New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-26
M,CALLA SHOWS HIS HAND.
49, INTERESTING POINT OF LAW RAISED.
NAVE FOR THE STRIKING CUT OF IMPORTANT
testimony A DECISION TO BE
GIVEN TODAY.

..,.s raised a poipt Of law at the McCalla
MI 81 Yesterday which, II sustained VIII
coui a tho proceedings one Of the most important
so". made against the commander oil inc hhci
'" :. WAS an objection to the taxing VI "s"'ons
y ord 10 the case of Louis hyer' t''o opp .'"'0
!" rnom Commander McCalla WIN HIS uidM"
oo' threatened to kill for smiling al hln' Inc
srarre undcr which the prosecution was 'i're 'e'"
on"'- IN ,he uver case " conduct unbecomihg an
no"s - ,,So snoc;ecations were that he used pro-
oi"'0' 100 a. Nver and threatened to strike MN
iSno "a q he smiled at him, Myer being tied 70
the mast. o ,.st,tv;nr in regard
. marine named Brandon was oos'i''"e III 80
a. the punishment which he had icooi>ou io "'"s
=. .,umn the ship at Rcuen. lie sar 'ha' "o "'"
-, irorod 70 several other men LOT several ua' y
Deon "." ~ ,r,s roned to the poato-locker When
the testimony regarding hnlScn ia" , WV. ,S.o
s,se,,,, h.en gotten out Of him by the Judge-AuNo
~ was asked IL he had seen Commander NC
- ,,.aton 10 strike Louis Myer. lmmeois'eN
~, vonyies was on his feet and onlec'ed
~ * nv intention" he salu' W io'c a" ''v
80 tb.t the testimony Of Louis Myer ana all
a. testimony taken in regard 10 MN he strlcheh OUT
NJ the records OF the court Inc 'narse - '''''N
unbecoming an officer, general ohd'se' o"' ''0
oca,ons under this charge arc for ohcnces proVueu
,,r a. the articles for the government of the Navy,
which shouId have been charged Of themselves ana
rot brought i'm under this drag net clause IL Is a
ue Of law that where the matter sought TO be proved
Il covered BY special clause, ii should be charged
under that clause and not under general one The
general clause cannot cover the special
This was a bomb,hell in the camp OF the prosecu-
ton but Lieutenant STATION. Assistant JudgcAdNo'
cate AT once replied 10 Mr.. Menzies, and IN an able
argument maintained that under the charge Of con
duct unbecomng an officer. any conduct which was
unbecomng an officer might be specified NJ the
end of the arguments Admiral Harmony ordered the
court cleared. II was O'Clock before the dchDera
tons were over and the doors again opened linen
the Admiral said "Our decision on the question
raised by the counsel for the defence will be announced
10 morrow. The court j, now adjourned"
Carl VI. Nelson. seaman. was the first witness
He testified 10 having been ironed anOther man
for three days while the Enterprise was AT ctettn
and again at Rouen. He also had extra duty This
The crew. and STAYING away from the snip for TWO
Gays j. T.. Wcce testified 10 having been lroned
IN a string with ten twelve other men. His irons
were not taken OF when he ate lie was quafantined
for three months and had extra duty for two months
lis offence leaving the ship without permission
and staying away hve days. NJ Eonen ne again let'
tie ship without permission and STAYED away two
hours For thi- offence he wac ironcd 10 ten Others
md kept until the ship Went 10 SEA AZ night
Tie end men Of the string were chained to ring
bolts in the deck.
Mr NIcnzic, read rom the log book 10 show that
wciscl was thus secured. not punishment but
t. prevent him from leaving the hip He was re
leased a. ,oon A. The ship got under way ...,
:. &. Me-ihurch. seaman apIrcpticc, testified 10
having been ironcd 10 another man for twenty four
lDlr, al Roucu. lie was kept IN lions for four
cals. His offence leaving the ship without
PERMISSION. otto Kline. private of mtrircs. tc>u
Nod having received Ike punishment. His
offence going 10 sleep on post Then came
Private Brandon the witness whose testimony raised
the technical hchi between the prosecution and de-
fence.
Lieutenant r. VI. G.. Brown arrived from Washing
ION YESTERDAY bringing with him the records Of some
previous court -martiais asked for by Mr.. Mcn7ics
Il Was Lieutenant Brown who made such a reputation
Al b, entering the men into the rigging Of the
Trent % and thus saved her from being --dshed 10
piece on a coral reef The records those of the
irill Of Admiral NTm"n for shooting mai when ne
command of Pacific Mall steamer shortly after
The war the trial II Commander C!Os>man II striking
Il man with his sword and several other eases. in
& iding all m" court mar'ias held the Enterprise
tiice she was last pat in commission.
The court meets at 10 O'Clock this morning.