Savannah morning news. [volume] (Savannah) 1868-1887, 1884-11-23
SWAIN HIT ON THE HIP.
THE ADDITIONAL CHARGE AD-
MITTED BY THE COURT.


Swain coart martial convened this morn
ing, Judge Advocate Gardner, pursuant
to the notice given yesterday, submitted
TO the court an additional charge against
Gen. Swain, embodying the allegations
contained in the amendment offered by
him yesterday TO the second specification
to the original first charge and which was
ruled out by the court.
These allegations are substantially those
contained in the second specification TO the
/ first charge as originally presented. with ad-
/ ditional evidence to show that at an interview
which IL is alleged Gen. Swain sought with
! Mr.. Bateman after the latter had fled charges
| against him with the Secretary of War, he
/ tSwaiml wrOngfuly and improperly tried to
eyade and prevent an official investigation Of
those charges by obtaining from Mr.. Bateman
/ q second letter 10 the Secretary OF War with
/ drawing the charges, and To show lhat TINS
! second letter was written at the instgatiOn
and request Of Gen. Swain and upon false
/ representations mace by him lSwaim) to Mr..
/ Bateman. He then called upon Gen. SWAIN
/ to plead to the second charge, the demurrer
] to which offered 10y the defense was OverTUled
/ yesterday The counsel for Gen, SWAIN said
that he had already pleaded 10 TINS spfGlHca-
tiOn and charge. MAJ. Gardner denied thaJ
I Gen. Swain had pleaded, ana reminded the
Y court that lac had withheld the arraign-
ment upon this specification until he
could present the additional charge which he
I had offered this morning. Cen swami, ms
D tIAEecl -lAll Ottitf-Lltl-s UttAAA't Atb Auilhe
l t. The specification TO the second charge. and
/ mot guilty. 10 the second charge. lie was
I then called upon to plead to The additional
/ charge. lie did not plead. his counsel inter-
/ posing an objection that they were not called
upon To plead to sOmeihIDl that had not come
+ from any authority calling this court. The
/ Judge Advocate replied that the additional
charge had been referred TO TINS court by the
/ authority that referred the original charges
I % the court, and presented TO he court an
I in tGrSeult ut on the charge signed bv the Sec
2 "a ID I. s
the Presideut7 this additional charge is re-
f-rred FOR trial TO the general court martial.
GEN. GROsvENOR's OBJECTION.
Gen. GrosveuOr then submitted a motion,
stating that the accused objected 10 and pro-
/ tested against the court entertaining the pro-
/ posed additional charge and specification as
/ part of the matter on trial for winch TINS
. court nGi been duly sworn, ana asked tGdJ
/ s%G charge and specification lie exc u',ed
I from determination Of the court, reciung as
/ the grounds for such objection and request
( that said charge and specification was un =
/ lawful and incompetent. and that II Is be. OGd
4 the power and jurisdiction of the court 10
I receive and take action on said charge
I and specification as part Of or in said trial
/ at the present stage. In has argument
/ on this motion. Gen. GrOSVenOr SAID: II am
surprised and shocked at the general aspect of
I this case. and am justified in saying 10 the
court that it begins TO seem rs II l could see
/ the faint gimmcr of that which would look
] 10 an ordinary observer as if 1t came under
/ the head of organized and persistent persCcu-
] tiOu. The Government commenced this pro-
! eocdE g l0ng time ago. 1t Is not the policy
/ OF the C. urts OF the country, either civil or
military, that the prosecution shall go on
/ building Itself mp when tie accused comes
I forward and strikes down portion OF the
/ prosecution, or that the prosecution shall
/ compel him to permit reorganization of the
forces"
THE GOVERNNIENT'S PRIVILEGES.
He SAID that he did not deny that the
/ government might keep on the fight with Gen.
N.asrrr al 70 a. aen 4 IN a Q
] multiply the agencies that are brought 10
/ bear at lis pleasure, but he insisted that it
| shall try him after II began to try him, and
/ If 10 have other charges against him, try him
anew. and give him a fair chance. He added
that this court was 20 some extent trying this
/ case before the country, and that GJ the
! great tribunal of public opinion it would not
| be considered fair or right that man should
! be driven TO trial. and that then his accUsers
! shOu be permitted to substitute or enlarge
! the Indictment against him. The tyranny Of
| the fabied de pot who hung his DEGREES SO high
! that the pOpulace could not read them and
! then punished the people for not Obeying
/ them was, he said, q mild illustration of tyr
| amy com pared with " hat II would be If this
! court decided that Il man may be placed on
/ trial with the proper limit of preparation,
/ and then be forced TO answer to new charges
/ without preparation. Such proceeding as this
/ was. he said, without law, in violation of the
! law and has always been discOuntenanced and
! always forbidden by the practice of the Var
/ Department. lie called upon the prosecution
! not to get "a man helpless into court and then.
/ grind INN because they could. Mobs and vigil
/ auCe committees. he said, tried men after
| such fashion, but courts never. He alluded
TO the bringing in Of new charges at thisstage
| OF The proceedings as ringing in cold deck
/ on the defense.
CHANDLER DENIES PERSECUTION.
/ Mr.. Chandler, in replying TO CO a. GrOsve-
/ nor. said tha. the apprehension expressed by
the latter. that there is injustice contemplated
| toward the accused, that ''the powers that
be- are not disposed to treat Gen. Swain
/ properly is unfounded. lie said that what =
/ ever is done to Gen. Swain in this case must
be done in the presence of this court, and he
! the COUNSEL had the statement of the counsel
/ for the defense that there never was assem-
| bled a court Of higher integrity than this one.
/ lie said II was not the intention Of any one
| connected with this case to violate justice in
! the trial Of it, and that he believed that II
! was the hope of everybody that Gen. Swain
/ would be acquitted-hOnOrably acquitted.
| lie concluded that this step was, under the
I law and practice Of the War Department and
| OF military courts, perfectly proper before
| the conclusion Of the arraignment of the ac-
/ cused.
The Judge Advocate followed Mr.. Chand-
| Ter. He said that this additional charge had
| been referred to the court by the same au-
/ thOrlty which appointed the court and re-
/ ferred the original charges to it. 1t IS not, he
said, distinct matter before this court, but
| arises out of the second specification to the
/ first charge from the fact that want of tech
! nical knowledge of pleading on the part OF
| the officer who preferred the charges made
| that specification incomplete. He argued
| that he. as Judge Advocate of this court, had
! the right knowing the data upon which the
| charges rested, to bring these charges as they
| should have been brought, and that it was his
official duty 10 bring them.
TIE CHARGES NOT ANSWERED.
He SAID that he could properly bring them
! before the conclusion of the arraignment OF
/ the accused, and he cOntended that the ar
| raignment in this case had not been COM
| plefed. the accused not having answered to
I fra 81 pNppnr hV dpmnPrpT " hipb
/ he said, was not, technically. plea.
| Judge Shellabarger closed the argument for
| the defense on motion 10 exclude the addl-
I { Oual charge. Ii ie said that II would be shock
| lug to the sense Of justice to tolerate fol
/ a moment the idea that man may be put on
/ trial in a military court without knowing
Z long enough in advance to make preparation
I for his defense what thing 1t Is on
which he is to be tried. The status governing
| military courts provide, ne sald- that an OIL
/ Ger placed under arrest shall have due notice
I of the accusations against him, So as to pre-
| pare his defense. lie contended that this waf
/ a new charge different from that contained in
! the ALLEGATIONS OF the second specification L.
I the first charge. The court had ruled when
I il sustained the demurrer 10 that specifca-
Z ton. that the allegation IN that speclncatlon
I were WORTHLESS and u the allegations con-
/ tained in this additional charge were the same
Z IL was an insult TO the court To lr.ng it here.
/ If they were n)t, then they instituted a
! charge Of which tie accused should nave du4
/ notice.
MAKING LIGHT OF THE CHARGE.
] He said that the second specification charged
| nothing except that the man knowing that 4
/ letter had been written accusing him went
| to hls adversary. made concessions and pro
/ cured second letter of retractiOn, an honor
/ abe transaction he thought, which the new
/ charge is an attempt at saying that the man
| knowing this accusation had been made
| against him by falsehOOd and wrong doing,
| obtained the second letter. He argued also that
! the arraignment of the accused had been
/ completed holding that the demurrer to the
/ specification TO the second charge was plea
which completed the arraignment. The wit
| ness had also been examined in the case, and
| on the charges laid before the court against
| the accused He cOntended, also, that the
! language of the statute is that new charge
| cannot be made after arrangement,
| meaning not that arraignment must
/ be completed to bar out additional charges,
but that 1t need only have been begun.
/ On the conclusion OF Mr.. Shellabar-
| gers remarks, the court went into
| tiOn raised by the motion. After a
| reODened and the Judge Advocate announced
/ the decision of the court to be that the addl-
| tiOnal charge and specification having been
| referred to it by the proper authority, the
court directs that they be filed for the future
actioo of the court. An adjournment was
| then taken until Monday.
Suicide of a Resident of Americus.
! BALTIMORE, Nov. 22.-J. l.. Cranberry,
.sMU N1N N