The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-09-12
GORHAM WILL FIGHT.
Test Of the Decision of the
COurt-Martial.
GUILTY ON ONE SPECIFICATION
The Lieutenant Declares tho Proc eedings
Void and Will Resist Dismissal
in the Courts.

Leutenant w. H Gorham. OF Company D. re-
turned last evening from Olympia. whittier he
had gone o investigate the record Of the recent
court-matt.a al before which he was tried At
the Office of the adju ant general ne frst saw
the general order containing the findings OF the
court-martial and dismissing him from the
service, dated September 3. The order is as fol-
lows:
GENERAL HEADQUARTERS.
NAnosAL GUARD OF WAsHINGroS,S
ADJLTANTGENERALs OFFICE.
"tGeneral Order No. 81
"oLyMPIA. WASH. Sept o, 1890.
a. Before general court-martial, convened
by special order No ., {. s.. from these head.
quarters, and Of which Lieu,enanI-C Colonel John
Carr 10 president WAS tried Second Leuten-
ant w. II. Gorhsm, Company u. First infantry,
N. q. w.
..Unarge L Conduct to the prejudice of good
order and military discipline. in violation of
the sixty-second art Gle Of war.
with sundry specifications to the said charge,
to which charge aud the specifications thereto
the accused, second Lieutenant w. h. Gorham,
Company d. First infantry, pleads as follows:
second Lieutenant W. H. Gornam filed plea
denyi & the Jurisdiction of the court, which
plea being overruled by the court, and he de-
ching to 81 pear further in defense OF said
charge, the plea OF ''Sot guilty" is entered.
FINDINGS AND SENTENCE.
1.-THE court having maturely considered the
case, finds the accused, Second Lieutenant w. a.
Gorham, Company D. First infantry, N. G. W.:
"of the first specification-Not guilty.
''Of the second specification-Not guilty.
''Of the tn ri specincation-Not guilty.
"Oi the fourth specl1cation-Not guilty.
"Of the fifth spec fl sation-Not guiity.
"Of the sixth specifcatiun-Not guilty.
"oi the seventh spec fieation-Nos guilty.
'Of the eighth specs ncatlon-Guiity.
"Of The c. arge-Gailty.
'And the court does therefore sentence him.
the said w. Ii. GoTflam second lieutenant COM
Iany d. First regiment. N. g. W.. to be dis
mis- Gu from the service oil the National Guard
OF Washington.
- The proceedings. findings and sentence in
the case Of second Lieutenant w. H. Gorham,
Company ID, First regiment, N. G. W., Is ap-
proved, and Sec. nd Lieut. nant w. II. Gorham,
Company D, First regiment infantry. n. e. W.,
IL dismissed from the service OF the National
Guard OF Washington.
"3 The general court-martial. convened by
special order No. ., G. D., is hereby dissolved.
BY order OF the oInmsndefin-chief,
"R. G. O'BRIEN, Adjutant General
~ found" said Lieutenant German, upon
examining the record, several fatal defects, and
shall resist to the fullest extent in the civil
courts the sentence OF the court and the order
oil the governor. ] shall consider them both
void. and continue in the discourage of my duty
~ beuicdduJ Vi tHS CoIup6uy. al tuS elsuIu
specification, the only ole upon which was
found guilty, was charged with having told
Calta!n kellogg that the company would un.
douotediy ask for his res gnation. This was
done by me upon the suggestion of Colonel
Haines, as an act OF courtesy. found that no
entry had been made in the record of the first
session OF the court-mattial, held on June s.
aud admitted by the ju ige advocate to have
been he'd This is a justification OF the record.
The record also states tnat was notified
then and there Of the action Of the
court in overruling my special plea. This is
unqualified iaisenooi. Immediately aftSr max
Ing my plea lei the court and went about my
private busin IS an kuew nothing whatever OF
the actin of the court in overriding it until l
saw 1t in the daily papers. Another fatal defect
is the failure of the record in any place to show
that was in any manner whatever summoned
TO appear before the court.
81 understand that the special order dismissing
me from service, which saw at the adjutant-
generals Office, has been promulgated. Ii so.
the governor has issued the order without Civ
ing me an opportunity to appear aud show
cause why / should not be dismissed,
as is my right under the regulations.
Because of the fact that the only specification
upoL which was found guilty charged an act
which was told to do by Colonel Haines, and
of the detects of the record, snail not submit
to dismissal without hard fight in the civil
cOurts