colonel Morrow. : 10
kerr room when lac "as FOUND ana to whom DID the lu
dian club belongp
don't know.
should suppose that that would have been the frat
question you would aTk."
1t was not my Thought"
Could Wnittiker have tied his feet" asked aialor
sumner. while standing on the bed aud then got
on the nOorp
Il dom know. don't think could have done it."
Major Piper was then . lowed TO ~.
Maiur GnIdnOr said, while tine Court was waiting for
the next witness That r proposed first to produces -"
wltnes VINO were IN WhtlkcI's room, aud san him
while he Was bound and unconscious; next 10 show tha
pcrs,ns outside OF the Academy could done il and
| finally, To prn1ucc the xpert evidence.
HuryrOu Henry IIuuiurCft thp MOI
witness. lie stated that he examined Whitaker De
Tween ana - % Ap o. "It .Tys hours after
thoroughly. Whitaker ear' were buth slightly mjnred,
a. were aso cft ma left toe. HIS hair had
been partially chpped, aud there were marks on his
wrsts where the bands had been. There Was a slight
scar over his lei eye, near inc Lair Tho witness had
examined ths carefully aud mad come to the conclusion
that 1t was old Whitaker at tue lime
mat lie nad bctn STRUCK Oh he no'r and that he had
been injured III the side. Tie witness, however, had
found no satisfactory evidence III Ii = having been
jured IN either place lie had examined wuittaKers
ewes but had seen nothing peculiar about them
%t h s be- sd IIe Io "u GIg .hr'%E
slightly INFERIOR physiquc to the average cadet At
West Point. lie was OF tho opinion that the wounds
must nave caused hun to lose from two four table.
spoonsfu of plood lie had examined wuitlaEer's SIDE
where lie said tie hal been mJurned and had tried by
| pressing 10 see u there was any pain there.
| Ex-Governor ChamDerlain-WOurd he necessarily
| shrInk from percussIng he had been inuredl
| 81 think he would nave shfunk from tne humping
I'D You notice any attempt at shaninng on Whit
| takers part when you were examining hm Did he
pretend ne was III pam AT all ~
Could you discover rheumatism sciatca by thump-
ing the body {"
Liam inclined think could II there wa. any min"
lis 1t not possible that Il Whitaker had besn inurr
int nay you might not have discovered II by percss
mgr
| Yes"
"Percussng is not q decisive test, IS 1t T.
NO"
| Would not a person who had lain In Whittaker's
position two three hours have more or less
| amyTn
you stated that you examined Whitaker TO gee II he
| had been struck IN the face :"
81 looked at his carefully, but could find no
| traces OF LenOfrnaRc"
"DId you use any instruments I"
"NO."
as there considerable portion OF the nose which
must be examined by means OF Instruments II Won wI.b
TO determine definitely whether OF not there has been
| any hemOl rh?geF
"Yes"
"a person might pass, might lie not, from q state OF
| great excitement 10 sound sumbrrl"
Yes; II would not DE unnatural for him to do so"
Dh the directions OF Whittakers wounds Iudlcate nj
all whether he had inflicted them himself not ." asked
Colonel Morrow.
think not"
"Yuu examined Whitaker twelve hours after he ros
found ana found the marks the bands sll on his
wrists. DO YOU think tnat he could tied thea so
tightly himself that they would leave their traces for so
| long = timer
| IL don't know. I think could have done IT,
"Wcfe Whittaker's umds OF such q nature that le
| could have infcted them hnselti"
81 think So"
| Cadet L:ws Ostheim was next examined. lie IA n
member Of the tnird class and occupied he 1T TO
Wuittakrrs He tUld the story OF nnling Wnlttuker
| substantially Us II has been often published.
Tie Court adjourned at O'Clock until this morning
when Cadet Ostheim Will be cross examined