Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-05-08

3
coURr-THE CHALLENGE not sCsTAINED-A
PLEA ADDRESSED To THE JURISDICTION OF
THE COURT.
The court-martial convened to try Medical
Director Philip S. Wales, U. s. n, ,ex-surgeon
general of the navy, on charge Of neglect of
duty and culpable inefficiency, assembled at 10
O'Clock this morning at the Navy department.
Medical Director Taylor, whose absence yester-
day caused an early adjournment, was present
aad took his seat. The record OF the several
days meetings, pending the determination OF
the proceedings before the Supreme Court Were
read, together with the order detailing Commo-
dore Queen as q member of the court in place of
Commodore Young. who is i'll.
MEDICAL DIRECTOR sUDDARDS CHALLENGED.
The first order of the day was the challenging
ofindividual members of the court. DIR. Wales,
who was present with his counsel, Messrs. Jere
Wilson and +. p. II. Sands, challenged Medical
director James Suddards. The grounds of the
challenge, as read by Mr.. Sands, were that Med
fcal Director Suddards entertained feelings of
personal hostility towards the accused Occa-
stoned by the official acts of the accused while
surgeon general In not detailing Suddards as
medical director in charge of the New York
naval hospital.
DIR. Suddards stated that he had no feeling Of
personal hostility towards DIR. Wales. though 1t
was true that he had complained of Dr. Wales
0Inclal conduct as showing partiality. If DR..
Wales thought his interests would be impairod d
Dy MS remaining as q member of the court, me
would be gratified by being excused from
service on the court. He had never he said,
expressed any opinion as to DIR. Wales guilt or
innocence, and thought he could try the case
without prejudice.
The court was then cleared for deliberation,
and when it was reopened the decision of the
court was announced to the effect that the OBJ
Jeclion to DR.. Suddards was not sustained
Inc defense having ANNOUNCED that they had
Rear Admiral Simpson, administered the oath
TO the judge advocate, Lieut.. Lemly. Lieut..
Lemley, in turn, swore the members of the
then formally organized for business. The ac-
cused waived the reading OF the charges and
specifications. document of about sixty pages.
settlng out large number OF the transactions
In the bureau Ofmedicine and surgery, wherein,
1t is charged, the government was iefrauded on
Wales.
THE CHARGES AND THE PLEA.
The court held, however, that it was necessary
TO read the charges, but not the specifications.
which are sixty-four in number. The first
charge was "culpable inef1;ciency i'm the per-
three specifications The second charge was
neglect of duty, under which one specitic:-
tion appeared. The accused, when called upon
10 plead. presented, through Mr.. Sands plea
IN bar addressed to the jurisdiction OF the court
This plea set forth substantially the same view
OF the case as was presented i'm the habeas cor
pus proceedings; that the Ottenses alleged were
not punishable by such court, but were COM
mitted by the accused in his capacity as a civil
OilCS'T-tue cnief OI u bureau OF one of the exec
utive departments. In support of this plea cop
les OF the briefs submitted by the defense to the
Supreme Court in the habeas corpus proceed
ings were distributed among the members of
the court. Mr. Sands then proceeded to argue
the plea.
After the noon recess, when Mr.. Sands had
concluded his argument. Mr. Blair. the associate
OF the judge advocate, raised the point that Dr.
Wales had never taken the oath of Office as sur
geon general, and proposed to offer testimony
to show that he had not.
Ar. Wilson combatted this "a q most eXtraor-
dinary proposition, contendins that such a
claim destroyed all the record produced here by
the government in support of charges against