The Portland daily press., 1889-07-20
VERY LITTLE LEFT IN THE CHARGES
When Col. Bradbury Had Finished
His Review of Them.
Conclusion of the Hearing In the
Case of Col. Lynch.
A WofuI Lack of Military Promptness
and Justice.
Especial TO the Press.l

Especial TO the Press.l
AUGUSTA, July 19.-The hearing before
the military board of inquiry into the charg-
es against Col. Lynch of the First Regiment
was resumed this afternoon At the COM
nencement of the proceedings Gen. Mitchell
filed extracts from general orders, nos 5,
and of the series of 1886; also an extract
from brigade general orders nos. and Z,
general orders no. of 1889 and also extracts
regarding the pay of the clerks. Gen. Mitch.
ell also presented ststement of Gen. Cham.
berlain in which that gentleman had repri
mandei several officers for not showing
proper respect to those above them; also
consolidated returns of Company E., for
December, 1888 and April, 1889, as bearing
upon the statements that Company E, had
left the State. Gen. Mitchell also filed all
acquisitions received at headquarters from
the colonel commanding the First Regi
ment.
After the papers of Gen. Mitchell had been
submitted to the board, Col. Lynch was called
to the stand on cross-examination by Gen.
Mitchell The questions in the main were
in duplication Of points brought up in the
first hearing. AS to the times when the
guards were inspected, Col. Lynch said he
made 1t point to personally visit his lines
and see that the guards were efficient. He
had not Intentionally. as previously stated,
neglected any known duty or failed to report
to his superior officers in proper form. When
serving under Gen. j. Marshall Brown he
had made his communications in the same
manner as he had done to Gen. Mitchell, and
they had always been received and acknowl-
edged.
Gen. Mitchell said he desired to ascertain
Col. Lynch's manner of transacting the
business of his command and asked, "Whom
DO you understand lays down the rules for
the camp?"
To this Col. Lynch replied. "The brigade
commander"
General Mitchell then took the stand. He
put into the case sections 635 to GAL of the
Revised Statutes, with parts of the military
law OF the State relating to the case, also
sections from military Law" by Rain
A. Ives, edition of 1879 He explained the
case.
AT the opening of the evening session, Col.
A. w. Bradbury appeared before the court
and presented his argument in behalf of Col.
Lynch, in the course of which he carefully
reviewed the points in the case and exam
ined with minuteness all the testimony pre-
sented. He said hehad con sidered the case
OF no particular consequence and the charg-
es very trivial except possibly the sixth. But
In his plea he examined them carefully and
in order.
The first charge was one in which both
regiments were at fault equally,lif either.
The second charge, that of absence from
duty, he thought could not possibly be main
tanned. 1t is true that Col. Lynch was ab-
sent for short time on the evening of the
reception to Mr.. Blaine on his arrival from
England, as were others. Possibly he went
without leave, and as everybody else did.
In regard to the third charge, that relating
to alleged neglect of target practice, which
Col. Bradbury reviewed in full, he believed
that Col. Lynch was too good an officer, aud
his military record too elevated one for it to
be entertained moment.
The fourth charge was that on the occasion
OF the dress parade Col. Lynch failed to place
his command where he was ordered to by the
Assistant Adjutant General, and made un-
gentlemanly and unmilitary remarks to that
officer and turned his back upon him. At
this point Col. Bradbury reviewed the answer
made by Col Lynch to the charge and sub
mitted that this explanation was a fair
manly and convincing one. Col. Lynch had
no reason whatever to disobey orders and
had no intention whatsoever of showing any
uncivility to Major Lunt his superior off
Col. Lynch's explanation was reasonable
and satisfactory and one which would be ac-
cepted
The fifth charge Col. Bradbury said was
one which had made everybody smile, as it
was known that Col. Lynch was total alb
stalner and had never taken stimulants in all
his life, except by order of his physician. 1t
was serious charge, one utterly uufoupded
and one which should not have been made
except upon acareful examination, which it
would seem that the year that has elapsed
since the event took place, would have given
ample time for While In the end he felt
sure the charge would not harm him, it was
harsh charge to make for it could not be
supported
In reviewing the sixth charge, which Col.
bradbury said he regarded as the only
one OF any special consequence, that
which related to the delay in the
making out, of reports, he admitted there
was some delay on Col Lynch's part, but
as would appear. To the seventh and eighth
charges, no answer was to be made other
than which had been made by COL Lynch,
IN the general answer, which he has filed to
the charges. THE case all through" said
Col. Bradbury. SIS one in which Col. Lynch
answer to every charge, as he has done, and
In submitting It, we expect you, gentlemen
OF this court, to take the same view of it as
we d. 1t is cruel and unusual and contrary
to military law that these charges should
who make them. II Col. Lynch had been
guilty, of all that is charged against him,
why the general order of the brigadier gen.
eral commanding complimenting him and his
command for the part they took in the mus
ter. r.or the letter of invitation to the reception?
The delay in bringing the charges is due to
Gen. Mitchell, for he had it in his power to
press his charges at the time as he
should have done; The charges are
scandalous and have been kept in
downright disregard of military law until
the time when they can do Col. Lynch a
great injury. We are on the eve of another
muster and of an election of the Colonel of
the First Regiment, as COL Lynch's term ex-
plres the 4th of next month. Yet these
scahdalous charges came now to do their
worst. We know the case is safe in the
hands of a court of so much intelligence as
that TO which they have .been brought"
After Col. Bradbury had closed his argu-
ment, Gen. Mitchell opened as Judge advo-
cate general In behalf of the State, remark
ing that he did not expect to be obliged to do
this duty as he had supposed his duty ended
when he had made his report to the Com
mander-in-C Chief, but as the Judge advocate
was member of the board, he
had consented to make the argument. He
occupied an hour and half, and it was
nearly u 0'clack when he closed A large
part OF this time was taken up in reading
general and special orders, and laws and
rules of the military code. His opening was
g plea for discipline in the service that the
Commander-in-Chief might have an efficient
militia upon which to depend in case of
emergency and that young men might be
EDUCATED to the high standard Of the soldier.