New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-03-02
WHI11AKERS NOTE or WARAING.

INTRODUCTION OF LXPERT TESTIMONY.
MT. CHAMBERLAIN or The SEIZURE OF wlliTTA-
KrR,s C0EErsPONDENCE-TES OF PRO-
FEssoR NICHE.
"In cases like this" said Major Gardner yesterday
Mt the Whitaker court-martial, in answering Mr'
Chamberlain's argument of the day before against
lie introduction of specimens OF the cadets hand-
writing on which it proposed to base the testl-
monv of experts where there is note of warning,
il this il not allowed to be introduced. conviction
might not be secured unless there was other
strong testimony against the accused"
Mr.. Chamberlain-Wha do you mean by that
Maori Do understand you to say that unless you
get this expert testimony In there IS not enough ev
dence to cOnvictf
Major Gardner-I don't think you have inter-
nreted nv words correctly. VIII the stenographer
please read my question:
Mr. Corcoran read the question.
''Ah." cried Mr.. Chamberlain, " that is what
Thought"
When the Judge-Advocate had concluded his ar
gunent Mr.. Chamberlain replied. lie said that the
argument of the Judge-Advocate was ingenious and
as good as could be made on that side He then dis
cussed at some length the arguments brought for
ward by Major Gardner. In conclusion he SAID:
81 do not wish to be misunderstood. DO not OBJ
pose the introduction of this expert testimony be-
cause we are afraid of tho consequences. | do it
hrcau,c am lawyer, and because II l. improper
cy ice to bring before this Court. The judge
Advocate has SAID that this expect testimony would
be of q starting nature II mtrodlcei. agree WIN
him; but can assure HIM thar the startling part Of
II viii not come entirely from the side OF the Gov
ernment. IL will not he OF that smooth and Easy
character which charlctcrz d 1t at West f'lht
The law which governs tins Couri, however uOrs
not permit the Introduction Of th"S" papers Tor the
purpose of basng expert testimony upon them II ~
not tho province oil this Court to inquire INTO TIE
III l.Ns N
reason for it, IL is to preclude the posi-
blIty of any fraud. Although tn hlgh character
of the JudEeAdvocato prec urs the poSSihlIity oil
1t this case, far us he ~ clncerned yer thero
has been ample opportunity tor It, The late Plole-
SOL PeIrrc. OF Harvard, after years spent III the
studV of handwriting, said that the chances were
th,usan,lS 70 one that "A man would never write his
name alike twice Ii were IT, write NV laue tioi-
sand times. three or iOnr or my signatures hl'shC
nnssiby be selected, which would point 20 me rs the
nut nor of this note of warning. The Government
has had ample opportunity to make tho selectlohS
from this boys correspondence. when Wou!u POM POM
20 Inn tho author "a the more OF "arhhg' Us ~
bureau was sweptOt hls corrcsp lndcuce ana the ou
GERS now bring these few specimens here lie dld not
stnud upOn his civil lights rs should nave uOne, anu
insist that hS private correspondence was sacred Tic
has not even been able 10 Keep the correspondence
with the lovo of Ms heart from the gaze OF the
world
'h PTos SrF Pcer s. Sche who has charge of tho
Department OF Natural and Experimental fhiioso-
ply ut West Point WAS eXahinei; 10 testi,
lied that Whitaker was studlouS aud dlllgeht, ana
ND TO the time OF the Court of Inquiry tho witness
had Thought that no would pass his June examina-
tiOn. He was III the lowest division OF his CLASS at
th time but The majority of that division usually
got through. ,,,..,, ..,,.. =.
Mr. Standardization Whittakers standing at
tho time OF the outrage lie 80 certain OF falling
at the examination that lo would have thought 1t
necessary to resort to such desperate measure to
save himself
Tho witness avoided direct reply to this ques-
ton.
The Court then adjourned until this morning at
/ O'clock