Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-07-21

The court-martial for the trial OF Paymaster
General Smith, of the navy, resumed its session
at 1880 6. m. to-day. After reading and ap-
proving the minutes of yesterdays session the
court room was cleared for the purpose OF con-
sfderiug and passing upon the demurrer pre-
sented by the counsel of accused.
At 1880 the doors were re-opened and Judge
Advocate Lemley said: az am directed by the
court TO announce its decision that the de-
murrer is overruled.'
The judge advocate then called upon the ac-
cused TO plead TO the merits of the case. Gen
smith stood up, aud, waving the reading in
detail OF the specifications, pleaded not guilty
TO each charge and each specification;
Mr. Chandler. for the defence, stated that they
could not yet submit list OF their witnesses.
ana WAS ruled that no person who shall at
snail De called as a witness.
THE TESTIMONY.
Mr.. George II. French, acting chief Of the
naval division, second controllers office. was
sworn for the government. and he produced
the original contracts between Paymaster Gen
eral Smith and Austin T. Brown The con-
tracts were read by the judge advocate. These
were the contracts upon which the charges
against Gen. Smith Were based
After the reading of the contracts with Brown
for beef and pork. with GEO. H. Plant and = f.
Middleton as sureties for Brown, a contract
made by Seth NJ. Milliken. of New York. To
supply large quantities of flannel and wooden
socks was produced and read This contract
was made with Gen, Smith, and under IL the
supplies were 10 be delivered at the brooklyn
navy yard. Next another contract with Austin
r. Brown, dated June 10th, 1854, for f1annels,
socks and shoes, was produced and read. The
nth, 1882, the next was dated December eth,
1883, The Milliken contract was dated Octo-
Der 31st, 1852.
The witness. Mr.. French, as he produced the
contracts, testified that they We're the originals
On nle In the controllers Office. The witness
next produced copy ola letter written by GEN
A T.. BROWN and dat \nN-apa-
Der 16, 1882.
Mr.. Chandler objected 10 the Introduction of
a copy. lie said the government had the
original and that ought To Toe produced After
some debate the court was cleared To pass upon
the objection made by Mr.. Chandler.
The doors were reopened in about fifteen
minutes, and 1T was then announced that the
objection was overruled. The letter was then
read. 1t was from Smith to Brown acceptiny
an offer of Brown TO furnish additional beef
and pork at the same figures of his precious
contract of November IIth, 1852 This letter
e copy was hied in the controllers office
At 12:45 the court took recess for half an
hour.
After the recess Mr. French submitted sew
eral other copies of letters and documents
bearing on the contracts from the files of the
controllers office.
Chief Clerk benson, of the naval bureau of
PROVISIONS and clothing (of which Gen. Smith
Is chief), was next sworn. In obedience to the
letter from Austin p. Brown. dated November
9TH, 1882, to Paymaster General Smith offer
my 10 furnish all the DScf ana pOrk the DEPART
ment might need before the close of the pend
Ing season at the figures i'm his previous con-
tract, dated October 10Th, 1852; also letter
from the paymaster general 10 Brown accepting
the offer and ordering 800 additional barrels OF
beef and ZOO OF pork at the figures offered
Also, a copy of the advertisement for proposals
for furnishing supplies for the bureau; also, n
letter from Brown to Gen. Smith dated Janu-
AIRY 9th. 1883, stating that il had not been
the custom to hold him TO a strict compliance
with the terms of his contracts to delivery
provided he delivered supplies on demand and
when needed; also, the reply of Gen. Smith
q" b ro he5 advising him that he would
to time OF delivery. If the supplies were
delivered on demand and when needed, but
that this concession should not be held to inVal-
ldate any of the other conditions of the con-
tract; also letter dated January Sd, ssh
from Brown TO Gen. Smith asking for an extern
sion OF the time of one of his contracts until the
deliveries under a former. contract could be
made and the reply of Gen. Smith extending
the contract or its time ninety days but stipu-
latlng that this concession should not be held
To lnValldate any OF the other conditions of the
contract.
The judge advocate ne xt called for letter from
Pay Director LOCKER, of the navy. Mr. Chand-
Ter objected; that the opinion of Mr.. LOCKER
was not evidence and was not relevant.
"a, assistant Attorney General Maury said
LOCKER at Washington a voucher to pay for
supplies out of the fund of 1854; that LOCKER
out of the fund OF 1883, and he returned the
voucher TO Gen. Smith, asking that il be re-
f fal to the Secretary OF the Navy; that
Shape sent the hen voucher n to p sSGlSer
ter Caswell at New York, who paid
it and that Caswell cannot now get credit at
the Treasury for the voucher Gen. Maury
maintained that the letter tended to sustain
the charge that Gen. Smith had acted evasiyely,
etc.
Mr.. Chandler contended that the mere opin-
ion OF Mr.. LOCKER was not evidence, and ought
not to be admitted.
The court was cleared to pass upon the objec-