Telegram-herald., 1890-05-03
THE COURT MARTIAL
or the Company B Offenders Ad-
Journeo 10 Next Friday Evening
OBJECTIONS 10 COL. NCCURRls
serving a. Member of the C0art-othsr
Objection And EkeePtious Fllsd-A
Rather dtAed AnAir-W hat the
Defense Vii Claim.

mostly or members ~ Custer Guard
and Innes Rides, were present Al Com
psny Is armory last night 10 witness the
court martial Of the tweuty-three mem
Ders OI Company b, charged by Capt.
kinney With various Offenses against
military laWs, such a. non-attenuance
AT drill, etc. None OF the espondents
were allowed IA tae court WhDe IL ses-
SION, except the member whose case
Was Al the time on call. The affair MAS
conducted with great ceremony, the
members OF the court being attlred n
full dress uniforms.
10 minutes past O'Clock the mem
bers Of the court, Lieut.. Col. McGuTrIn,
Maj. Chas. Rose and Capt. d. L. Rog-
ers, of Company X, filed INTO the nail
ana took seats Al the bench. Col. Nc
Gurrn being senior oflceT sat la the
center and presided. On either hand
sat the associate members OF the court.
MAJ. Rose on the right and Judge
Advocate Rodgers on the left. After
the president had called the court 70
order, Judge Advocate Rogers called
the roll OF the court, after which he
read the order OF Col. IRISH, authOrlZ-
4lH the court ltAllLal.
Judge Advocate Rogers then an
nounced that the first case he would
present would be that OF Henry Fiebig.
The respondent appeared IN custody OF
two puyates, one Of whom walked on
each SIDE, with guns st carry arms and
bayOnets affixed. The respondent was
ordered 10 stand while Juuge Advocate
Rogers read the order for court
martial. General l.. O.. Rutherford
appeared as his counsel and objected 20
the court. Respondent tnen arose and
stated that he had not employed any
counsel, and would defend himself.
General Rutherford retired, stating that
he supposed the respondents were 70 be
tired IN a body, instead of each case
having a separate trial.
Here. the members of the court ad-
minlstered the oath of Office 20 each
other The Judge advocate then read
the charges, the respondent beng al
lowed 10 plead to each specification.
To all OF these he pleaded guilty.
Respondent was then dismissed, and
John DeKuup was brought into court.
Judge Advocate Rogers read the
order TOR the court martial, and on
being asked If he had any objection 70
the court, respondent stated that he
had. General Rutherford appeared as
his counsel and offered the following
objection IN writing:
Regmental court martial, Second Regl-
ment Michigan State Troops.
To the court a. organized by virtue
of special order No. /, Second Regiment
Michigan State Troops, 10y which Lieut..
Col. William T. McGurrin, Major
Charles II. Rose and Capt. Dennis l..
Rogers, were made, appointed, and
CONSTITUTED a court tor the trial of the
undersigned members of Company "B, -
Second Regiment Michigan State
Troops.
We shall, each of US, the accused, who
have been summoned before said court,
hereby challenge Lieut.. Col. William
T. McGuIrin, president OF said court
marital, and allege as cause for chal-
lenge;
!. lie has been counsel for Capt.
William :. Kinney in relation to the
charges and specifications fol the trial
OF winch tins court was convened.
,. He has been present at the meet
ing of Company "B, - and is familiar
with the matters referred 10 IN said
charges and specifications; and has re-
peatedly expressed the opinion that the
accused were guilty.
3. We belIeve tnat with the prejudice
now and heretofore existing with SAID
president, he is not, for tins reason,
proper person 10 be a member of said
court.
4. The said accused believe that it
would be just and right that the pres
dent of said court should be person
entirely unpreJudiced. and one who
has never been a member of SAID COM
pany.
Fred J. Davenport, Fred A. Denney,
John DeKruf, w lam /. Lyman,
David b. Lawless, John II McGIll.
Joseph A. Bowman, Ernest B. Conant,
Fred A. Barber, Henry Fiebig,
Robert Hanna. Frank McKelvey,
Herbert A. Dennis, Robert ". Irwin,
Fred W. Wilcox, Fred J Fisher,
Frank y. DAVIS, Arthur Hansen,
Hugh j. Gray, Albert b. Cooper,
Fred +. SaxtOn.
IS the same objection will be made
IN each Of the cases. one copy was illed ,
signed by All Of the respondents. The
court retired 90 scuss the objection,
aud when court rcc0uvcned the judge
advocate announced that the objection
W4s OveTTlled. Another objection in
writing Was then offered, which reads
as follows.
Regmcntal court-martial, Second Reg
Iment Michigan state Troops.
To the court as organized ~ virtue q special
order No. 7, second feumeut hichig2n
state Troops
The accused. whose names anrear 20