St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-23
THE SWAIN TRIAL.
Another Charge Brought Against
Gen.. Swain, to Which he Re-
fuses to Plead.

WASHINGTON, Nov. 22.-When the Swain
eourtmartial convened this morning Judge
Advocate Gardner submitted to the court an
additional charge against Gen. Swain, en-
Oodying allegations contained in the amend
ment offered by him yesterday to the second
specification TO the original first charge, aud
which was ruled out by the court. These
allegations are substantially as those con-
tanned in the second specification to the first
charge. Additional sverments to show
that Swain had sought Bateman
after the latter had filed charges
against him with the secretary of
war. He (SwAim) wrong gully and improper
ly tried to evade and prevent an official
investigation of those charges by obtaining
from Batemau second letter to
the secretary Of war Withdrawing the charges,
10 show that this second letter was written at
the instigation and request of Gen. Swain,
and upon false representations made BY him
(SwaimJ to Bateman. He then called upon
Gen. Swain TO plead TO the second charge, q
demurrer to which was offered by the de-
Tense, but was overruled yesterday.
Swaim's counsel said he had already
pleaded to this specification and charge.
Major Gardner denied that Gen. Swain
had pleaded, reminding the court he had
withheld the arraignment upon this specih-
cation until he could present the additional
charge which he had offered this morning.
Gen. Swain, his counsel objecting, plead
not guilty to the specification of the second
charge, and not guilty to the second charge.
He Was then called upon 10 plead to the
additional charge. He did not plead, his
counsel interposing the objection that they
were not called upon to plead TO something
that had not come from any authority.
The Judge advocate replied that the ad-
ditional charge had been referred TO this
court by the authority that referred the orig
inal charges 10 the court, and presented 70
the court the endorsement of the charges
signed by the secretary of war, stating that
by direction of the president this additional
charge is referred for trial TO this general
court martial.
Gen. GrOsvenor submitted the motion,
stating the accused objects TO and protests
against the court entertaining the proposed
additional charge and specification as part OF
the matter now on trial for determ nation,
which this court has been duly sworn, and
asks that said charge aud specification be ex-
Guided from the determin alton of the court,
reciting as grounds for such. objection and
request that said charge aud specification
are unlawful and incompetent, and that it is
beyond the power and jurisdiction of the
court TO receive and take action on such
charge and specification as party Of or in
said trial at its present stage. In his .argu-
ment on this motion Gen. Grosvenor said
II began TO look TO an ordinary observer as
If there were an organized and persistent
persecution Of Gen. Swain. Such proceed
ings as this was, he said, in violation OF
law, and forbidden by the practice Of the
war department.
Chandler replied that the apprehension
expressed by Gen. Grosvenor was unfounded
and be believed the hope of everybody was
that Gen. Swain would be honorably acquit-
ted. He said the step proposed was perfectly
proper.
On conclusion Of the argument the court
went into secret session to consider the
question raised by the motion. After long
discussion the doors were reopened and the
Judge advocate announced the decision to be
that the additional charge and specification
having been referred to 1t by the proper au-
thority, the court directs that they be fled
for future action. The court adjourned until
Monday