The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-11-23
NATIONAL CAPITAL NEWS.
The Swain COurt-Martial Admits a New
Charge Against the Defendant.
Points from the Report OF the First Assist
AM Postmaster r-General-NewP POstOfices,
and Where They Are Located.
THE SWAIN COURT-MARTIAL.
After Argument, the Amended Charge i
Finally Taken Under Conside ration.


After Argument, the Amended Charge Is
Finally Taken Under Conside ration.
WAsHINeToN, Nov. 22,-When the Swain
court-nartal convened this morning, Judge
Advocate Gardner submitted to the court an ad-
ditional charge against General Swain, embody-
ing the allegations contained in the amendment
offered by him yesterday to the second specifca-
tion to the original first charge, and which was
ruled ont by the court. These allegations are
substantially those contained in the second
specification to the first charge, as originally
presented, with additional averments to show
that at the interview which it is al
legged Swain sought with Bateman
after the latter had fled charges against him
with the Secretary of War, he (Swaim) wrong
fully and improperly tried to evade and pre-
vent an official investigation of these charges by
obtaining from Bateman second letter to the
Secretary of War Withdrawing the charges,
and to show that this second letter was written
at the instigation and request of General
Swain, and upon false representations made by
him (Swaim) to Bateman. He then called upon
General Swain TO plead to the second charge, a
demurrer to which was offered by the defense,
and which was overruled yesterday.
Counsel for General Swain said he had already
pleaded to this specification and charge.
Major Gardner denied that General Swain had
pleaded, reminding the court that he had with
held argument upon this specification until he
could present the additional charge, which he had
offered this morning.
General Swain, his counsel still obiecting
pleaded mot guilty" to the specification of the
oy5 1t1N4o
charge
He was then called upon to plead to the add,
tional charge. He did not plead, his cou nsel
interposing objection that they were not calle
upon to plead to something that had not come
from any authority.
The judge advocate replied that the additional
charge had been referred to this court by the
authority that referred the original charges to
the court and presented to the court the in
dorsenent on the charge, signed by the Secre
tary of War, stating that by direction Of the
President this additional charge is referred for
trial to this general court martial
General GrosvenoF then submitted motion
stating that the accused objects to, and protests
against the court entertaining the proposed ad-
ditiOnal charge and specification as part of the
which this court has been duly sworn, and asks
that said charge and specification be
excluded from the determination of
the court citing as grounds for such
objecting and request that said charge and
specification are unlawful and incompetent and
that it is beyond the power and jurisdiction of
the court to receive and take action in said
charge and specification as part of or in said
trial, at its present stage. In his argument on
this motion Mr. Grosvenor said it began to look,
to ordinary Observers as if there were an organ
lied and persistent persecution of Gen Swain.
Such proceeding as this was" he said; ''in
violation of law, and forbidden by the practice of
the War Department."
" Mr.. Chandler replied that the apprehension
expressed by General Grosvenor was unfounded,
and he believed it the hope of everybody that
Gen. Swain would be bonorably acquitted He
said the step proposed was perfectly proper
; On the conclusion of the argument the court
went into secret session to consider the question
raised by the motion.
After a long consultation the doors were re-
opened and the judge advoea, announced the
decision of the court to be that the additional
charge and specification, having been referred to
it by proper authority, the court directs that
they be filed for future action of the court. Ap-
journed until Monday