Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1884-12-25
Helena Montana, Thursday December IS, 1884
The Swain Court Martial.

nc &OuIS
WASHINGTON, December 17-In the
Swain court martial to-day witness Seth
A. Terry, who was examined yesterday,
was recalled by the Judge Advocate for
further cross examination. The principal
part of the examination, and one which
proved highly Sensational, was directed to
impeaching the credibility of witness.
Under close questioning by the Judge Ad-
vocate the witness stated that he was
formerly secretary of the Territorial Land
and Building Association, of this city, and
severed his connection with that assOcia-
tion upon confession by him of shortage
in his accounts; that he was indicted for
embeZZlement but never tried, the District
Attorney informing him that there was no
case against him because the association
was not incorporated under the laws of
the District of Columbia and that the
amount of the embezzlement was S24 900.
In answer to inquiries by Gen. Grosver-
nor, counsel for the defense, witness said
he had not embezzled any money, and
that the charge was brought against him
to blackmail him. He said one of the
ney that they proposed to have blood or
money. He added that he had no doubt
that II. B. James, head of the customs
division of the Treasury Department, is
instrumental in pursuing him with this
charge and bringing it into this court. The
witness said his application for appoint
ment in the office of the Judge Advocate
General was accompanied by letters from
fifty to seyenty-five prominent persons,
among whom were General Howard, Min
lister LangstOn, and Mr.. LeDuc, then Com
missioner of Agriculture. He said that all
these people knew the circumstances at
tending his indictment for embezzlement,
for he had told about it,
WASHINGTON, December 1S.-In the
Swain court martial the defense put Robt.
l.. Deakers on the stand. He testified that
he is clelk of the subcommittee of the
House committee on military affairs, and
was employed as telegraph operator and
stenOgrapher by Bateman " Co. from
September 1882 to May, 1888. While en-
ployed by Bateman & Co. part of his duty
was to receive receive reports OF sales and
purchases Of stocks in New York by tele-
graph. He was asked by Gen. GrOsevenOr ::
Have you any personal knowledge that
Bateman, during your employment there,
ordered and directed that false statement
of reports from New York should be placed
on the bulletin bOard?"
The Judge Advocate objected, and Gros
evenOr asked the witness what instructions,
if any, Bateman gave him about state
ments posted on the bulletin boards.
To this statement also the Judge Advo-
cate objected.
The court asked the counsel for the de-
fense to state the purpose OF the examlna-
ton.
Judge Shellabarger said the defense
wanted TO show that false accounts of the
the state OF the market were ordered to
be put up by Bateman, and thus show that
Bateman and his concern were wholly un-
worthy Of respect.
The court decided that the counsel must
establish the fact that the information
came to Gen. Swain before showing that
such things had occurred.
Witness was then allowed to retire, the
coup sci for the defense stating that they
would recall him after the examination of
Gen. Swain.
Gen. Swain was then called by the
counsel for the defense as to the copper
mining stock transaction. He testified
that Bateman had obtained from him a
check for 81 600 with which to purchase
stock in a copper mining company on the
representation that many prominent men.
among them Senators Sherman, Window
and Ferry, we're concerned in it, and that
the stock was worth in the market 81 per
share, while he (Swaim) was to be let in
on the ground floor to purchase at 40 cents
per share. He also testified that upon
subsequent inquiry he found that the
mine which was to be operated by the
company had no foundation and told
Bateman, and the latter finally told him
that the company had fallen through. He
said he never saw any shares OF the stock
until they were presented before the court
of inquiry in this case He told the story
of the due bill and of the stock transac-
tions with Bateman. as related before the
court OF inquiry, and then testified that
he heard Bateman was crooked IN his
transactions. Gen. Swain also testified
that he had heard that Deakers, Bateman's
telegraph OPERATOR had written Bateman a
letter Withdrawing from his employ, and
stated that he did so because he Bateman)
had made false reports of the New York
stock market. and he (Deakers) declined
to lend himself to any fraud of that kind
Witness also testified that Il Mr.. Stone told
him that Batemans New York representa-
tives closed their business with him be-
cause he refused them access to his books
when they complained of certain transac
tiOns.