Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-11-21

mission 10 Amend One OF llAe Specffi.
cations.
the Swain court-martial met at the Ebbitt
house this morning. The arrangements for spec
tators were changed somewhat, 50 as TO provide
seats Tor ladies interested in the proceedings Of the
court. and number OF ladies' were present when
the courtopened
THE DEMURRER TO TEE SECOND CT AR6R
MT Grosvenor opened the argument for the de-
Iense, upon the demurrer TO the second charge
against General Swain; that he Introduced Col.
Morrow to Bateman & Co that he might negotiate
his pay accounts, and that when Bateman & Co.
informed him (Swaiml that these accounts had
Deen duplicated or Implicated. he failed to report
tns matter to the proper authority. Mr. Grosyenor
advocate general TO report upon his fellow officers,
ana argued that such act would have been
derogatory to the discipline OF the army. Mr..
GroSvenor argued further that it was not alleged
In the specification that it was true that Col Nor
row had actually duplicated his pay accounts but
simply that General Swain had been told that
such had been the case. Thus. he said. General
swain was charged simply With failing to repeat
ioie tattle, derogatory to fellow oficer. He
snow That Col. Morrow had duplicated his accounts
nor could 1t be assumed in trying this that
had.
Mr.. Jef Chandler, In reply TO Mr. Grosvenor, said
mat the counsel for the defense had endeayored TO
cast reproach upon the charge by saying that t
charged Gen. Swain with not being an Informer:
that he sought to prejudice the court by the use
eplthetS. He then quoted the common ana the civil
laws which require officers OF the law and govern
ment 10 report any attempted frauds &c, upon
the government which come under his observation
AS private Gen. Swain, he said, would not be re
CURED to report the shortcomings OF another.
special duty was to assist the Secretary
OF war IN just such matters, the circuni-
stances were changed, and it became an ofense Tor
him to conceal such knowledge from the proper
authority. As to evidence OF the truth OF the
charges against Col Morrow, he held that in
SO lar as such evidence became an element IN Gen
Swalm's case, 1t could be taken, and would not eff
feet Col Morrow in the law.
Judge Advocate Gardner added a short argument
10 that OF MI Chandler. quoting the military law
to show that it was General Swaim's duty as Judge
advocate general to report to the Secretary or War
any such case coming to his knowledge as that OF
COL MORROW. The Judge advocate general, he said
held the position OF confidential advisor OF the Sec
rotary. Moreover, he said, this case was different
simply learned OF violation OF the law by an off,
Ger in the army, but where the judge ad vocate
general had been implicated In the transaction. in
asmuch as he introduced Col. Morrow to Bateman
d Co.. ana personal representation Induced the firm
to advance money on fraudulent pay accounts.
Mr. Shellabarger then closed the argument for
the ueIenSe. de TOOK the ground that IL there WAS
a law which had been violated, that there was no
necessity OF pleading, but that 1t appeared that
could DE no crime; and further that ir could be
urged that it was Gen. Swams duty to report 10
The Secretary OF War case that he alreadyheard
all about.
TIE DEMURRER oyERRULED.
The court oyerruled the demurrer to the second
charge,
Col. Gardner then announced that before proceed
Ing further he desired to ask the privilege OF the
court to present an amendment to the second speci-
hcation OF the first charge, which was overruled
Yesterday. The amendment was an amplification
OF the second pecicatiOn which was yesterday held
to be not sufficiently specific.
After recess Of fifteen minutes to allow the
counsel for the defense TO consult, the court was
Ieconvened and Mr. Grosvenor objected to the ad-
mission or the amendment, contending that Il
amounted to a new charge.
Judge Advocate Gardner contended that the
amendment was admissible
NEW CHARGES TO BE PRESENTED.
The court Overruled the amendment and
Judge Advocate Gardner gave notice at
adjournment that he would present new charges