The Evening critic., 1885-02-19
THE SWAIN TRIAL.
General GrOsvenOr restiies About
the Defendants Horses.


When General Charles S. Grosvenor OF
Ohio took the stand to testify for the de-
Tense in the Swain Court-Martial to-day
he created ripple of laughter when 10 an
swer to the usual interrogatories as to his
place Of residence, &C., he said ~ live in
Ohio, am American born, and white" Tho
General then proceeded to state that he was
handler of horses. In November, 1882,
General Swain wrote and asked. him to
buy him pair of carriage horses. Witness
contracted with young man named Buck,
from Richmond, Va, for a pair of horses.
Tho horses were bought and sent ON here
but General Swain did not take them.
Witness came to Washington in the lat
ter part of March 1888, aud one day met
Swain and Bateman in front of tho Ebbitt
A pair of horses attached to carriage stood
in front Of the hotel, aud he was told that
Swain had purchased the horses from Bate.
man. He recollected Swain saying to him
that the purchase was a conditional one,
and he had fright to repudiate those
horses" Witness looked the horses over
and he expressed himself as to their quail
ity. He didn't think much of them aud
said so. The witness said the reason no
did not appear as counsel for General
Swain in this case was because he knew he
was TO be witness. He said he learned
pending the last trial of General Swain
that these additional charges would be pre-
fened. lie was told this by disinterested
party, who said he had learned 1t from u
member of the court
who Is tho member of the court who
gave this information ?" asked the Judge
Advocate.
Don't know" said General Grosveuor.
General Grosvenor also said he asked
General Swain about the new charges, and
he very reluctantly showed him the papers
notifying him of the new charges aud in
structing him not to make the matter pub
lie. Witness said he expressed himself in
very forcible language, saying that it was
unfair to make sworn charges against a man
and then try to compel him to keep his
mouth shut.
The Judge-Advocate made remark
about General Swain acting in bad faith,
when Governor Boutwell, arose and deliv-
cred a singing rebuke to that gentleman,
whom he charged with acting moro in the
capacity of hired attorney than judge
advocate of a court. The speaker said he
always thought the judge advocate of a
court.martial was to see that Justice was
done to the accused and the Government
interests as well, looked after. 1t was I'M
fair for him to make any insinuations
against the accused.
The Judge Advocate in reply said
he was not accustomed to being
lectured, He was there, he said, to do his
duty. lie did not propose to sit in the case
as sort of balance wheel. 1t the accused
had come into court in the first place I'M
represented by counsel his (the Judge-Ad
vocate's) attitude toward him would have
been quite different. The colored man
Braun, aud Messenger Lombardy were both
recalled, but gave no important testimony
General Swain took the stand in hi,
own defense, and told about how he had
| purchased on trial the pair Of horses from
| Mr.. BatGman. This was in November,
1889. At the time witness had an account
with Bateman's clearinghouse. Witnes:
| kept the horses until May 1885, when hC
returned them, they not suiting him
General Swain was on the stand when
| this report closed.