Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-11-22
THE SWAIN TRIAL.
objections Raised by the Defense ca
Revising the Charges.

1A6 y ~ AIM A86kAAe
objections Raised by the Defense %
Revising the Charges.
When the Swain court-martiai opened this
morning the Judge advocate presented the addi-
taona charge he had preferred against Gen. swain.
70 take the place OF the second specification under
the hrst charge, O demurrer to which was main
tanned oy the court This additional charge was
substantially the same as the amendment offered
yesterday to the original charge, and which was
not admitted by the court It differs from the
orglnal specification only In setting forth that the
letter from Mr.. Bateman to the Secretary of War
asking to withdraw charges against Swain prev1-
ously made was procured by false statements and
representations by Swain, made In furtherance Of
purpose to evade an investigation Of the charges
GEN. SWAIN PLEADS NOT GUILTY.
Gen. swain then pleaded not guilty to the
Charges and specifications the demurrers to which
have not been sustained.
A NEW POINT.
Upon being called upon to plead to the addi-
tional charge Mr.. Grosvenor objected that the
charge had not come from the authority which had
created the court, and he knew no other authority
empowered D bring charges before this court.
The judge advocate called attention to the en-
uorsement on the back OF the charges, signed by
the Secretary Of War, and referring the charge, by
direction OF the President to this court for trial
NOTION TO EXCLUDE THE NEW CHARGES
After the additional charges had been examined
by the court and counsel, Mr.. Grosvenor submitted
q forma! motion to exclude the charge, set
protests against this court receiving or entering
upon the proposed charge and specification. The
grounds stated for the motion Were that it was I'M
lawful, Incompetent, and beyond the power and
Jurisdiction OF the court to receive such charge In
support Of the motion Mr. Grosvenor spoke at con-
sesds asans his ceng ea Under ns
head of organized and persistent persecution.
Sacn q thing as now introducing new
violation OF law. and had always been discounte-
name named and forbidden by the practice Of the War
Mr.. Grosvenor, in the course Of his argument,
likened the Introduction OF a new charge at this
time to
BRINGING IN A "CoLD DECK,"
which, he said, some OF his auditors would under
stand II do not" he added, "use that language to
the court for the manifest reason that know the
court won't understand itn
Mr. Chandler replied to Mr.. Grosvenor. Refer
ring to Mr. GroSvenOrs intimations that his client
was oeing prosecuted. Mr. Chandler referred to the
dignity OF the court, saying that nothing could be
done to the defendant except what was done openly
before the court, which fact, he claimed should
leve counsel OF all apprehension that injustice
would be done. He maintained that the authort-
ties Only held that such new charge could not be
introduced after the arragnment. He held that
the argument had not been completed.
The judge advocate followed Mr.. Chandler, Ar
guing IN support OF the propriety of introducing
new charge now.
TRIAL NOTES.
The attendance at the trial increases every day.
The room not taken up by the tables occupied by
court and counsel, Is crowded with spectators The
illustrated paper artist has found his way to the
court and percheS about in different parts Of the
room, getting front views and proflles of the dis
tlnguished Officers sitting at the table. Many of
Gen. SWaim'S friends come into tho court every
day. Commissioner OF Patents Butterworth Is O
frequent visitor to the court room.
The New York senatorshtp.
Mr.. COMBINES NAME STILL KEPT, IN THE FORE
GRoUND-MR- MORTON SAID TO HAVE THE BEST
CHANCE.
The New York Senatorship is still being dis
cussed with much interest In political circles, and
Mr.. Conkling's name Is kept In the foreground
Republicans say that the idea OF returning him to
the Senate was originated by the democrats, and
that If he should be elected he would be "Cleve-
lands Senator" They say, however, that he can
not be elected; that several Of the stalwartS who
have been spoken OF his supporters in the event
clared that under no circumstances would they
vote for him. Hon. Levi p. Morton is spoken of as
the man who now has the best chance to succeed
Senator Lapham. 1t was his interest in this 1t Is
said, that brought him home from Paris, and all
his plans are well laid.
DURING THE ABSENCE Of the chief signal officer
Capt. Samuel N. Mills fifth artillery, WILL by direc-
ton of the President, take charge OF the Office Of
the chief signal officer and perform his duties.
FRANK E. ANDERSON, Of Virginia, has been ap-
pointed to 81 900 clerkship In the first controllers