The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1884-11-20
rhs Swain Case.

w AEAlH6IOAs NV SAS
opening OF the Swain court martial to-
pay Gen. Grosvenor. one of the counsel
for the accused, read an objection on the
part Of Gen. Swain TO PaYmaster Gen
eraI Rochester sitting a. member of the
court He stated the grounds of objection
20 be that Gen Rochester is q material
witness In this case, with respect to the
second charge against Gen. Swain of
Heglecting to report and take notice of
the ALLEGED fact that Col. Morrow had
frHuduleDtIy duplicated his pay &C
counts, and also that of the accused hav-
ing favored the appointment of Col. Nc
CluFe to the paYmsster generalship at
| the time Gen. Rochester was appointed
| to that office, and this fact being known
TO the latter il cannot be supposed that
he (RochesteJ) can serve ss an impartial
judge.
After argument the room was cleared
snd when the door was reopened the
| judge advocate announced the objection
against General Rochester sitting as q
member of the court had Oeeh sustained.
Gen. Swain was then asked whether he
desired to object to any other member
| OF the court? He replied he desired to
do 80, and Judge ShelIabarger then read
| q challenge Of Brig. Gen. Schoffield's
the ground that he lSchofield) was pref
udiced against Gen. SRaim and could
not SIT In this trial as as impartial judge.
He read Zen. SWaim's reasons for as
seTting Gen. Seh0field Hust be preiu-
diced against him. These were in sub
sta4see Gen. Swain had>at xae4oas times
in dIschsrgi0g his Official duties CON-
mented in severe terms upon the official
conduct OF Gen. Schofield, no.
! tably in reviewing the proceedings
of the board of inquiry IN
the FiIz John Porter case. and of the
Whitaker court martial, and also that
General Swain was ON close terms with
President Garfield at the time that Gen
eral Schofeld's military command was
by order OF the president, broken up and
General SchOfield placed on waiting or
ders, and further that General Swain
had been called upon, in pursuance of
his official duties, to make a review OF
the proceedings in the court martial of
Major q. w. SchOfieId, brother. Gen
eTal Schot1eld was put upon his voire
dire and said he did not think he eute r
| tanned any prejudice against General
Swain.
After long argument the court was
cleared. On being reopeDed the judge
| advocate announced that the challenge
against General ScLofield had not been
sustained.
Gen. SWAIN through his counsel, then
objected to Gen. Terry, on grounds simi-
lar to those urge1 in the challenge
| against Schofield.
Gen. Terry was put upon his voire dire
| and said he did not think he cculd be
| Influenced in the trial of this case by any
| prejudice against Gen. Swain. After
| argument of this challenge, the court
had the room c cared for consultation
| and upon the doors being reopened, the
| judge advocate announced that the chal.
lenge had been sustained, and Gen
| Terry was excused from sitting as q
memb Der of the court.
Objection was then made by Gen
Swain to Gen. Murray, on the ground
of prejudice, growing out of SWa'm's
| opposition to his appointment as surgeon
general. Gen. Murray having declared
| on his voire dire he entertained no pre-
Judice against Gen. Swain that would
| influence him in this case, the challenge
was withdrawn.
| Counsel for Gen Swain were then al
lowed to ask Col. Andrews and Col
| Ayres without formally challenging
thu Sc officers whether they had formed
or expressed any opinions as to Swaim's
guilt or innocence, and whether they
entertained any prejudice against him
that would influtnce their judgment 10
| the case. Both having answered in the
negative court was then organized with
the eleven members, by swearing in oil
members. The judge advocate then stated
that Gen. Swain requested tpat subpe
mas be issued for the secretary of war
Gen. Rochester, Major Carey, Col Bari
and Maj Scott, after which the cOuIt
/ e0rs inf g.
The challenge against Gen. Terry to-
day was sustained, because he stated be
would prefer not to sit upon the trial
and be one of Gen. SwaIm's Judges.
WASHINGTON, ID. O., Nov. 1S.-The
Swain court martial began its session
Today with the formal reading of charges
and specifications upon which General
Swain is to be tried. There was
some little difficulty following
the reading of the charges about the
proposed examination of MIR. Parker,
one of The witnesses out of TIL regular
| order, In the course of which the iudg
advocate having stated that he proposed
10 examine the witness IN The same man-
ner as he had been examined before the
court of IL curry. Mr.. GrOsvenor of the
counsel for The defense interrupted him
with L dun't think YOU will examine
| him in the SAM way without some
music,' aud afterwards II ferIiDg tn the
.estIm' ny given by Parker before the
court o. quiry sad 1t was largely the
testimony of Gen Pope, president of that
court, and net eft the witness An
agTeemt Mt was finally reached by
which Parker was allowed to ties ity
out of the regular order, the defense re-
serving the night to object to recording
any part Of bis testimony.
| Parker, on being sworn testified to
having ob'aIned possession of the Bate.
man due bill, which plays so cOnspIcu.
GUS part in this case, from Humphrey
To whom it had been Endorsed by General
/ Swain. He identified this due bill