St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-24
THE SWAIN TRIAL.
Another Charge Brought Against
Gen. Swain, TO Which he Re-
fuses to Plead.

WASHINGTON. Nov. 22.-When the Swain
courtmartial convened this morning Judge
Advocate Gardner submitted to the court an
additional charge against Gen. Swain, en-
bodying allegations contained in the amend
ment 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 as those con-
tanned in the second specification TO the first
charge. Additional averments to show
that Swain had sought Bateman
after the latter had fled charges
against him with the secretary OF
war. He (swaim) wrongfulIy and improper.
" tried to evade and prevent an official
investigation Of those charges by obtaining
from Bateman a second letter 10
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
lSwaimJ to Bateman. He then called upon
Gen. Swain TO plead to tie second charge, a
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 deuied that Gen. Swain
had pleaded, reminding the court he had
withheld the arraignment uDon this speeif-
cation until be could present the additional
charge which he had offered this morning.
Gen. Swain, bis counsel Directing, plead
not guilty 10 the specification OF the second
charge, and not guilty TO the second charge.
He Was then called upon to 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 adj
ditional charge had been referred to this
court By the authority that referred the orig
inal charges TO the court, and presented to
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 Tor 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 A. part OF
the matter now on trial for determination,
which this court has been duly sworn, and
asks that said charge aud specification be ex-
Guided from the determination of the court
reciung as grounds for such objection aud
request that said charge aud specification
are unlawful aud incompetent, and that il 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 10 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 he believed the hope Of everybody was
that Gen. Swain would be honorably acouit-
ted. He said tie step proposed was perfectly
proper.
On conclusion Of the argument the court
went into secret session to consider the
question raised by the notion After q 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 II BY the proper an-
thority, the court directs that they be fled
for future action. The court adjourned until