Telegram-herald., 1890-05-11
MAKE HASTE SLOW
The Court Martial Takes = Little
More Testimony.
The DEFENSE SHOWS ITS HAND
Ges- nathsrf0rd Pats IN al Ars umsnt, In
which IL l. held rh.S There i ~
onsnse. NJ Court No Iesti I4s.-
And No a>0thiag"


/ proceeded al once 10 ply witness with a
series OF questions al OF the same I'M
I port, for the purpose Of getting before
( the court specific testimony whether or
not the members attempted 70 1t
dropped on March IL, were among the
most regular attendants, and whether
or not they were among the best drilled
men IN the company, and what tne
relative attendance was, compared 10
that on the important dates
/ IN the charges. These ques-
tions were all ruled out. The only way
! by which Gen. Rutherford was able 10
| elicit tins information was 10y introduc-
/ ing the roll book of the company, and
/ that was not objected 10. Capt. kinney
( testified, IN relation 10 MS conversation
with the accused on the matter OF eX-
cusing him flom drill, that OF January
1 20, 1889, ordered the accused 20 put
on his uniform, and he said be was SICK;
I but did not excuse him. ! do not as
sumo 10 be doctor, 70 Judge whether
men are sick or well. As % whether or
not they have rheumatism, ] think II
| they are able 10 play billiards they are
I able 10 drill. | would not swear posi-
/ lively that accused played billiards on
| the night OF January 20, but that j.
what they were ln the habit OF dong,
and also playing pedro, and then skip
/ out when i was time 10 fail ID.
| In answer 10 a question OF the court,
witness said that accused presented no
written excuse or doctors certificate
/ that he was sick, within two weeks after
! he was absent. Ii was the habit OF the
accused 10 come 10 the armory on drill
nights, play billiards. and then leave
when ordered TO fall n, 10 avoid drill
| ing with the campany.
After a brief recess the court gave
the accused opportunity 10 make any
! further statement he desired
In pursuance OF this, defence put IN
certificates from Drs. Hazelwood and
Best declaring the bad condition of
| health of the accused during the
months of April and March, 1890; also
a certificate OF like purport from his
employer.
On cross examination accused testi-
| fed as follows:
"On January 20 was unfit for duty,
having a lame neck and arm. ! went
up to see my physician that night, and
he was not IN. SO | came 10 the
| armorv. As came in the Captain was
Just going into that room lponting),
and he said, Put on your uniform |
asked TO be excused on account OF sick
ness, and he walked away and did not
saw whether | was excused or not. /
walked away, thinking | would not be
| excused any way. | don't see how |
could have played billiards, as ] came
up just before the drill began. ] then
went home.
Il did not present these written
excuses within the proper time, because
| did not think II necessary as the
excuses were not granted after the
18th of March. Between the dates men
toned ! did not appear for drill,
because | was not able TO. Got DR..
Hazlewood's certificate April %. Got
il for reasons which appear in the GER
tlficate. Got II for the purpose OF pre-
senting in these proceedings. That IS
also why got the other certificates.
Nobody advised me TO get them. Did
not tell the physicians what use ! pro-
posed to make of them. Have attended
only one meeting he'd by the persons
mentioned in the order convenlng this
court. Have stated in my defense all ]
desire to state"
The case here closed except rs to the
arguments. The adjournment was 10
the evening of Tuesday next.
The following Is the written argu-
ment in full submitted TO the court,
but not read, by Gen. Rutherford:
GESTIEMEN-The proceedings now
under consideration are peculiarly
novel. / do not believe that parallel
case can be found in any country with
a constitutional form of government.
Indeed at best, a court martial is today
but a relic of those harbarOus times
when the autOcrat held the lives and
prosperity OF MS subjects at the mercy
OF his caprices. and N order 20 main
tain himself as absolute ruler he was
compelled % institute arbitrary rules
and regulations by which be could Al
once punish any person who had ln-
cured hs dIspleasurc or was likely 70
become dangerous 10 the blind hgotry
of the age of expressing convictions
tending - onDohie and enlghten men
20 a sense Of liberty and justice.
As mankind has become enlightened
however, the rules governing proceed
/ inCs of this character have been 81
much relaxed that today t may
well DC doubted whether any
I member 81 mil tary company. serving
without paw in times OF profound
peace, can he for one moment s1biec;
- he restrained OF hs liberty. and in
stances arc not rare where officers
assuming - do 20 have been held for
damages IN the civil courts. We shall
not. however, stop 70 consider thl'
proposition further tnan - necessary
90 illustrate the questions involved.
Some interesting and ustruc ve read
lng may b. found !. Kent Con- or
page 34l. page a. Military and va
crimes and 0fensos committed w3If
+ tla party is attached 20. and unda thf
mmediate authority Of the armv and
navy 0f tra i-n-te3 states and r actual
service. arc not ca-l .za'.e - tae rFu
lavs
It r D. see1 " th-s that Anrrr~a =
greatest law zVer for more than half p
century has held - necessary thst to b
seh-fct ta court marital tae arr1set
uusf. st tre time O. tlc eyed oti eHsf
le eetlsI service.
Is re-e furnishes n0 para Wtf
enr osa-f usr+s heretofore ned au-
.tarea f1r rerp1 ~ at Iea.f oon
any rr ped country HIf trs
r4 have uo rorrt jobs clrt f
any af -t n
fr1u fre ave r. tls state.
dye advocate s ro uo.<
member ~ trs court tasn att~oef
general sa member NJ trr rrrr1'
f fsrr frr lrtes of both 30
xaa~t rc-ssf % present. ~ tne rss.
RI rre ~-ste ~ t1e ro1rt TIE rn nv a-
terr ~ frr c1rrf ~ r-s zr1 o. -
--.~e.-..- RI rs.---. .-