The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-11-18
SWAIN CouHrNIAi,rl.l
objections Made to sumo Members sitting In
|,A r Judgment on Ills Acts -|.II.InE q


WAsnlSoroS, D. G., Nov.l7.-Upon The
opening OF theSwaim court martial to-day
General Grosvcnor, Of tic counsel for the
accused, read the objection OH Tie part Of
General Swain to Paymastcr General
Rochester serving as o member Of the
court. lie stated the grounds OF tho oi,.
lection to bc that General Rochester 10 =
materlal witness in this case with rrspeci
TO the second charge against General
swain, Q! ncglccting TO report and take
notice OF the alleged tuct TINT Colonel
Morrow had fraudulen.ly duplicated his
pay accounts, and also, TINT the accused
having favored the appointmento Colonel
Mcl.hre to the Parmnstcr Genpralsljp at
tic time General Rochester was appointed
70 the office, and this iact being Known 10
ihe hitter 1t cannot be supposed he,
! hochester, can serve ms M impartial Judge.
After IN argument tho room was cleared.
ahd when the doors rropcncd the Judge
Advocate announced that tho objection
n;gainst General Roelestersittius rs Il mem.
Der oil The court had been sustained.
General Swain was then asked whether
l'e desired 10 object to any other member
OF the Court. lie replied t,e desired To do
50, and Judge ShclIabarrer then read the
challenge OF Drigadier.G General Schotrll's
right to sit as II member Of lLc Court on
!lG sround. that he (SchoNcldD was pre.
JUDGED against General Swain, and c6ulc
not Sit III This trial as IN impartial Judge,
lie read General Swaini's reasons for
asserting that General SchoNel1 must be
preludlced against him. These were in
substance, that General Swain huI NJ
various times III the discharge OF his Of:
cill duties commented in severe terms
upon the Official conduct OF General Scho.
field, notably i'll the review Of the pro.
cered!ngs OF the Board Q! Inquiry into the
tilz John Porter oase, md OF the Whit
taker court martial; and also ttat General
swain was Oh close and intimate terms
with President Garfield Mt The time Scho.
iieid,s military. command was bv order Of
the President broken and General Scho.
field Placed Oh waiting orders, and further
ihat General Swain had been called unon
III pursuance of his official duties TO make
review OF the proceedings in llie co,l,,
martial o. Major G., ". Schoheld, a brother
OF l}rigadier. General Scloiiyld. "
GENERA! SchoIield was put upon hisroir
are aNa said tic did not think he enter
tained any prejudice against Gen. Swain.
alter a Long argument the Court room
was cared, and ON being rcopenc. the
Judge Auvoa,a nnn0ul~, Il the cl,all. urp
Against GeneyNl Schoicld had not been
us'nlned. G1nt ri! Swain, through couu.
sci, ihen objected 10 General Terry OH
grounds similar to ,hnsu urged in the chal.
lcnseGsaiEst. General Schoileld.
Gcn. fal Terry was put upon l!is roir dire,
and said he did not think he could he in
l1enctd i'll the t.ial Vi this ease bvany
prejudice against General Swain. After
the argument OF this challenge The Court
had the room cleared forconsultatiou. and |
the doors being rnncncd the Judge .Ad- |
yocate announced tn, challenge had been
sustained, and General Terry was cxcosed
Ifoiii slltilis as Il nlehher OF the court.
Objection was then made by General
swain to General Murray OH The ground
o. prejudice, growing out Of Swailns nppo-
s,t'on to his appointment lis Surgeon
General. 9. !.
General Murray .haying declared upon
his ,o'r DIRE he entertained no prejudice
against General Swain that would inlu-
encc his Judgment in this case, the chal,
leRgc was withdrawn.
The counsel ior General Swain
was then allowed to- ask Colonel
Andrews and Colonel Ayers without
the ior'na'ity Of challenging these
Officers whether they had formed or
expressed any opinions rs 10 Swaim's
guilt or innocence and wleiher they en-.
ternincd any rmju,liccs against Jim that
would influence Their judgment in this
case. Both havinsanswcfcd III tho negative
The court was 'hen organized with eleven
members by the swearing in Of members
and the Judge Advocate. The Judge
Advocatetllcn, stated General Swain re-.
questeu subpoenrs to be Issued for The |
Secretary Of War, General Rochester,
Major Carey, Colonel iIarr and Major
Scott, after whicl, the cou,t took recess
until tomorrow morning.