New-York tribune., 1891-12-25
WITNESSES hi FUSE TO REPLY
A sTIR AT The THRoCKMORToN TRIAL
THE CoURTMARTIAL PowERLEss TO PUNISH
coSTEMPT-FACTs BROUGHT OUT


coNTEMPT-FAcTs BROUGHT OUT
At the opening Of the second days proceedings in
the Throckmorton courthartal in the Army Building
No. 80 whitehallst at 10 80 O'Clock yesterday morn
Ing Major James ,i Powell. 9Th Infantry, stationed at
Fort Porter Buffalo " Y, appeared as a new member
o. the board acting under orders from the War Depart
ment Major Powell served through the war In the TIN
Regiment. Lieutenant Colonel Barr Judge advocate,
Immediately challenged the admission OF MAJOR POWELL
The court cleared for deHberation Wheh the
court was called Colonel Otis announced that the new
member would not be admitted. Considerable EXCITE
ment was aroused when the judgeadvocate called to
the stand Samuel westervelt, credit clerk for Lord ~
Taylor, Of this city, who. after being sworn, said
"Beng a civilian, understand that am not under the
necessity OF tcstIfying In this unless wsh and 50
! refnse to answer LieutenantCo Colonel Barr put
number Of questions to him in regard to Major Throck
mortons account Of $3.50 with his frm the arrange
mens that made for the payment Of this and also
checks drawn on Latham, Alexander & Co. To all OF
these questions tie witness answered al refuse 10
reply Henry Tompkins, attorney for the same
firm, also declined to give his and refused TO take
the oath. Mr. bewis arose and said - wish to say
that have had nothing to do with this matter, and
this conduct The part Of these two witnesses Is
complete surprise to u.s. hope the court will give
credit for not having attempted to treat this matter
Indirectly
Lieutenant Colonel Barr Judge advocate Of the court
said I'm experience Of over thirty years have
yet seen such contumacous witnesses these
two They are. however acting under the protection
Of opinion delivered By Attorney General Garland
in 1885, confirming the ruling Of Acting Judge e-Advo-
caeGehera Lieber in the case Of civilian witness In
the Department OF Texas who stood mute before the
courmartia They forced to attend under Section
1902 OF the Revised Statutes but thec is penalty
named for the offence suggest that the court enter
note Of this twarng OF justice for the attention OF
rbn ie uip tn
After secet session Of fifteen minutes he read: "The
conclusion Of this court is that the witnesses
question guilty Of contempt but finds Itself power
less to punish under the existing laws cited by the
judge-advocate.n
1t is understood that Lord & Taylor took the
position they did on the ground that their transactions
with their customers are confidential
Colonel Clement Il. Bes-, Of Newport, R. l.,
was recalled by Mr.. Lewis and subjected
70 rigid cross examination In reference
to what he had done with the check
on the Staten Island National Bank after ehe debt
had been paid BY another check. and how the knowl-
edge Of the transaction the War Department,
unless EO had made complaints. A letter from the
Colonel under date OF Dec. 81, 1891 was submit ed
evidence Objections to the questions were raised
by NeutenantCoonei Barr, but not sustained by the
court.
Lieutenant Richmond p. Davis, Cd Artillery,
stationed at West Point, the next witness OF the
prosecution. He recognized three checks aggrcgating
$40, given him by Major Throckmorton, the Lincoln
National Bank for cash which he had advanced TO The
Major. Such accommodation wns, he explained,
Of frequent occurrence with almost any officer at the
post. These checks all held by him as a part
of the post cateen money and turned over as such to
his successor In the post canteen about the middle
Of July, when the witness transferred from Fort
Schuyler.
Lieutenant Herman C. schum. In charge Of thc post
canteen, Fort Schuyler. was called after the
and his evidence In cross-examination shown to
be inaccurate In many respect He lent 800 Of the
post canteen funds to Major Throckmorton in July,
1890, and received in payment check on Latham,
Alexander & Co.. and this check, with the three
ceived through Lieutenant Davis, he transmitted 70
his private broker. j. S. Trip, in Wisconsin Major
Throckmorton informed him before 10 O'Clock on the
day that he forwarded tine check that tqe checks
would not be paid, and gave him $40 the day after
they returried. The CHEEKS and pro est fees
amounted 10 s64 55, and the witness swore
repeatedly that he returned over S5 change. But
when his memory refreshed he admitted that IL
was only Al cents. The witness was confused and
Colonel Cochran objected TO The nature OF the eXamna
ton, but the judsc-advocafe DID not thlnk that MI
Lewis had OveIstepped the proper bounds.
The witness made an error OF over two months
in the OF Major ThrockmorOn's arrest and told
OF collecting evidence for the prosecution OF the case
mIand Of Fort SCHUYLER after Major rhrocknorton's
arrest and first said that sergeant Zang ard Private
but under further QuetJh.ng became badly tangled
In his statements that he appealed to the court for
protection.
The examiration Of Lieutenant schnm will be con-
tinued at 10 80 O'Clock tomorrow. The prosecution
Westervet and Tompkns refused TO give has weakened
the case materially. Major Throckmorton AID his
son made constant suggestions members Of the
counsel. Frederic Il. COudert Is expected to be able
to take part in the defence on Monday.
on Wednesday Senator Proctor introduced bill In
the senate covering the difficulty that is experienced
by martial in like those Of Weservelt and
Tompkns The bill is TO amend the revised statutes
BY adding the proviso that all persons not In the
military service who refuse 70 give testimony when
summoned before a court martial shall be liable to a
fine Of not more than $500 and Imprisonment for not
more than year.