National Republican. (Washington City (D.C.)) 1872-1888, 1885-02-20


Gov. Boutwell, Calls the Judge Adj
vocHto 90 Account for PRrtisan-
ship.
After colloquy regarding tho pro-
priety Of designating on the record when
q witness is colored, tho Swain court |
martial proceeded yesterday to hear the
testimony OF Gen. Grosvenor. This WAS
to the effect that no was hero March 49,
1883, and Gen. Swain then had possession
of the two horses Batoman had sworn
woro his then. Con. Grosvenor was OK
planning why ho had not acted rs counsel
for the accused on this trial, because Of
his prospective testimony, when the
Judge advocate asked, IL, when Con.
Swain gavo tho witness this information,
he lSwnim) had also informed him that
the members of tho court woro not TO DO
notified Of the prefcrring Of the new
charges.
Gen. Grosvenor, in reply, said 81 heard
from gentleman totally disconnected
with this court that member Of the
court had told him that those charges
were filed. | told Con. Swain, and no
very reluctantly showed me tho lcttor no
had received from tho war department
notifying him that he would DO tried on
tho now charges aud that he must not
make the fact public"
/ This statement caused sensation in
tho court, aud tho judge advocate asked
| the witness if lie had learned tho name
of the member Of tho court who had made
tho statement about tho charges.
Gen. Grosvonor replied that the namo
Of the officer was not mentioned.
Commenting upon this statement, the
judge advocate said that IL was u 70.
markablo statement, and Gou. Grosvonor
having replied that the matter was pub
lishod in tho newspapers, the Judge adj
vocato remarked that II had come directly
from Gen. Swain. lilo was Immediately
interrupted by MIR. Boutwell,, who took
him to task for acting as prosecuting
attorney In this case, and imputing bad
faith 10 tho accused. He said that his
business should DO to 500 that justice
and only justice shonld DO given the ac-
cused. lilo said that 1t is duty of those
who administer the government TO SEQ
that IL Is represented before this tribunal
by man who will not strain tho testi-
mony, or mako any accusation against
the accused that does not rest upon owl
dence.
The judge advocate in reply, said that
ho was In this court TO SEQ that Justice
, | was uOub tuO uCCuhcu uuu III uloVhui ~
Of this duty he would prosecute this case
to tho very utmost.
Following this interruption tho wit.
nosseS Brown and Lombard were recalled
/ by tho defense, which afterward obtained
q subpoena for Col. Henry Z. Corbin, now
, in Chicago, as witness.
= Adjutant General Drum was then called
, by tho defense and asked how many
/ officers of tho rank Of brigadicr genera
, are now in this city on duty, but upon
. objection the question was ruled out.
! Gen. Swain was then called. aud testi
/, fed that he bought two horses from Mr.
d Bateman few days before Nov. /, 1882
Q the condition attached to tho purchase
= being that no (Swain) was TO use TIN
9 horses until no was entirely satisfied tha
q they wero AZ represented. At tho tim
q OF this purchase he had no stable AM
{ Mr.. Bateman said that the horses nigh
remain at his (ljatonan's) stable If h
= CSwaim) would allow him to use then
=. what little no wanted, but the horse
o wern always under tho control of tn
witness. He said that no continued I
i uso the horses until about the LIST G
F. April, when ono became lame. Abou
Il the middle of April he returned this on
n to Batemau, but kept the other until May
IS when IL was returned to Mr.. Bateman O
. the lattor's request.
Is He received bill of sale Of the horse
ar from Bateman ut the time Of tho pun
al chase, and in that bill there was til
at agreement as to the horses giving satii
te faction. Being asked as to Mr.. Bateman
rs rs statement that no (Batoman) paid I'll
~ witness $37 for forage, he said: "If /
* stated that he paid me any sum, at an
ID time, for forage it is absolutely and III
Q. qualifedly false" He added that Bat
"a man had never paid him anything Il
~ forage in lieu Of money.
I'd Gen. Swain also said that he purchase
y; horse from Mr.. Humphrey In the earl
VI part Of March, 1883, and that shortly a
AZ ter tho LIST Of April, 1883, no bought tw
q. horses from Mr.. Burgdorf, which no kel
n until this winter. He produced in cou
10, tho bill of purchase Of the two hors
IN from Mr. Burgdorf, dated April IA, 1888
10 and stated that the horses were delivere
rs to him some days before. He continue
ry to use the horse, Frank, and the mar
Ncttie, after he purchased the horses fro
u, Mr. Burgdorf.
Ir On REORGANIZATION Gen. Swain W
to questioned as to when his friendly rel
he tons with Mr.. Bateman ceased, and sa
4, it was in May.
~, The defense then called Mr.. Burgdol
od who said that the horses were deliverC
ry about April l, although the bill Of sa
! was not made out until tho 18th.