The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-11-18
THE SWAIN TRIAL.
Members of the Court-NTartiaI Objected To
The court Organized.

The Court Organized.
WASHINGTON, Nov. 1L-Upon the opening of
the Swain courtmartial to-day, General Gros-
venor, of the counsel for the accused, read an
objection, on the part of General Swain, to Pay
master general Rochester sitting a member of
the court He stated the grounds of the objec-
ton to be that General Rochester is material
witness in this case with respect to the second
charge against General Swain, of neglecting
to report and take notice of the alleged fact that
Colonel Morrow had fraudulently duplicated his
pay accounts, and also that the accused, having
favored the appointment of Colonel Mcclure to
the paymaster generalship, at the time General
Rochester was appointed to that Office, and this
fact being known to the latter, it cannot be sup
posed he (Rochester) can serve as an impartial
judge. After argument the room was cleared,
and when the doors reopened the judge-advocate
announced that the objection against General
Rochester sitting as member of the court had
been sustained.
General 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 Shellabarger then read a challenge of
Brigadier general Schofeld's right to sit as
member of the court the ground that he
(Schofeldl was prejudiced against General
partial judge. He read General Swaim's reasons
for asserting that General Schofeld must be
prejudiced against him. These were in sub
stance, that General Swain had at various
times, in the discharge of his official duties
commented in severe terms upon the official con-
duct of General Schofield, notably in a review of
the proceedings OF the board of inquiry in the
Fitz John Porter case, and of the Whitaker
court martial and also that General Swain was
on close and intimate terms with President Gar
field at the time General Schofelds military
command was by order of the President broken
up and General Schofeld placed waiting
ders; and, further, that General Swain had
been called upon, in pursuance of his official du-
ties, to make review of the proceedings in the
court martial.
Major G. w. Schofeld, brother of Brigadier
General Schofield was put upon his voire dire,
and said he did not think he entertained any
prejudice against General Swain.
After a long argument the court was cleared,
and on being reopened the judge-advocate an
nounced that the challenge against General
Schofeld had not been sustained.
General SWAIN through counsel, then objected
to General Terry on grounds similar to those in
the challenge against Schofeld.
GeneralTerry was then put upon his voire dire,
and said he did not think he could be influenced
in the trial of this by any pref udice against
General Swain
After argument OF this challenge, the court
had the room cleared for consultation. and upon
the doors being reopened, the judge advocate
announced that the challenge had been sustained
and that General Terry was excused from sitting
as a member of the court
Objection was then made by General Swain
to General Murray on the ground of prejudice
growing out of Swaims opposition to his appoint
ment as Surgeon general
General Murray having declared upon his
voire dire that he entertained no prejudice
against General Swain that would influence his
judgment In the case, the challenge was with
drawn. The counsel for General Swain were
then allowed TO ask Colonel Andrews and Colo.
mel Ayres without formally challenging these
officers, whether they had formed or expressed
opinions as to Swaim's guilt innocence, and
whether they entertained any prejudices against
him that would influence their Judgment in this
case Both having answered in the negative, the
court was then organized, with eleven members,
by the swearing in of the members and the
judge advocate. The judge advocate then
stated that General Swain requested that sub
penas be issued for the Secretary of War, Gen
eral Rochester, Major Carey, Colonel Barr and
Major Scott, after which the court took recess
until tomorrow.
The challenge against General Terry to-day
was sustained because he stated that he would
prefer not to sit on the trial and be one of Gen
eral Swam's judges,