The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-11-18
BEFORE HIS TRIERS.
Gen. Swain Arraiyned Before n Court Or
ganiZed to Convict.
SpeciaI tn Cbinapn Tinas

ganiZed to Convict.
Special to Chicago Times.
In large room in the Corcoran Building, fur
nished only with plain tables and chairs and or
namented only by flags festooned around the
cornice, there was commenced this morning the
very unusual event of the trial of a brgadier
general by court-martial. On one side of q
long table that extended across the room sat an
imposing array of military talent bedecked in
as much splendOr as the army of the United
States allows. In the center sat Mai Gen.
Schofeld, the victor of the battle of Franklin,
handsome, dignifed, and constantly winkinG
with both eyes On his right was Brgadier gen
eral Terry the captor of Fort Fisher, and APP
parently much the closest listener to what
was said to the court of all the mem
bers of the tribunal On Gen Schoield's
left sat Brigadier general Miles, who like Terry,
took his first lessons in military science in the
war, and who won his regular army star by his
success In fighting Indians. To the right and
left of these three officers sat most of the briga
dier-generals who are chiefs of the varions staff
corps, Paymastergeneral Rochester, Quarter
ster-general Holabird, Surgeon general Muir
ray and Chief of Engineers Newton All wore
massive bullion epaulets each general had his
black chapeau on the table in front of him, and
the bosom of the major-general was covered
with broad sash of yellow silk and gold lace
This line of battle was hanked on each wing by
three colonies adorned with shoulder knots
'-Coionels Smith, Andrews Brooke Brad
ley Ayers and Black. Every officer had
his sword, which got more or less
mixed up with the legs of his chair In front of
the court were three tables, one for the stenog-
rapher. one for the judge advocate and one for
the accused The judge advocate is Major Asa
Bird Gardner He is cheerful looking blonde
gentleman. who looks, acts and talks like a
youth of twenty-five who has just been admitted
to the bar. AS matter of fact he entered the
Union army lieutenant, in May, 1861 He
wore citizens clothes. The accused, General
Swain. judge advocate general of the army, a
anfE o1l -
Cabinet, appeared in uniform, but with plain
shoulder straps instead of epaulets. He made
up for this. though. by wearing a couple of
decorations on his bosom.
Swain looks thin and very unhappy. He has
few friends, either in the army or in civil life,
stands almost no chance of acquittal and evil
IDENTIFY knows it, He objected to most members
of the court on the ground that they were preju-
diced against him, but any other selection would
have been about as bad. Swain is generally
hated in the army, and as court martial must
be composed of men of higher rank than the
accused, when possible, and of any roll of
officers whose promotion would not be facilitated
by getting the accused out of the army, it is
rather hard getting together a suitable court to
try a brigadier-g general. Swaims counsel, Judge
Sheabar, made long argument to convince the
court that they had no right to try the case
because they were selected by the President
Major Gardner quoted some authorities and an
unbroken line of presidents to show that the
President order courts-nartial even
when the accused commander is not the accuser
The court room was cleared and the question
of jurisdiction was decided against Swain
While the court was in secret session, Swain
and Morrow, two of the unhappiest mortals in
the world. paced up and down the corridors
together. Morrow was dressed in the uniform
of aleutenant-colonel of cavalry. Poor Morrow
is in tight place. While he was here on Gen
eral Shermans staff he lost several years salary
in the War Department poker club, borrowed
money, and duplicated his pay accounts. He
managed to make an arrangement with his cred
tors so that the facts did not come officially to
Secretary Lincolns knowledge. In the Swain
investigation the story reached Secretary Lin
coin officially. and he had TO put Morrow on
trial. Morrow will appear on this trial as a wit
ness against Swain, aud when he is disposed of
Morrow will be tried by the same court, There
is hardly any question but that he will be dis
missed from the army