Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-11-18

THE SWAIN CGURT.MARTlAL.
The Defense Demurs to the Charges.
ONE WITNESS EXAMINED TO-DAY By AGREEMKNr-A
LEGAL FIGHT AGAINST THE CHARGES AND sPKcIFI.
CATIONS OPENED.
The eleven members OF the Swain court-martial
remaining after the accused finished his chal-
lenges yesterday met this morning at the Corcoran
building and proceeded the trial of the charges
against Gen. Swain. The first charge Is conduct
unbecoming an officer and gentleman, in viola
tion OF the 6lst article OF war;" and the second
"neglect Of duty, In violation of the 69d article OF
war" There are several specifications out Of these
charges, growing out OF the relations Of Gen Swain
With Mr. A. E. Bateman, the banker, and Col A.
p. Morrow. 1t Is charged that although there was
but S33s9 due him from the firm OF Bateman &
Co., he endorsed dueblll for 5000 given by the
that amount of money in the bank, to Bright, Hum.
phrey q Co, thus attempting, as 1t IS alleged. TO
0efraud Bateman Co.; that Gen. Swain suoSe-
quently, in an interview with Batemen, sought i'm
properly to evade and prevent an investigation OF
charges preferred by Bateman; that he made au
evaslve, uncandld and false answer in letter Ia
the secretary OF War when called upon TO explain
the charges that he threatened to use his official
position to impair the value Of securities given by
Col Morrow to certain brokers, unless they PAID
claim which he held against Morrow; and that he
Tailed TO report TO the proper authorities, although
ne knew the fact that Col Morrow had duplicated
his pay accounts.
OPENING PROCEEDINGS TO-DAY.
All the seats in the room were occupied BY spec
tators this morning. Gen. Swain and his counsel
Messrs. Shellabarger and Grosvenor, and MI. Bate
man and his counsel, Mr.. Jeff Chandler. sat near
the long table occupied by the court. Col Morrow
was also present. The Judge advocate, Maj Gard.
ner. stated that arrangements had been made for a
larger room for the use OF the court In the EDbtt
house. He presented also letter from Gen. Meigs
suggesting the use OF room In the new pension
building. Gen. Schofield, the president OF the
court, said that If the room In the Ebbitt house
was not found TO answer the purpose they would
avail themselves OF Gen. Meigs suggestion.
When proceedings were begun this morning Il
was arranged that the record should be read over
each day by counsel, instead OF being read to court
The judge advocate then read the formal charges
against Gen. Swain. After the reading the judge
advocate stated that as the defense had previously
intimated, the pleading would occupy some time,
he would like first TO get consent to introduce the
testimony OF witness whose large business inter
ests required him TO get excused from attendance
upon the court as soon as possible
Mr.. GrOSvenOr objected to examining the witness
unless he was examined first as to what he knew
about one charge, then as to what he knew about
the next charge, &C.. and then be cross-examined
separately under each charge He objected, he
said, to following the course that was followed by
the court OF inquiry and telescoping the different
charges. At that court, he said, the testimony was
largely the testimony OF Gen Pope and not OF the
witness.
TESTIMONY OF Mr.. MYRoN N. PARKER AS TO THE
$1,000 DUE BILL.
After some discussion, the witness in question
MI. Myron NJ. Parker, real estate broker Of this
city, was introduced
by Bateman Co 70 Gen. Swain In July, 1892
He said the due bill was delivered to him by Mr.
Humphrey, OF Bright & Humphrey, about noon OF
April 18th 1885, so near as the witness could recOl
lect. He was on his way to Gen. Swatm'S office at
the time, and meeting Mr.. Humphrey on the way,
Mr.. Humphrey ACCOMPANIED him. There Mr..
nod
deliver the due bill to witness according to an
agreement previously made, and set uut In memo
made upon the day OF the publication OF Mir. Bate
mans charges, which was April 18th. The witness
had an interview with Col. A. P. Morrow In
April, 1883, In reference to his pay accounts
Gen. Swain about Col Morrow's pay vouchers.
The firm Of Bateman Co, with which witness
vouchers given by Col MORROW. and had become
satisfied that they were duplicates and worthless
The witness called Gen. Swaim's attention to the
fact. He asked Gen. Swain to see Col. Morrow
and, II possible, use his influence TO have Col Nor
row set these accounts right. Gen. Swain eX.
pressed surprise and said he would see Col Morrow
Witness spoke to Gen Swain at MI. Baterlan's
suggestion. No one introduced Col Morrow to the
bank when he got the advance upon his vouchers
Col Mckibben came TO the bank with him. He
brought a note from Gen. Swain. During the
summer OF 1888 Gen. Swain aud Mr. BateInan had
interview in the witness Office in relation 70
Col. MOrrOw'S pay accounts and his Indebtedness
to different persons.
The judge advocate was about to present to the
witness the record OF the witness testimony before
the court of inquiry TO refresh his memory.
Mr.. Grosvenor objected to reviv1ng the recollec-
ton OF the witness in this way. At that eXamina-
ton, he said, the president OF the court {Gen.
POpel having his Intellectual Headquarters In the
saddle, rode booted and spurred over every propo-
SitiOn OF law and justice ever laid down In book
or lntimated by an elementary teacher until he
succeeded In encumbering the record with state
mentS that the witness never uttered and mani.
festiy never intended to utter.
The judge advocate thereupon withdrew the
record. The witness was unable 10 give more than
general statement Of the interview between Gen
Swain and Mr. Bateman. saying that it Was in re-
gard to this subject OF Col MOrrowS accounts and
est and warm. In the cross-exaIntnatiOn witness
said that I'M the conversation 1t was stated that ii
Col. Morrow was contaminated all would lose
their pay, but he would not say that this was said
10y Gen. Swain. When Col. Morrow came first to
the bank he wanted 5000 or So 600. to be secured
by life insurance policy. That was the thine he
advance being refused, Col. MORROW was advanced
81 800 on his pay accounts. The note OF intro
duct1On brought by Morrow was formal note,
simply stating that Col MorrOw wanted to talk tC
Batelnan & Co. about some business transactions.
He did not think il stated anything about Col.
Morrow's financial responsibility. The witness
was then excused
GEN. SWANS DEMURRERS.
Gen. Swain was then called upon to plead to the
charges. He demurred, through his counsel, Mr
GroSvenor to the first specification under the first
charge on the ground that the facts set forth were
not sufficient TO sustain the charge AS matter
OF law the demurrer set forth the transaction de
Scribed In relation TO the due bill could not have
operated to defraud Bateman & CO.
Mr.. Shellabarger opened the argument upon the
demurrer, holding that the specification charged
conduct punishable under article 61 OF the arti-
cleS OF wal.
Political Notes.
PreSident-elect CIeveland'S callers yesterday
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