, 1891-11-06
MONKEY BUSINESS !.
That is What the Court Martial is
Engaged in.
Secret Sessions OF the Epauletted
Soldiers what is 10 he the
Outcome of il


This court martial has been fixed to let
oft Haines on the plea of no jurisdiction,
said one of the military officers this morn
ing. "The precedent was fixed at Seattle
few weeks ago in the trial of Captain Jones,
of the Port Townsend company. That
court martial said it had no jurisdiction in
the Jones case in order that the same thing
could be worked in the Haines matter. The
Haines men are laughing up their sleeves
at the idea ofconviction
The doors OF the military court we're
closed to the public during the morning,
and the visiting militia officers were any
thing but pleased. The first question
raised by the counsel for the accused was
as to the organization of the court. 1t was
charged that it had not occurred in due
form, that the orders conyening the court
were not fully read that the accused was
not asked if he had any objection to any
members of the court prior to swearing
them, and that there was an entire absence
of record Of any proceedings. On these
grounds the court was re-organized. 1t
was stipulated between the Judge advocate
and the counsel for the accused that the
record of yesterdays proceedings should
be submitted at an adjourned session this
afternoon, and that any objections TO the
record could then be taken, the same as if
the record had been presented and read
The counsel for the accused is determined
to have everything minute and the record
complete before the case is proceeded with.
Colonel Pike, one of the members of the
court, was challenged on the ground that
he is inferior in rank to the accused. and
in direct line of promotion, that is, were
anything to happen to General Curry, as
the head of the brigade, and Colonel
Halnes were to be removed, Colonel Pike
would be the next in rank, and would as
sumo thecommand of the brigade This was
argued asa strong point. The articles Of
war provide that when it can be avoided no
inferior should sit on the court if it can be
avoided. 1t was was argued that in this
case it can be avoided by removing Colonel
Pike, as an inferior officer to the accused,
and still leave SIX members on the court,
five being the minimum limit in the com
position of the court, thus leaving suf-
icient number to proceed with the trial.
That the penalty for violation of the
slXty-tirst article of war is dismissal from
the service No lighter sentence can be i'm
posed, and Winthrop, the highest military
authority in the country, states that when
O41S IL,
safer, and in the interests of justice thata
inferior officer should be excused
Colonel Pike was also challenged on the
charge that he had expressed an opinion
in the matter since being detailed on the
court. The accused and the cballenged
party then left the court While the matter
was being discussed, and the result was
that Colonel Pike was released from the
court.
There is now no question that the court
will continue in session until Monday at
the earliest. Haines' friends are confident
that the case will not come to trial, and
even though it should, his one strong point
OF defense will be the lack of jurisdiction,
and on this point il will be carried to the
civil courts.
This afternoon Colonel Haines was ar
raigned and the charges against him we're
read, but counsel for the accused claimed
that the charges served upon Colonel
Haines were not the same as those read by
the court, the difference being that the
name of Arthur Empy, clerk at the hotel,
was not contained in the original CODY
Counsel forthe defense was willing to pro
ceed with the trial upon the charges served
providing the name of Arthur Empy was
Withdrawn and that such facts be included
In the records of the proceedings.
The judge advocate reserves the
right to introduce the last named person
upon the affidavit that he is material
nAVdCOos Lilo w tlD oebbloldGbOIy 70 bI1G QG-
tense. The charges were then read, charg-
ing Col. j. O. Haines with the use or foul
and abusive language without just cause
or proyocation, while discussing military
matters. Counsel for the accused entered a
plea to the jurisdiction of the court, on the
ground that the accused was not amenabla
to military law, nor in the performance Of
any military duty at the time and place,
stated in the charge That the charges do
not constitute military officer Other
grounds were mentioned in the plea The
ing to press.
Many strong authorities were cited in
support of the plea.
There was q lengthy discussion at the
opening Of court as TO just what portion Of
stenographer, w. G. Johnson. This was
satisfactorily settled and the stenographer
sworn.