New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-14
TO PROVE CONSPIRACY.
THE OBJECT OF McCALLA'S COUNSEL.

MR. CHoATE TRIES TO LEARN THE CONTENTS
OF A WITNESSES PRIVATE LETTERs-IN-
pIGNATIoS OF MR. BENNETT.
Commander McCalla was attended yesterday nv
his full counsel at the Court of Inquiry whicn
&c investigating the affairs of the Enterprise
Joseph H. Choate took an active part In the cross
examination of witnesses and had livery VA.
with Assistant Engnecr Bennett I-ieuleh'n'
Werlich of the Enterprise was the hrst "i'hcs''
He testified to the confning OF men Ill s'i"'V
Jackets. to the marching of men chancu 'oseenei
in pairs up and down the quartcrdech' ."' "
the inniction Of other punishments. All az
prentice boy named Graham was cohlhcu III uo'@
irons for several days The witness WIS 'n'n
told n release the boy, as he had been confined
by mistake John Swaglick. SAILOR was coh-
fined in a strait-iackct for n week Tor drunken
r..s On ono occasion a sailor named sutherland
tried 70 iump overheard To avoid punishment put
xas hold back by members of the crew. Mr..
Werlich did not consider the enforcement of dis
cipline on board the Enterprise TO he In accord
ance with usual naval customs. lie considered
the punishment Of the men who cot drunk "hiie
IN duty at target practice at Cronstadt as en-
tremelv slight when their offence was taken into
consideration lie did not consider the Enter
prisc clean ship Too much and too indlscrlmi-
nate liberty was given, he thought. Al ono
time. at Plymouth, liberty was given to thirty
men at ! o'clock in the morning.
Passed Assistant Surgeon Herndon was the
next witness lie testified TO having dressed
Walkers wound after the man had been cut
down hv Commander McCalla. He did not con-
slider the wound dangerous. He gave Walker
two doses of morphine during the night to quiet
him. The conduct of Commander McCalla toward
offcers and men was always courteous.
Paymastcr Mudd then testified. He was on
deck when the Walker affair occurred. and gave
an account of it. which did not differ materially
from that given by the previous witnesses OF the
affair. except that he said that Captain McCalla
struck Walker three times. lie thought that
il CAPTAIN McCalla had not used the means he did
to quiet Walker, the crew would have taken charge
of the ship. After the paymaster testimony, the
court adjourned until l rs p. IN.
A TILT BETWEEN COUNSEL AND WITNESS.
The first witness examined in the afternoon
was Assistant Engineer Bennett. lie said IN
regard 10 the personal investigation by the com
manding officer Of all offenders, that the usual
ships court "at the mast was seldom held
Sometimes reports made by officers were not
investigated He had made such reports, but
could not specify them in the absence of the last
report books. Once he heard Commander McCalla
swear at the ships armorcr, who had carelesSly
discharged pistol, and call him fool. Walker
was commonly regarded the ship as being
partly crazy.
Mr. Choate then took the witness In hand for q
crossexamnation. In answer to question by
Mr. Choate, the witness denied having written
any official statement regarding the state OF affairs
OIL board the Enterprise, having made any
statement for publication, or having talked to
any reporter on the subject lie had written
private letters TO his friends. but refused TO answer
any question as TO the contents of the letters or
the persons TO whom they weic addressed MI
Choate asked the court to direct the witness TO
answer his question In regard TO all letters he
had written in the course OF the cruise III which
the state of affairs on board the Enterprise was
mentioned.
admiral Kimberly ordered the court cleared
while the question was debated. When the doors
we're again opened, the Admiral announced to Mr..
Choate that the court had decided that the per-
sonal and private letters Of the witness were not
proper matter of investigation by the court. Mr..
Choate before the clearing of the court, had given
as one Of his reasons for desiring TO investigate
the subject Of Mr.. Benefits private letters that
the witness might have in them given different
account of the affairs the Enterprise from the
one he gave the witness-stand. MI Choate
now arose and gave another reason, addressing
the court as follows: " If there has been a CON
spiracy against Captain McCalla. as we beleVe
there has Ge wish to show by the letters OF the
witness the steps by which the exaggerated re-
ports of affairs on the Enterprise nave pcch given
10 the public"
Mr. Bennett here became indignant and said Il
claim the protection of the court against the sour
rilous attacks that are being made upon me by
this gentleman He stated a little while ago that
I had written accounts of the incidents 70 which
| have testified, different from my account given
here He accuses me OF conspiracy against
a brother officer"
You shall have full protection, replied the
Admiral. Mr.. Choate arose and dlsclalned any
intention of charging the witness with conspiracy
or with giving false testimony. Harmony being
restored the cross-eXaminaton went on.
OTHER WITNESSES
Lieutenant White, Of the Marines and Chief
Engineer Entwistlc were next examined. but no
new evidence was elected. The complaint Of the
chief engineer and that of Ensign Kline a9ainst
Captain McCalla, will be made a separate subject
of inquiry. Ensign Klincs testimony revealed
nothing new On his crOSseXaninaton by Mr.
Choatc he was asked if ne had ever written any
thing about the state Of affairs on the Enterprise
He replied Yes. ] remember having written
10 friend tha, the ship was the most unhappy
one ! ever saw" ,
Are your relations with Captain McCaih
friendly" asked Mr. Choate. .
Il feel friendly toward him." replied Mr..
Kline.
The examination of Mr.. Kline closed the days
session. and the court adjourned 10 meet al ~
o'clock to-day. Chief Engineer Entwlsflc ana
Ensign Kline. being under suspension did not
their swords NJ the court Admiral Kim
berly directed that when they appeared before the
court as accusers Of Commander McCalla they