New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-02-12
FAIR PLAY FOR WHITAKER.
THE TESTIMONY TAI

THE TESTIMONY TAKEN AT WEST POINT.
ARGUMENT OF THE CADETS COUNSEL AGAINST ITS
INTRoDUCrroN-NOT IN TIL. NATURE OF ADMIs-
sIoSs-NAJOR ALEXANDER ON THE STAND.
The Whitaker trial was more largely at
euded yesterday than has been any day yet Fifteen
or twenty present and their handsome and
vried costumes contrased strknsy with the gltierns
uniforms of the officers OF the court The first business
OF day the reading Of testimony taken Thurs
day, a proceeding which occupied two hours Major
Gardners proposition to spread before the Court Whit
takers testimony s1ven stthe Court OF Ioqury then
came up MI Chamberlain said. In reference this:
do want the Court to think that here to aht
shadows thrust that Its members have already thas
have disposition to delay matters. believe the
old Saxon inunctlOn. You shall deal honestly With the
Court but you shall make for your client" Cades
Whitaker was examined four times az West Point Tie
smo- phere OF the Court OF Inquiry most chilling
him. As he looked around that court, he could
not person upon whom he could rely friend.
have no doubt that there there who AMI.
mated only by feelings Of justice. But the examination
Of the Court WAS OF tho sevsres harshest order IL
ovnrbearDg detatorlsi and the lass
degree. Under those circumstances this boy gave hA
testimony. 1t Is not right that the impress
sion Of that inquisitorial examination should
be brought into this court before he has had 0ppor-
tuny tell his story do not admit that any part Of
the record of tho Court Of Ioquiry be used ev
person be proved not by record but by oral test
mOny."
Mr. Chamberlain then argued further that past state
lnents OF Whitaker not admissible testimony
unless they formed part of tbe Transaction. The tes
mony which the Judge Advocate wished 70 INTRODUCES
was glveu weeks after the outrage and there was no
possible ground which 1t could be admitted. He
cited number OF authorities In support OF hts argument
Major Gardner replied that the record was the best
evidence what Whitaker said at the Court Of Inquiry
could be obtained II was taken by court Official
Under oath. aud 1t was essentially primary evidence
One OF the charges made against Whitaker was PERJURY
and he did how this could be proved against him
unless test the Court OF Inquiry
duced before he eourtmartisl in les entirety. He
cited number OF authorities sustaining his position
Mr. Chamberlain replied that II Whitakers testimony
At the Court OF Inquiry was TO be INTRODUCED he couldns
see why the testimony Of the other witnesses there
examined before the Court II that theory WIS 70 BE-
accrped in WhitmkeI's case The members OF the
stud ing the record OF the Court OF Inquiry instead Ok
hearing any withesSes IN,
Genera Miles ANNOUNCED that the Court would "i'n'
hold It's decision until Monday.
Major Charles r. Alexander the surgeon whp nrst rh.
am ned WHITAKER, WAS next called - q witness Ine
Major the lst TO suggest that Whitaker mntlaed
himself ana ne IL one coS a. the nOs' pebut man.
little above medium height with dark conprxon fult
black beard hack hair tnsed Win gray ana H a Ms
dressed full uniform % hs ss9s %fre
with somewhat sup-lcl!ous AR and apparently Win
an eve 70 ira effect He testified that he had been IN tne
Inted STATES Army nearly twcny-fee years. He then
told the story o. The nudirg OF wAltsker We nad e1,
Smnsd hir when he was lying on the floor aud believed
that he was perfectly conscious Tho Temperature OF
Tic cadets body we'll as bis pulse, were ncrieetH
saSnIsr the witness did no; believe tins would nave
bsen he CASE IL his story bad been true HIS Injuries
wrre very slight. and were not OF suon nature 10
rn6,,e ACKNOWLEDGEMENT There were p0lIdicalcns OF
bi Havr Seen struck the lace. WhiSaxer ha' ooa"
traicted himself several times ~ seinS ne Monday
lns S1uu han Mr Chamberlain will begn his cross
", EN- ~ Maior Alex ander