The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-11-18
A SOLDIER ON TRIAL.
THE GEN. SWAIN COURT MARTIAL
The Accused Objects to Major Rochester
and Generals Scho6eld and Terry
Sitting in Judgment-Two
are Allowed to Retire.

WASHINGTON, Nov. l7.--Upon the
opening of the Swain court-martal to-
day Gen. Grosvener, OF the counsel for
the accused, read the objection on the
part of Gen. Swain to Paymaster-Gen
eral Rochester sitting as a member of
the court. He stated the grounds OF
objection to be that Gen. Rochester is q
material witness in this case. With re-
spect to the second charge against Gen.
Swain, of neglecting to report and take
notice OF the alleged fact that Col. Nor
row had fraudulently duplicated his
pay accounts, and also that the accused
having favored the appointment of Col.
Mcclure to the paymaster-generals
ut the time Gen. Rochester was
appointed to that office, and this
fact being known to the lat
ter, 1t cannot be supposed he
Rochester, can serve as an Impartial
Judge. After argument tho room was
cleased, and when the doors re-Opened,
the judge advocate announced that the
| objection against Gen. Rochester setting
as a member of the court, had been sus-
tanned, Gen. Swain was then asked
whether he desired to object to any other
member of the court. He replied that
he desired to do so, and Judge Shella-
barger then read the challenge of Brig
| Gen. Schofield's right to sit as Il member
of the court, on the ground that he
(Scholield) was prejudiced against Gen.
Swain, and could not sit in this trial as
an impartial judge.
He read Gen. Swaim's reasons for as
sorting that Gen. Schofeld must be pre-
JUDGED against him. These were in
substance that Gen. Swain had at vari-
Gus times in the discharge of his official
duties, commented In severe terms upon
the official conduct of Gen. Schofield,
notably in tho review of the proceedings
of the board of inquiry In the Fitz John
Porter case, and of tho Whitaker court.
martial, and also that Gen. Swain was
on close and intimate terms with Presi-
dent Garfield at the time Gen. Scho-
nelds military command was
by order of tho president bro
Ken up, and Gen. Schodeld
placed on waiting orders; and further,
that Gen. Swain mad been called upon
in pursuance of his official duties TO
make n review of the proceedings i'm
the court-martial of Mai. Schoheld, a
brother of Brigadier-General Schoheld.
ten. Schoiield was put upon his voire
dire and said ho did not think no enter
tanned any prejudice against Gen.
Swain. After u long argument the
court was cleared and ON being reopen
oil the judge advocate announced that
the charge against Gen, Schoheld had
not been sustained. Gen.
Swaim,, through counsel, then
objected 10 Gen. Terry, on
grounds similar TO those urged In the
challenge against General Schotield
General Terry was put on his voire dire
and said he did not think he could he
influenced In tho trial of this case by
any prejudice against General Swain
After argument on this challenge the
court had the room cleared for consul.
tation and upon re-opening the Judge
advocate announced that the challenv,
had been sustained and General Terry
was excused from acting as a member
of the court.
objection was then made by Gen.
Swain to Gen. Murray, on the ground
OF prejudice, growing out of Swaim's
opposition TO his appointment az sur.
geon-genora. Gen. Murray having de,
: clared upon his voir dire that he enter
tanned no prejudice against Gen. Swain
, that would influence his judgment Ia
this case, the challenge was Withdrawn
Counsel for Gen. Swain were then al
= lowed to ask Col. Andrews and Col
Ayers, without formally challenging
these officers, whether they had formed
or expressed any opinions ~
to Swaim's guilt or innocence, anC
whether they entertained any preiu
dices against him that would influenc,
their Judgment In this case. Both hnv
: ing answered in the negative the cour
: was then organized with eleven mem
: beers, by the swearing In of tho member,
ana tho Judge advocate. The judge adj
: vocate then stated that Gen. Swain re-
r quested that subpwnas be issued for d
| secretary of war, Gen, Rochester, Maj
Carey, Col. Barr and Mai. Scott, afteI
which the court took recess until to
I morrow morning.
q The challenge against Gen. Terry TO
day was sustained, because he stated h,
: would prefer TO not sit upon the tria
and be one of Gen. Swaim's Judges,