The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-19
NO COURT AT ALL
Lieutenant Gorham will Not
Recognize COurt-Martial.
HIS FORMAL PRESENTATION.
He Says the Court Ceased to Kxist BY
Adjournment Of Previous Session
-Evidence Heard.

diction Of the court. and, beyond making
special appearance. paid no attention what
ever to the hearing.
The court-martial was convened ct the
armory At O'Clock, having adjourned to
tnat hour from the morning. The board
SAT a. follows: President of the court,
Lieutenant-Colonel John Carr, Second regi-
ment, Dayton; judge advocate, Lieutenant
Y. 4 Dorr. company F, Dayton: Major C.
=. Johnston. First cavalry battalion, of
spokane Fails; Captain H. G. Sheehan,
company D. Second regiment. Waitsburg;
Captain E. H. Fox, Second regiment. Day
ton; Commissafy e. s. Isaacs. first lieu
tenant Second regiment; Corporal Frank
Henry, OF the Seattle rifles, acted as ORDER
ly of the court
When Lieutenant Gorham, the defendant,
was called for. he stepped forward and
threw . bombshelI into the court by telling
It that IL was no court at all and politely
informing it that 1t could sic es long as it
pleased at the peoples expense but it
would be without his presence and without
any effect upon him. He then made the
formal presentation of his case, as follows:
Comes now w. II. Gorham. second lieuten-
ant, Company D. First Regiment. n. G. W.. and
appesring specially aud solely for the purpose
OF oblecting to the court mentioned in Special
Orders Nos. and 10. dated general headquarters.
National 6usrd Of Washington, August Q, 1890
and August 13. 1880. respectively, on the ground
that the officers here assembled, by virtue Of
AMI In obedience TO said special or Iers, to sit a.
ccurt-martial for the trlai OF said w. H. Cor
ham, have NO jurisdiction to sit IS such court
or for such . purpose, respectfully submits the
following statement
That the o1hcers ordered by special order No
4, general headquarters. National Guard of
Washington, dated May 70, 1890. to assemble
and sit as court-martial for the trial of said
w. II. Gorhsm, duly assembled on. to-wit, the
Sd day Of June. 1850. pursuant to the order last
Aforesaid. duly perfected the organization of
court for the Transaction of business and the
trial of cases to come before it, and thereafter,
to-wit, on the 4th day of June. 1890. without
sHmmoning the said W.. 81. Gorham to appear
before said cours, ct q time and place by them
to be appointed. for trial. as required by section
44s of the Rules and Regulations Governing the
National Guard OF Washington, and without
causing him to appear before them and show
cause why his trial should not be proceeded
with, duly adjourned without day; and said
court did not thereafter recoavsne or hold any
session whatever
That section AS of the Rules and Regulations
provides that . court when convened may adj
journ from time 70 time, as shall become neces-
sary for the transaction Of business: but the
Whole session OF the court. from the day ON
which IL shall convene, until it dissolution.
shah not exceed three weeks.
That said coHrt, bv operation of law. was dis
solved June "A, 169o, three weeks after the day
on which it first convened and organized, and
could NOT meet again after June "a. 1890. for the
transaction of business or for the trial OF said
w. II. Gorham.
That no order since said Special Order No.
has been issued converting new court for the
trial Of said W. II. Gorham by the commander
in-chief who has sole authority to order and
convene general court-msrtia.
That said Special Orders Nos. ana 10 are
plainly amendstory. amending and modifying
Special Order No. aforesaid. They DO not in
themselves, specifically or by inference, con-
vene . new court, bat by direct and specific
reference ~ Special Order No make Special
Orders Nos and 10 q part of Special Order No.
4. allege the continued existence OF Q court By
virtue thereof and under the provisions thereof
(of Special Order No u order the same to re-
convene ut Seattle this 18th day OF August, 1880,
for the trial of said w. 81. Gorhsm.
This is clearly illegal. After the adjournment
Of the court June 4, 1890, it could have recon-
vened ct any time mp to the 9th day of June,
and any vacancy occurring il could have been
filed by the officer ordering the court See
section as. As matter Of fact aud of record,
IL was not reconvened prior to the time fixed by
Law for its dissolution. Casing TO exist June24,
1890. aud no new court having o3cs been ordered,
1t necessarily follows that there Is no military
court at all-and there being no court no trial
can be had. This meet ng here, pursuant 70
Special Orders Nos and 10. is o mere assem-
blage of officers Of the National Guard clothed
with no more authority to cit in Judgment upon
Q fellow oficer than any other voluntary meet
ing OF oficers to discuss military affairs, and
possesses absolutely no attributes whatever of
q military tribunal.
- ~
federal, civil or military, are the judges compos-
ing the courts self.appointed. The selection
may be by appointment from without or by cleo
tion--in either case the law must be strictly
complied with. The enjoyment of Life and
property depend upon it and is guaranteed by
the constitution OF the United States.
The military establishment. regular aud vol
unteer. is for the sole purpose of maintaining
the supremacy OF the law; and sh uld never be
guilty OF attempting that which i, is often
called upon TO suppress among civilians,
namely. the depriving of others Of life, liberty
or proper =, without due process OF law.
In conclusion he further states that should
hejhimself waive the lack OF due form in the
appointment of the court, the fact that no no.
tice of summons, and no copy of charges have
ever been served 40 required by SIS OF Rules and
Regulations. and all other Irregularities still this
assemblage would not constitute . court under
the law. And however much he may desire to
meet and answer the charges that have been
preferred against him. to clear himself before
his superior officers and his comrades in the
National Guard. and reiute the imputafion that
he has ever been unfaithful to the trust con.
fided in him by virtue Of his commission, an
acauittal ct the hands of this assembly would
not in the slightest degree preclude q legal
court martial from trying him hereafter upon
the same charges. nor in case OF conviction at
your hands could . sentence be carried out or
penalty enforced.
As lawbreaker IL none the less amensble to
the law though acquitted by q judge whose
term OF ONCE has long since expired neither
shall an innocent man suffer the loss of his
liberty nor bis rights and privileges under the
law be abridged by conviction before such .
Judge.
Believing that the law Il plain and clear on
TO my brother officers and regretting the incon-
venience they unfortunately are made to suffer-
this statement is respectfully submitted and
further appearance before you declined.
w. II. GoxHkM,
Second Lieutenant Company d. First Regi-
ment. N. g. W., appearing specially Is afore-
said
After making this formal appearance
Lieutenant Gorhsm withdrew and the
court proceeded with the examination of
witnesses. Colonel Carr, the first witness,
testified to having heard Lieutenant Cor
ham talk about asking Captain Kellogg TO
resign. This is the most serious point OF
evidence against the defendant Captain
Kellogg had previously told all the general
circumstances 20 the court
Lieutenant Booths testimony conceded
with that of the other witnesses in this re-
spect
Captain Joseph Green. of Company B,
testified that be was witness to Lieutenant
Gorham's circulation OF the petition rela.