Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-01-17
THE CASE OF GEN. SWAIN.
Meeting Of the Board to Examine Him
for Retirement.

Meeting Of the Board to Examine Him
| for Retirement.
| THE GENERAL ouEsrroNED-HE THINKS HE Is
| CAPABLE OF DOING DUTY II REsroRED-ExAM1-
NATION AND REPORT OF THE suRGEoSs-rHEY
FIND INDICATIONS OF KIDNEY DISEASE.
The board designated by Secretary Endicott
70 examine Judge-Advocate Gen. David @.
Swain for retirement met at II o'clock this
morning in the old Office of the Secretary, in
the north wing of the War department build
| ing. The members of the board-Gens. Benet
Holabird, and Macfeely, and Drs. Baxter and
Greenleaf-were present in full uniform. Lieut..
Chase, Of the third artillery, in his capacity as
recorder of the board. began proceedings by
reading the Secretary's order converting the
board ''for the purpose of examining for re-
tirement such officers as may appear before it. :"
He then read letter from the adjutant-gene-
raj to Gen. Swain ordering him to appear
| before the board for examination.
GEN. SWAIN EXPLAINS.
| Gen. Swain arose and said that he wished to
explain that he appeared before the board in
| citizens clothes because of his anomalous posi-
| ton, and not out of any disrespect to the
board. This explanation brought forth ap-
proving mods from the members of the board,
i VIM were tueu sWOrn Dy the recorder. he, IN
| turn, was sworn by Gen. Benet, the president.
| Lieut.. Chase asked Gen. Swain, who sat in a
| large armchair at his side at the lower end of
| the table, whether or not he appeared before
| the board OF his own desire. or merely out of
| obedience to the order from the adjutant-
general.
GEN. SWANS LETTER TO THE PRESIDENT.
| Gen. Swain said that he should like to read
in reply to the question, a copy Of a letter
II ha 20 <ba ID
date of January II, 1888, in which he requested
| the President to personally inspect the record
| In his case. He was convinced that in no other
/ way could the President become impressed
with the true merits of the case. II in no wise
ask, he continued, 'for mercy or favor, but
| only for that justice that is the right of every
American citizen. submit that my trial and
conviction were not authorized by law nor JUS
tilted by the facts"
| A postscript to the letter said: "what de-
| sire first Is my vindication second, to go upon
the retired list of the army. In this view I
should be personally gratified If, instead Of
| having to gather up the reins of the judge
acknowledgements Office, now for some years
out OF my hands, I. on being restored to my
proper rank, should 60 before a retiring
board"
To the board he said that after justice had
been done him, whatever followed would be a
secondary matter.
THROWN FROM HIS HORSE AT THE BATTLE OF
4 CHICKAMAUGA.
Gen. Holabird then asked: "Do you con-
slider yourself to be to-day incapacitated for
active service and if so please state the injury?
II can't say that am was the reply "At
the battle of Chickamauga was thrown from
my horse when he was shot under me. / fell
upon stump, striking ON my back and side.
| At the time did not consider the injury very
| serious, yet, for perhaps two or three months
whenever would get on a horse the least jog
| glng would throw me into great pain and it
would be impossible for me to speak above my
| breath. Afterward, however, suffered no in
| convenience from the injury, except when
| greatly depressed or poisoned with malaria,
when l had great pains in my back. At the
time OF my trial, when l was under great men,
tai strain, felt this, which DIR. Norris said was
spinal irritation" Once or twice he scared
my back with hot iron. Since then have
had no trouble, and now feel in good health"
SAYS HE IS NOT UNABLE TO PERFORM HIS DUTIES
IF RESTORED.
do you believe your disabilities at the pres
ent time are such as to make you unable to per-
form your duties were you restored to your
status on the active list9" asked Gen. Mac
feely,
mo, sir!" was the prompt reply.
Dr. Baxter asked him about certain sick
leaves mentioned in Gen. Swaim's military rec
ord which was placed on record. and Gen.
Swain said that his sick leaves during twenty
seven years of service would not exceed ninety
days. and then detailed, as far as he could re-
member, the causes of the various leaves. Gen.
Macfeely asked him if at any time he had been
incapacitated for active duty by reason of the
injury received at Chickamauga The reply
was that he both had been and had not been.
The explanation was that at the time before
the trial, when he was suffering great mental
distress, he was so seriously affected by the old
trouble that he thought that his duties would
have to be neglected in consequence. and at
one time was near to requesting that he be ex-
amined for retirement. Other than on that
occasion he thought that he should reply in
the negative.
The recorder asked Gen. Swain il he de-
sired to be represented before the board by
counsel, as he was entitled to.
II don't think that 1 care for counsel" re-
piled the general, smiling.
ALETTER OF INSTRUCTIONS
from the acknowledgement to Gen. Benet was
read, In which it was stated that the President
is in possession Of information that Gen. Swain
is suffering under disabilities emitting him to
retirement, and that he wishes the board to
carefully consider the case and determine ex-
actly as to his physical condition.
Some discussion arose as to the necessity of
physical examination, Gems. Benet, Holabird
and Macfeely thinking that there was nothing
to do but for the medical members of the board
to examine Gen. Swain. DIR. Baxter thought
however that the expression in Gen. Drums
letter of instruction to the effect that the
President was informed as to Gen. Swaims
disability was sufficient to enable the board to
dispense with the examination.
A PHYSICAL EXAMINATION.
1t was finally decided to take a recess suf-
fciently long to enable Drs Baxter and Green
leaf to make a physical examination of Gen.
Swain with the view of determining as to the
extent of his disabilities, and the doctors took
the general upstairs at II: As.
REPORT OF THE EXAMINING SURGEONS.
The two returned to the board-room in Just
an hour, and resumed their seats. Dr. Baxter
handed paper to Gen. Benet, which he read
in silence, passing it to Gen. Macfeeley, and
then to Gen. Holabird, each Of whom read
without word The recorder then took the
paper and swore the two medical officers that
the paper contained a true statement of their
evidence before the board. Their report was
that, on examining Gen. Swain, it was found,
upon an analysis Of his urine, that there were
conditions that pointed to
A DISEASE OF THE KIDNEYS,
and they requested delay in the proceedings
of twenty-four hours to make a more complete
analysis.
Gen. Macfeely asked the medical officers if