Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-11-20

1he Judge Advocate Calls Counsel 10
iask Tor Alleged Improper and Tin.
PROFESSIONAL Language - Mr.. Gros.
venor's Remarks About Gen. Pope
ana Mr. Baseman--Mr. Jeff Chandler
introduced into the Case-Arguments
on the Defendants Demurrer.
Wnen the Swain court-martial met this morning
at the Ebbitt house notice was served by counsel
ior defense upon the judge advocate to produce
certain documents relating to the stock and bust
ness transactions between Gen Swain and Bate
man Co. The Judge advocate submitted an
ani0ayit that no such documents were In his Gus
tooy or IN the custody OF the United States. he
said that ne would endeavor TO procure and to
bring into court every document in the possession
OF Bateman Co., directly or indirectly bearing
upon the questions at issue
CASE.
The judge advocate addressed the court at some
length. He referred to the practice OF courts and
said that constituted authorities had been improp-
dsy By sa p sRs
which IS not customary IN the courts OF Inc united
at SESSIONS IN the Se ase YO
iemos police court, and consequently that degree
OF propIiet in the use Of language that IS custom
airy and enforced In the tribunals OF the United
States, is appropriate here. Now II it had been
simply In reference to myself that these remarks
NOT ea sso11 mot Noticed them did
the highly unprofessionai insinuation was
made. after my argument on the demurrer,
one Tor me. characterize that as highly unpro-
1esSl0nal and, furthermore, Will state that It was
not i,. laSI l would pass that by, but the court
have been remarks made with reference, for exam
pie to prominent general OFFICER OF the army who
was held up to the ridcue of this court because he
DrpS16Qnf a
this when we We're simply arguing plain question
OF law. Insinuatfons have been made also with
ties. They are not here TO defend themselves,
That general officer cannot be brought before this
tribunal to defend himself These remarks go upon
the record This is a living record. II goes into
the department. The press OF the country are all
represented here, and statements made here go the
length and breadth OF the land. We cannot shut
our eyes to the fact that great and irreparabe in
Jur, might be done to persons not concerned in this
case by permitting such remarks" The Judge ad-
Vocate. continuing, referred TO remarks made yes
terday by counsel as TO gentleman who would be
called as witness for the prosecution. such as
ferripT to him as a scolndrel. His business. in
sociates. was held up to scorn with threat OF
future developments that would make it disgrace
THE JUDGE ADVOCATES WARNING
Snow, II 1t please the court, continued the Judge
advocate, "that kind OF language, when we are
arguing questions OF law ought not TO be tolerated
and would respectfully insist that there must be
an end put TO it. And will say now, that II this
line OF language is used hereafter ia this matter,
and the learned counsel do not regard the propre-
ties Of the case and that they are before tribunal
OF judges, shall rule OF the court that the
learned counsel who ofenGs in these particulars
shall be disbarred from appearing In the case"
Mr. GRoSyENoR REPLIED TO THE JrDGE ADVOCATE
at some length. Whenever. he said, the honored
soldier and citizen who pfesides over The court in
formed him that he preferred that he should take
his trunk and go home, he would do SO willingly.
81 law he 40
gree OF force, physical force 1t is misfortune for
some OF us that we are not like all OF US, others
OF us. | do not set myself up as model" He
denied that he had used any words YESTERDAY
which would have been supplementary ON the
noor OF Congress in the Senate or House OF Par
lament. He had not stated that Mr.. Bateman
was either one OF the characters referred to,
but that the specification was broken down be-
cause the man who wrote the letter referred to in
the charge. was at one time this, and at
another time that. He was not an insurance agent.
to insure that everybody should understand his
that counsel should refer TO the matter relating to
a distinguished major general In the army, when
he himself brought that matter into court and
trritated the defense TILL he droye them to make a
statement He referred to the judge advo-
Gates statement that Major General Pope was
the friend OF General Swain. This, he
said, was the first unprOfesSionai statement made
in the trial and he (Mr. GrOsvenor had retaliated
upon the judge advocate, not upon Pope ''Ir the
court desires me to leave" continued Mr.. GrOSre-
nor, 81 VIII 60 1t is not important But II stay
will do tile best can; want this understood.
Shall not forbear TO discharge my duty IN the way
Only by this court. am not to be taught new les
sons in law practice. l know nothing about the
toinbs in New York The gentleman's office is
very much nearer the police court in New York
than mine"
"1he court" he added sought not TO compel
h o ~ te cae aS 70 SUIT M
your honors in relation to the bearing OF counsel
on the other side. They would not be derogatory
to him. They would be calculated to lift him Up
10 him a little / confess th.lf n
use respectful language concerning persons not in
Vowed Ia tniS case | assert that, towards those
who are involved and are seeking TO destroy my
client, the court ought not TO measure my Ian
guage."
CEN. SCHOFIELD, THE PRESIDENT OF THE COURT,
said that after the allusion made to Gen. Pope
counsel was cautioned by the president Of the
court that it would be better not make illusions
to presidents of other military courts. He hoped
it would not be necessary to say anything further
on the subject.
Mr.. JEFF. CHANDLER AS ASSOCIATE COUNSEL
Major Gardner then desired to Introduce Mr. JEFF
Chandler as.his associate counsel.
MI. Grosvenor objected on legal grounds urging
that such a course was not permitted. He asked
the judge advocate II an application to employ Mr.
Chandler had not been refused.
The judge advocate said that that was not a
proper question to ask him.
Mr.. Grosvenor asserted, as fact within his
knowledge, that such an application had been
said that it had been made known here that Mr.
Chandler was counsel for Bateman.
The court was cleared for elaboration, and when
the doors were opened Mr. Chandler was permitted
to come Into the case. He thereupOn made an ar
gument In support OF the second specification of the
charges against the demurrer made by the de-
tense.
He was followed by Mr. Shellabarger.
THE DEMURRER TO THE SECOND SPECIFICATION sCs-
TANNED.
At the close OF Mr. Shellabargers argument, the
court was cleared. When the court re-opened the
judge advocate announced that the demurrer to
the second specification Was sustained
ANOTHER DEMURRER.
General Swain was then called upon to enter
his plea to the Sd specification. To this specln-
cation he filed demurrer.
MIR. Grosvenor made short argument In support
OF the demurrer. Judge Advocate Gardner then
opposed the demurrer. The court was then
cleared.
When the court was again opened the judge ad-
vocate announced that the demurrer was over
ruled.
A demurrer was filed as to the second charge
and tue court then adjourned.
Repu blican Headquarters Closed.
THE BUILDING TO BE USED TO ACCOMMODATE VISITORS
TO THE INAUGURATION CEREMONIES
The republican headquarters, corner OF Vermont