New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-11-19
NATIONAL CAPITAL TOPICS.
THE SWAIN COURT-MARTIAL.


SPECIFICATIONS OF THE CHARGEs-A DEMURRER
WASHINGTON, Nov. 1S.-The Swain Court
Martial met this morning with eleven members, the io
lowing being the organization Of the court: MAJOR
General John NJ schofeld president Brigadier-Gcncrh
Nelson A. Miles Brigadicr General Samuel b. iioapru
Quarernastcr- General; Brigader General Robert n"r
ray Surgeon General Brigsder General John Newton"
Chief OF Engineers Colonel Charles II. Smith, l"'h n
fantry: Colonel George L. Andrews 2oth ihiah''. ;
Colonel John r. Brooke Sd Infantry; Colonel Luther I.
Bradley 18Th Infantry; Colonel Romcyn b. Ayres "a
Artillery; and Colonel Henry ". Black ODD Infantry
with Major Asa Bird Gardner, Judge-Advccate United
states Army. as Judge-Advocate of the court
The session was begun with the formal reading Dy tue
JudgcAdvocatc of the charges and specifications upon
which General Swain is 10 be tried. There are TWO
charges Of which the first Isl "Conduct unbecomins u"
officer and y gentleman in violation of the ixtyrst AT
tIcc Of War" and the second "ncglcct Of duty III WON
ton of the sixty second Article OF War; Under the rs
charge there are specifications. The first IL that
Swain deposited the nominal of $4,000 with Bate
man Coz of which ~ 900 represented by his own
check ON that firm. and receiving Their for educ bii
from Bateman as an acknowledgment Of the deposit
and having reduced that amount In his business raSc
lions with the firm 10 500 80, and having also receive"
statement of his account showing that fact from Batehan
Co.. vet he Endorsed the due bill" which he had re-
ccived from Baeman Co. for $1,000 pay to Bright
Humphrey q Coz order" thus attempting to coal
nit fraud upon Co. The second that after
the publication Of the charges made against him by
Baeman to the Secretary of War, by letcr, SWAIN I'M
properly sought in a personal interview with MI Bate
man. prevent investigation. and procured Baema
TO write another letter. which published The thfd
quotes all the letters published and the answer when
General Swain made the Secretary of War when asked
by the latter for statement, which the specih
cation says is evasive. uncandd and false and cacu
lated and intended the Secretary especially
in particulars, which are enumerated The fourth
specification is that Swain threatened to his official
position TO impair the value OF securities given by
Colonel Morrow to certain brokers unless they dhe
brokers' paid claim which he held against Morrow Inc
one specification the second charge is that Swain
failed to report proper authority, although he knew
the fact that Colonel Morrow had duplicated his pay ac
counts.
The regular order suspended for Mr.. Parker, VINO
testified to having obtained possession OF the due-p
which plays conspicuous part in this case from MI
Humphreys TO whom had been Endorsed by General
Swain. permission of General swain. AFTER lhe
charges against swain had been preferred by MI bate
man lie identified this duc-bl. In an interview nc
tween Swain and Bateman at which he was present.
there was talk he said. that II Colonel MOTTO"
were court martiacd they would all lose their money
Both Ba,eman and Swain became very earnest durng
the conversation. He added that at that time IL was
generally admitted that Morrows pay accounts Were
fraudulent. ON cr0ss-examinaon he said that ne conu
not saw tina, General Swain who had stated IN the
conversation with Bacman that II Morrow were court
martialcd they would all lose their pay. 1t,
General Swaims counsel entered "a demurrer 10 tnc
first specification the grounds that IL did not state
facts sufficient To support the charge ana That II d ot
show facts that make ont the charge OF conduct uhuc
coming officer and gentleman Judge shellanargcr
then argued the demurrer behalf of General SWAMI
aud the Judge Advocate replied. General GroSvenor
followed with argument In support OF the demurrer
The court cleared while the court considered
the demurrer. When IL was rcoprned General Schohch
announced that the motion III demurrer remained uher
consideration and the court then adjourned until TO-
morrow.