The morning call., 1891-07-10
IN SECRET SESSION.
The Court. Martial to Sit To-Day
With Closed Doors.
Dean Testifes in His Own Behalf-All the
Evidence In-The Arguments to Begin
This Morning.

The court-martial of Lieutenant Dean
practically came to an end after the morn
ing session at the Preside yesterday. All
the evidence was declared in and both sides
rested, after which an adjournment was
tax en- till this morning, when the case will
be argued All subsequent proceedings Of
the court will be conducted with the great
est secrecy, aud the fate of the accused will
not be known until the findings of the tribn-
nal have been reviewed by the commander
OF the department who ordered the court
martial
When Lieutenant-C Colonel Arson Mills
called the court to order yesterday morning
all the members were present. The only
new feature of the session, as far as APP
pearance was concerned, was the advent of
Captain Dougherty, who had discarded his
summer suit, tan-coored shoes and light
straw hat, and appeared in a suit of black,
winch did not contrast so glarlngly with the
highly ornamental uniforms OF the officers
III the court.
The Judge Advocate, Major Hunter, oc-
cupled an hour in reading his account of the
proceedings of the previous day, alter
which Captain Dougherty, the counsel for
the accused, called Charles +. Adams,
D0ok-keeper. residing at 1910 Hyde street.
Adams testified that he was in the Yosemite
Valley on June 18th and 10TH" and saw
Lieutenant Dean on both days, and could
testify that Dean was not drunk on those
occasions.
FAVORABLE FOR DEAN.
In response to questions from the Judge
AdYo cate he stated that he did not see Dean
at either the Baxter House or at Mirror
Lake. Adams had stopped with Dean at
the latter's camp ali night on June 10th.
please take the stand, Lieutenant Dean"
said Captain Dougherty, and Instantly the
whole court grew interested, papers and
pencils being dropped as the tall form of
Dean appeared in front OF the court; After
nervousiy lingering with the gold lacing
fore the Judge Advocate. There
was more than the usual sOlemnity of man
ner and voice in Major Hunter as he admin
lstered the oath to the accused, his last
words, 80 help you God" being pro-
nounced with dramatic intensity. From the
grave character of these initial proceedings,
the keen attention CT all the members of the
court, the solemn port OF the Judge Advo-
cate, the evident nervousness OF the witness
and the serious demeanor Of his counsel,
everybody expected that Lieutenant Dean
would tell "the strange, eventfu1 history"
OF his hairbreath escapes and advt INJURIES
by flood and field in his Yosemite Valley
campaign against John BarleycorD and his
long-necked cohorts in the Baxter House
Dar-roonl.
DISAPPOINTED EXPECT ATOMS.
Never were expectations SO completely
unfounded, and never was disappointment
more clearly manifested. There was no
thrilling history, no narrative of martial eX-
plots, no graphic description OF any of the
memorable events on the Lieutenants
famous trip. Captain Dougherty placed
paper in the witness hands and asked him
if IL the q n N " the II 20
OF his commanding officer, Captain Wood
Dean replied that it was Captain Wood
instructions, and stated that lie had obeyed
them with one exception, and excused him.
self for this on account of severe rain
storm. THAT is ALL" said Captain Dough-
erly. Everybody looked surprised.
We'll, Lieutenant Dean" began the
Judge Advocate-and the failing interest re-
vived as Major Hunter carefully couched his
words-"were those all the instructions
given you by Captain Wood?"
" He also gave Inc general instruction"
replied the witness.
The next question was on everyb0dy'S
lips, What were those instructionS" but
1t was not asked
That is ALL" replied the Judge Advo-
cate, with his eyes fixed on the ceiling, and
everybody was again surprised
ANY questions hv the court?" feebly
asked the presiding officer.
Each member looked at the other inqGir-
ingly, but none seemed willing TO set the
bail rolling IN Il dangerous direction.
The witness was excused.
THE CASE CLOSED.
Captain Dougher;y here announced that
this closed the case for the defense. He had
been unable to secure two important wit
nesses, one of whom he could not lind, and
the other being out of the State.
How about that letter you were going to
introduce, from one Crump" asked Major
Zalinski innocently.
Letter? What letter? Oh, yes" re-
piled the gallant Captain with more than
the suspicion of a grin on his rather iolly.
round, d face. You see, we have concluded
not to offer the letter in evidence, as it is
not sworn to, you know, and you would not
allow it ill.,"
"Ohr' was the reply, accompanied by a
comprehending smile.
This was the letter of one Crump of New
York to Dean in which the writer states
that he would swear the Lieutenant was
conscious" when in his company at the
Baxter House. Deans counsel thought it tn e
best policy not TO introduce such dubious
description Of Deans sobriety.
Both sides resting their case, nothing re-
manned but to hear argument. Captain
Dougherty asked for time TO look over the
record, and the court adjourned until this
morning.
EXECUTIVE SESSION.
The Judge Advocate stated that he would
take up but little time in arguing, as he pre-
ferred to let the facts speak for themselves
Deans counsel also said that his argument
would not be long.
As soon as the arguments are concluded
this morning the remainder of the session
Will be executive. General Ruger will re-
view the labors of the court, and give the
final decision, after which it will be issued
in orders.
Should the court find Dean guilty on the
charge of being drunk while on duty. the
penalty is dismissal from the service. In
that event the findings of the court must be
transmitted TO the President of the United
States. Under the statutes he is the only
one who. in time of peace, can dismiss from
the army Ii commissioned officer.
PROBABLE OUTCOME.
1t is not probable that Dean will meet
with such fate, the general impression be-
Ing that he will escape with reprimand
from the department commander
The officers who constitute the court are
all highly sensitive men, with generous in
clinations, and it would require very
severe case, based on the strongest affirma-
tive testimony, before they would resort o
such harsh measure on one of their own
rank. Dean has produced witnesses enough
to justify doubt about his absolute intoXi-
cation, and the belief is that the court will
take middle course.