New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-01-21
CADET WHITTAKERs TRIAL.
Az An1n11nNMPNr For TWO WEEKS.

AN ADJOURNMENT FOR TWO WEEKS.
1hv corRT.M1RTIAL IN THE ARMY BUILDING
NAArys OF TER oFFIcKRs WHO COMPOSE IT
wuITTAKERs PRESENCE AND APPEARANCE-
PosTPoNEMRNT OF THE CASE.
The court-martal TO try Cadet j. G. Whitaker be-
gan Yesterday morning, at the Army Building at
Houston and Greenests The members OF the court
are Brigader-General a. A. Miles, Colonel II. A.
Morrow. Lieutenant-C colonel Pinlxney Lugenbeel,
Northumberland ]. NJ. Brannan, Major Lewis
Merrill, Major E. v. Sumner. Captain R. I. Frank.
Captain ]. N. Craig and Captain Merritt Barber
All of them were present except Captain Barber.
They were in military dress and were seated at one
end of the room behind tables arranged in
semi-circle. General Miles presided. At
bis right was Colonel Morrow and at his
left, was Lieutenant-C Colonel Lugenbeel. Cadet
Whitaker, who-sat facing the Court, at the right
hand was dressed in his West Point uniform. At
his side sat Professor Greener with whom at inter-
walls he carried on q placid conversation IN low
Tone Near them was Ex-Governor Chamberlain, who
is associated with Professor Greener counsel for
Whitaker The room was crowded with specta-
tors fully one-third of whom were eolored men.
The charges against Whitaker are two in num-
ber The first is that he has been guilty of conduct
unbecoming a gentleman. Under this. there are two
specifications, the first of which states that the
cadet "dd on henIght Of the 5th or the morning Of
the 9th of April $780, with the design and inten-
ton to excite public sympathy, to bring discredit
upon the said Military Academy. to obtain notori-
ETY., and further to avoid aud escape from an ap-
preaching public examination into the extent of his
&C uirements. and his fitness for beng retained
as cadet in said Academy (which examination he
had reason believe, and did believe would result
unfavorably to his claims to such retention, and
would be followed by his removal from said Acad-
envy on the Recommendation OF the Academic Board,
Oh the ground of deficiency in moro branches
of study, wifully and deliberately mutilate and
wound himself by cutting, with some sharp instru-
ment bis ears hand and foot; did tie his hands to-
gether and his feet to his bedstead and when found
SO bound and lying the floor, at or about reveille
on the same morning did feiRn nsensibiity as the
result II said injuries: further stating. claiming and
pretending to his superior and commanding officers
that he had been 90 assaulted. wounded and i'll used
by unknown and hostile assailants during the
night"
The second specification is that he devised.
wrote or caused to be written certain pretended
letter of warning. in words and figures as follows" :
SUNDAY April L.
MR. WHITAKER: You win be fxed. Better Keep
awake FRIEND.
The second charge is of " false swearing to the
prejudice of good order and military discipline"
There are three specifications under this giving the
parts of Whittakers testimony at West Point which
it is alleged are false.
At twenty minutes to IL Major Gardner opened
the PROCEEDINGS by calling the roll The order for
the court-martial was then read and Major Gardner
asked Whitaker if he objected to any member Of
the court. Ex-Governor Chamberlain replied:
1--WE have challenge TO offer directly, but from
to be duty TO desire that Lieutenant Col
onel Lugenbeel may be put upon his oath. we nave
minds from ali difficulties If be will state upon bis
oath that these reports which have come to Us as to
his prejudice against the accused are not true"
LieuteRant-C Colonel Lugenbeel was then sworn.
Elk Governor ChambeTlain-"H Have you ever
formed or expressed an opinion concerning the
guilt or innocence of the aceusedP
Lieutenant Colonel Lugenbee,-"I know nothing
about the case at all 81 may have SAID IN cOnyersa-
ton, good many things but as to the case know
of the record of the previous Court OF Inquiry But
wish to that it there is any objection to Inc
should like To be excused" -
There is no objection to you personally, and no
objection at all unless IL be legal objection. But
your answer is not exactly responsive to the ques-
"Wel it has been so long time that don't
know what l may have said; but / know that
have read less than any person In court about the
matter"
Let me repeat my question. Have you at any
time expressed any OPINION concerning the Defend
Il am thinking. / don't know whether I have
or not. This was after long pause. We read
papers. you know, from morning to morning"
And that is your answer-that you don't know u
Have you formed any opinion 2"
al don't think have any opinion at all On the
contrary | shall make up my opinion according to
the record of the court"
I" Do understand You to say that you think your
unaffected by anything except the testimony you
hear here y
martial. make ND my mlDd from the records OF the
court"
Is your mind entirely Free that it would be as
open to the influence of the testimony as much
If had naV heard of the ~
"Ithink so; shall not form any opinion until
the case is closed"
"NO; none at all; never heard Of him until this
You will be prepared, then, TO do strict justice
"Of course shall. 1 have been in the army too
long TO have an opinion before the court meets"
1--WE don't feel prepared to challenge Colonel Lu-
genbeel" said Governor Chamberlain, addressing the
Court 1.-THE Court has heard his statement and 1t
is in substance this He is not certain whether he
shas expressed opinion or not lie does not say
he may have done So but he regards his mind AS
entirely unbiased so that he can honestly try THIS
case. II there is any question, we would rather
leave it to the Court, but do not challenge"
General Miles-Ihe Court has no power to eX-
cuse il the accused does not challenge.
Governor Chamberlaln-We have nothing further
Major Gardner-Then have to revert to the
original inquiry, whether you have any objection 10
| the members OF the court
Governor Chamberlaln-We have none.
All the members Of the court then rose, while
Major Gardner administered the oath.
General Mies then put Major Gardner under OATH
Governor Chamberlain next stated that he had only
been connected with the for few days. md ne
was entirely unfamiliar with 1t. He had just
been furnished with copy OF the proceedings
of the Court of Inquiry at West Point
This covered 5000 pages Of manuscript and he had
not bad time TO make himsef familiar with the
case. The Court must see that he should need some
time for preparation in order 70 do Justice to the
case BE therefore asked that the court should ad-
journ for two weeks. Major Gardner also desired a
pOstpOnement be had also Just received copy OF
the proceedings at West Point The court therefore
adjourned until February 8, at IL a. NJ
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