The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-11-23
The swaIm CourtmnrtInl.

WASHINGTON, Nov. 22,-Wben tho
SWAIN courtmartial convened this
morning Judge Advocate Gardner suh-
mitted to tho court an additional charge
against General Swain, embodying the
allegations contained In the amendment
offered by him yesterday TO the second
speclheations to the origina first chare,
and which was ruled ont bv the co,is.,
rhoso allegations are substantially tbosn
contained In the second specification 10
tho first charge as oriv'
inally presented, with the a6-
ultlonRl nverments to show tbn,
at tho interview at which il IL nllegad
Swain sought with Bateman after RI,
latter had filed charges against him witt
tho secretary OF war, he (Swaim) wrong
FULLY and improperly tried TO evade anG
prevent a final investigation of thos,,
eharges, by obtaining from Bateman
sevonu Ietter TO the secretary of wai
That this SECOND letter was written 81
tho instigation and request of Genersl
swain, and upon false representation
hlade ~ MIN (Swaim) to Bateman.
ne thon calleu upon Gen. Swain
plead 70 the second charge, u demurre
TO which, offered by the defense. was
overruled yesterday.
Counsel for Con. Swain said he baa
already pleaded to this specification snd
charge. '
Maj. Gardner denied that SWAIN
had pleaded, reminding Ia,
court that he had viii
held the arraignment upon this specif-
cation until he could present the add
tional charge which he had offered this
morning.
Gen. Swain, bis council still obiecting
pleaded "not guilty" to the speoiiicatin,'
to tho second charge, and 'not guilty.,
To the second charge. He was then
called upon TO plead, his counsel inter
posing as an objection, that they wer
not called upon To plead TO somethini
calling this court.
me Judge-advocate replied that IN.
additional charge had been roferred Il,
TINS court by tho authority that r,
ferrod the original charges To the cony,
and presented to tho court tho endo,s,
ment on the charge, signed by the go,
retary ofwar, stating that "by 'directio,
OF tho PRESIDENT this additional charr,
ispreierred for trial to this general oour,
martial.
Gen. Grosvenor then submitted mo
ion, stating that tho accused objects
10 and protests against the conrt ente,
talnlng the proposed additional charp,
anu specification az part of the mate,
now on trial for determination, whicl.
THIS court has been duly sworp
and asks that said charge am,
specification be excluded from IN,
the determination of the court, recitip,
as grounds for such objection and n
quest that said charge and Specification,
are unlawful and incompetent, and thn
IL ~ beyond the power and iurisdictio,
OF this court to receive and take aetio
on said charge and specialization =
part of or in said trial. Al 4,
present stage. In his argument on mi
mction, Gen. Grosvencr said it hevnnt
look to an ordinary observer as If tho,
were organized and persistent persec,.
ton OF Gen. Swain. Such proceedine
az this was, he said, In violation OF Law.
and forbidden by the practice of IN,
war department.
Chandler replied that the apprebep
SION expressed by Gen. Grosyenor wa.
uniounded and he believed Il the hon.
OF everybody that Ges. Swain H..
honornbly acquitted. lie said the ste,,
proposed was perfectly proper.
On the conclusion OF the argument tn,
court went into secret session To con.
ton. ~ 'Ho '""
After a long consultation tho door,
re-opened and the judge-adyocato an
nounced the decision Of tho court 10 h
tnat the additional charges and specit
cations having been referred 10 Il Ry N.
proper authority, the court directs In.
they be died Tor future action. TIL
eouFt adjourned until Monday.