Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-04-12

! TESTIMONY AS TO THE NOsE-PULLISG AT THE
RIGGS HOUsE-A BYsTANDER WHO SAW AND
| ONE WHO DIDN'T SEE THE TwEAKING.
| The Armes court-martal begun Its second
/ session at II o'clock this morning. The MEM
! bers had to change their seats around the long
/ table owing 10 the unexpected order of Major
/ Schwan. assistant Acknowledgement. to take the
! place of Capt. Knox, who was relieved yester-
/ day TO permit him TO act az counsel for Capt
Armes. The judge-advocate began proceed
I ings by reading the order relieving Capt Knox
| from duty as a member of the court and that
ordering Maj. Schwan to that duty. He asked
/ Capt. Armes if he objected to being tried by
Maj Schwan, and the captain said that he did
not, whereupon Maj. Davis swore
THE NEW MEMBER OF THE COURT
to an impartial and just hearing of the case.
He then went on to read the very brief record
of yesterdays proceedings
Capt. Armes made a correction in the record
| in relation to what he said about Col Barr
yesterday.
Capt. knox stated that when he accepted the
position of counsel for Capt. Armes yesterday
he did so because he had no civil counsel, but
since then he had secured such counsel in the
person of Judge Hubbell. and he Capt Knox
desired TO withdraw from the case in his favor
facing Capt. Armes. who stood up. read to him
the charge and the specifications.
DEMURRERs BY CAPT. ARMIES COUNSEL.
Judge Hubbell, before Capt. Armes answered
to the charges made a statement before the
court, pleading against its jurisdiction in the
case. He demurred to the charge and to each
specification. The sixty-frst article of war he
said did not apply to the charge. As to the
first specification, he said that a cOurt-martial
III time of peace has no jurisdiction over an
an officer charged of a crime tried in civil
court: in regard to the second specification he
alleged that officer who makes charges
against another officer and remains untried can
not be tried on charges brought against him by
the other officer. He demurred to the third
specification, because it related to a newspaper
publication, over which military court has no
authority. If the publication be libellous
course may be had to civil or criminal proceed
ings against the author, but it is
OUTSIDE OF THE JURISDICTION OF MILITARY
TRIBUNAL.
The assault on Gov Beaver. he said, was
merely personal matter between two citizens
of the United States, with no foundation for a
military trial. Gov. Reaver. as he is called said
Judge Hubbell, may be governor of Peunsyl-
vania while he is in that state, but while he is
in this city he is merely "a citizen. like any
other man. and the alteration between him
and Capt. Armes was matter for the civil
courts to settle. Judge Hubbell thought that all
of the specifications, and, therefore, the charge
itself. should be dismissed His argument was
based on the theory that this is free country.
where the civil law is supreme. and that it
a grave mistake to try man before a court
martial for a civil crime. He added that the
defense would not admit the facts alleged. but
that even if they We're true they would not
carry proper jurisdiction on the part of the
court.
MAJOR DAVIS on THE QUESTION OF JURISDICTION
When the judge had concluded Major Davis
said that he would have been glad to Sec in
the interests of the accused. this plea deferred
until the final arguments when the court could
give a better Judgment on the merits both of
the facts and the arguments. As TO the iuris-
dictiOn of the court over the person of the
cusCd there could be no doubt inasmuch as he
is an officer of the army on the retired list,
made subject TO trial by court-martial. He adj
mitted that the charge would come under
penal statute. which, he also admitted. should
be construed strictly. He cited from Supreme
Court report in the case of Pay-lnspectOr
Smith. of the navy. to prove the fallibility of
the defendants plea that the facts charged did
not constitute just ground for the trial by
court-martlal.
JUDGE HCBBELL REPLIED
to Major Davis, claiming that the case cited was
not analogous. In that case the officer was
charged with felony and for that tried.
At the conclusion of his remarks the court
withdrew to the next room for consultation.
They were gone about two minutes, and when
they returned, the judge-advocate took the
pleadlngs of the accused.
CAPT. ARIES PLEADS NOT GUILTY.
This meant that the court had refused to en-
terrain the demurrer. The captain pleaded not
guilty to the charge and 70 each specification.
TESTIMONY AS TO THE RIGGS HOUSE AFFAIR.
1,. he, I+I,,o
F. L. Haight who said that he lives in New
York, and on the 9th day of March he was in
the lobby of the Riggs house. He saw two gem
tlcmen pass him-Capt. Armes and Gov.
Beaver. He saw Armes raise his arm and place
his hand near Gov. Beavers face. The gov
ernor raised his crutch and struck at Armes.
the crutch missing him and hitting one of the
pillars. Witness could not say whether or not
ArmeS touched the governor.
Judge Hubbell learned on crOss-examnation
that all the witness saw was Armes raising his
arm, and the governor striking his futile blow
with his crutch.
SAW THE GOVERNORS NOSE wRENCHED.
The next witness was Roger A. Sprague who
was also at the Riggs House on the 9th of last
March. He saw Gov. Beaver there. and about
4 o'clock in the afternoon he was coming
around the counter on crutches. As he passed
around the corner "A man rushedup behind him
and reached around over his shoulder, taking
his nose between his fingers, and giving it a
violent wrench. Witness about II or II feet
! from the governor. He could not say that he
recognized the accused.
Witness. on crOss-examination by Judge Hub
bell said he supposed that it was one OF the
governors old friends who was being familiar
with him, and he did not realize until after it
was over that assault had been committed.
The governor wheeled around on his crutches
and as the form of a man disappeared the gov
ernOr struck twice at him with his crutch Wit
ness then knew that the assault had been an
| intended insult. The governor did not follow
the man. but after the second blow wheeled and
went on down the corridor
Maj Or Schwan asked if Gov. Beaver gave any
prOvocation at or before the time of the as
sault. The reply was in the negative.
Mr.. HALLET KILBoURS A WITNESS.
Mr.. Hallet Kilbourn was called, describing
himself the publisher of the Washington
Critic. He identified a copy of that paper of
March 16, containing letter over the signature
of Capt Armes. This letter was the one men
toned in the specifications
At 1890 the court took a recess until l
O'Clock.
THE FIREMEN'S RELIEF FUND.