St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-18
SWAIN COURT MARTIAL.
AT ter Several Objections by Gen.
Swain as tOJudges the Court
is Finally Organized

WAsHISGToS, Nov. .17.-Upon the opening
OF the Swain court martial to-day Gen. Gros
yepor, Of the counsel for the accused, read
an objection on the part Of Gen. Swain to
Paymaster General Rochester, sitting as q
member Of the court. He stated the grounds
of the objections TO be that Gen. Rochester is
q material witness in this case with respect
TO the second charge against Gen. Swain of
neglecting TO report, and taking notice OF
the alleged fact that Col Morrow had fraud
ulently duplicated his pay accounts, and also
that the accused having favored the appoint
ment Of Col. Mcclure TO the paymaster gen
eralship at the time Gen. Rochester was ap-
pointed TO that Office, and this
fact being known to the lat
ter II cannot be supposed he
(Rochester) can serve as an impartial Judge
After argument the room was cleared, and
when the door was reopened the judge advo-
cate announced the objection against Gen
Rochester sitting as a member Of the court
had been sustained.
Gen. Swain was then asked whether he
desired to object to any other member OF the
court. He replied he desired to do so, and
Judge shellabarger then read challenge OF
Brigadier General sehoheld's right to sit as q
member of the court, on the ground that he
(SchOdeld) was preiudiced against Gen.
Swain, aud could not sit on this trial as an
impartial judge. He read Gen. Swaim's rea-
sons for asserting that Gen. Schofeld must be
prejudiced against him. These were 10 sub
stance that Gen. Swain had at various times
~ h.aI die calao Of np3 al I..tf.
mented in severe terms upon the official
conduct of Gen. Schofeld, notably in the re-
view of the proceedings of the board OF in
quiry IN the FitZ John Porter case, and of the
Whitaker court martial, and also that Gen.
Swain was on close and intimate terms with
President Garfield al the time Gen. Scho-
fields military command was, by order Of
the president, broken up, and Gen. Scho6eld
placed on waiting orders; and further, that
Gen. Swain had been called upon, in pursu-
ance Of his official duties, to make a review
of the proceedings in the court martial
Maj. Gen. Schodeld, brother OF Brig. Gen
SchOdeld, was put upon bis voire dire and
said be did not think he entertained any
prejudice against Gen. Swain. After long
argument the court was cleared, and on be-
ing reopened the judge advocate announced
been su stained.
Gen, Swain, through his counsel, then OBJ
jeeied 10 Gen. Terry on grounds similar to
those urged in the challenge against Scho-
field. Gen. Terry was put upon his Voire
dire and said be did not think be could be
influenced in the trial OF this case by any
prejudice against Gen. Swain. After argu-
ment Of this challenge the court had the
room cleared for consultation, and upon the
doors being reopened the judge advocate an-
nounced the challenge had been sustained,
aud Gen. Tcrry was excused from sitting as
a member Of the court.
Objection was then made by Gen. Swain
TO Gen. Murray, OH the grounds of prejudice
growing out of Swaim's opposition to his ap-
pointment as surgeon-generai. Gen. Muir
ray having declared upon his voire dire
he entertained no prejudice against Gen.
Swain that would influence his Judgment in
this case the challenge Was withdrawn.
The counsel for Gen. Swain were then al
lowed 10 ask Col. Andrews and Col. Ayres,
without formally challenging these officers,
whether they had formed or expressed any
opinion as to Swaim's guilt or limo
cence, and whether they enter
tanned any prejudices agsinst him
that would inhueAce their judgment ia
this case. Both having answered in the
negative, the court was then organized With
eleven members by the swearing in Of mem
bers and the judge advocate.
The judge advocate then stated that Gen.
Swain requested subpenas to be sissaed for
the secretary OF war, Gen. Rochester, Major
Carey, Col. Barr and Major Scott, after
which the court took a recess until to-mor-
row morning.
The challenge against Gen. Terry to-day
was sustained, because he stated he would
prefer not to sit upon the trial and be one
of Gen. Swaim's Judges.