Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-03-25

duties and an inviolable secrecy as to the nature
of their findings. Gen. Crooke performed a
like service for Major Davis, and the court then
adjourned to pay their respects to the Secretary
of War. They were gone less than ten minutes
when they returned with a relieved look on
their faces and found their seats at the table
again.
MAJOR LYDECKER's COUNSEL.
May it please the court, Major Lydecker
has counsel to represent him." said the judge
advocate, who introduced Gov. Boutwell, and
Mr.. Swift, and then swore the stenographers
After announcing that the accused had no OBJ
lection to the composition of the court Major
Davis read the charge and specifications in all
their tortuous length.
MAJOR LYDEcKER STOOD Up
as he began and swallowed lump that seemed
to stick in his throat. During the reading he
stood with his head bent and his hands behind
his back. As the judge-advocate read the
charge the members of the court followed the
reading from the copies that had been placed
before them. When the second specification
was begun Major Lydecker also took up copy
and followed the words.
THE MAJOR PLEADS mot GUILTY"
The reading of the charge occupied about
fifteen minutes and then Major Davis, turning
to Major Lydecker, asked him whether or not
he was guilty of the specifications To each
question the accused answered Not guilty"
and to the question relating to the charge
itself, mot guilty"
POINT OF LAW AS TO JURISDICTION.
Gov. Boutwell, then arose and made state
ment to the court. He said ut is the desire
of the counsel of Maj. Lydecker to state a
point of law which touches the jurisdiction of
the court, but not for the purpose of argument
at the present time. In fact, We may not
present 1t at all, but it is stated now in order
that the court and the judge-advocate may not
be surprised when we do present it.
The charge is neglect of duty under the 62d
article OF war. One point is that the neglect
stated in the cd article is so limited in its
character that it does not count for the neglect
specified in the charge, and that this affects the
jurisdiction of the court. OF course Major
Lydecker admits that he was the engineer in
charge of the Washington aqueduct extension,
and, denying all responsibility for the char
acter of the work. admits also that the work
was defective in several particulars. We do not
ask for evidence to prove that the work is de-
fective substantially as charged.
MAJOR DAVIS REPLIES.
Major Davis stated that court-martial is
judge of its own jurisdiction, and that he would
make no reply to the point raised except, pos
sibly. when he closed the case. He then read a
number of papers, among which were orders
placing Major Lydecker in charge of the pro-
Ject, and the contracts and specifications be-
tween him and Beckwith & Quackenbush for
the construction of the tunnel.
sectional plan of the tunnel, showing the
various headings and shafts, was placed on the
mantel-piece behind the major, and as he read
the members scanned it to locate the points
mentioned in the contracts. When the judge
advocate began on the fifth or sixth document
the officers moved uneasily in their seats and
sighed. Col Townsend looked at his watch
and shifted his position. The voice of the
major improved as he read, and he seemed Just
as fresh after half an hour as at the start. His
enunciation was clear, and he seemed to revel
in the repetitions in which the documents
abounded
The reading was concluded at 1235, and the
judge-advocate announced that the first wit
ness, Lieut.. Townsend, had been called to ap-
pear at O'Clock. Col. Dodge thereupon moved
that the court take a recess until that time.
This was agreed to.
THE sIxTY-sECoND ARTICLE OF WAR,
under which the charge is brought, is as fol-
lows: ''Ail crimes not capital and all disorders
and neglects which Officers and soldiers may be
guilty Of to the prejudice of good order and
military discipline, though not mentioned in
the foregoing articles of war, are to be taken
cognizance of by general or a regimental
garrison or field-offcers court-martial, accord
ing to the nature and degree of the offense,
and punished at the discretion of such court"
covering all cases not otherwise specified.
THE WORK OF THE COURT OF INQUIRY,
which spent several weeks investigating this
subject, and Gov. Boutwell's statement that the
defense would not require evidence bearing on
the character of the work, will undoubtedly
simplify matters considerably Maj Davis. as
judge-advocate Of the court. and in that ca
pacity as attorney for the United States, has a
negative case to prove. He must show that
Maj. Lydecker failed to do certain things, and
in this way his work will be somewhat different
from the usual duties of a judge-advocate
This is his first case of this magnitude, he hav-
ing been but recently appointed to the position
Of major in the judge-advocate-gen de-
partment He was but recently engaged in
the revision of the army regulations.
Lieut.. Townsend the First Witness.
At few minutes after l Major Davis intro
duced Lieut.. Townsend, the first witness for
the prosecution. He stated that he is at pres
ent assistant to Col. Wilson, engineer in charge
of the aqueduct extension, but that he had pre-
viousiy been ordered to report to Major
Lydecker to supervise the operations of in
creasing the water supply, his duties consisting
of inspecting the work. Lieut.. Townsend them
at Major Davis request, pointed out on the
map the features of tie tunnel extension.
The work of excavating the tunnel. he said
was completed about July ], 1887. Since March
IA, 1887 the principal work has been lining and
excavating for lining. Since then there have
been two intervals when work was stopped 1t
continued until November, 1887 when it
ceased until the spring of 1888, and continued
until November l, 1888. The governments
force in the tunnel consisted of a chief inspec-
tor, an assistant and series of sub-inspectors
One sub-inspector had charge of the
building OF the side walls and an
other of the brick arch, two men
working together. The duties of the witness
was to generally supervise the work in the
tunnel" He gave orders to the chief inspector.
His daily duties consisted of inspecting head
ing and examine how the work of lining and
excavation was being done. going from one
heading to another. He averaged being in the
made by the chief inspector and his assistant,
and weekly and monthly reports.
Examples Of these reports were read.
WHENEVER ANY QUESTION AROSE,
continued the witness, it would frequently be
decided by a verbal report from him to Major
Lydecker. A number of written reports have
been made from inspectors of dissatisfaction as
to the manner in which the work was being
done. There may have been from six to
dozen. There were also some verbal complaints,
but these were not frequent The great objects
Of witness work was to see that the inspectors
were at their posts. The inspectors were ap-
pointed by Major Lydecker upon his-Town-
INSTRUMENTATION The only require
ments for fitness we're letters from known per-
sons of standing. There were no tests of ef-