The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-29

. oNA'SNN cohAoiAiJ esiO"hNs
"The audience must keep ORDER" he
said. "You are at liberty to witness
these proceedings, but audible comment
or any levity at attempted witticisms on
the part of the accused will not be toll
Grated"
But Hearn's face wore provokingly
placid smile, and the president. rapping
on the table with the hilt Of his sword,
called for silence and CURLY demanded
of the judge advocate that he proceed
with the case.
Not ten feet from where Mr.. Hearn
sat by his little table, wherein were his
memoranda and few books, Georgia
Marshall, with sparkling eyes and flushed
cheeks, bent and whispered to Mrs.
Lane:
"One for our SIDE"
And Mrs. Wharton, catching the eye
of some friends across the room, very
improperly tapped the back of her kid
covered thumb nails together in mute
applause. The press and the populace
might be with the prosecution, but it
was easy to see that there were loyal and
lavish hearts there stanch for the de-
tense.
The court lad not been authorized to
sit without regard to hours. Lawler
argued that in case of such widespread
interest the sessions should be held when
it would be most convenient for the
world at large to attend, and by adjourn
ing at 8 p. m, the conventional hour,
all good citizens would be able to get
home in abundance of time, secure in
the belief that nothing would transpire
before they could return to their post of
observation on the morrow. Nothing of
great consequence was accomplished on
the first day beyond the ceremony Of
swearing the court, which Lawler rem
dered as impressive as possible, the ad-
ministering of the judge advocates oath,
which Col. Grace ratified through in a
perfunctory style that robbed the legal
gentleman of the dramatic effect he had
contemplated, and the reading of the
charges and specifications, which were
breathlessly listened to by the throng
and most oratorically delivered by the
judge advocate. There was something
especially fine in the air with which he
turned and faced the soldierly young Of
ficer, who, in his trim fatigue uniform.
stood opposite to him at the table.
ITO the first specification of the first
charge, how say you, sir-guilty or not
guilty."
And, in the simplest way in the world,
the answer came in tones sufficiently
clear to be audible beyond the open win
dow:
"Not guilty"
And so to each and every specification
and to the charges of conduct unbecom.
ing an officer and gentleman, and of
conduct prejudicial to good order and
military discipline, Lieut. Hearn calmly
protested his entire innocence, and the
pleas were duly recorded.
Then Col. Lawler announced that in
view of the Importance and probable
length Of the case he desired the services
of a stenographer and requested the
authority Of the court to call one in.
The president looked perturbed; stenog-
raphers were expensive, and the last
court he was on had been raped over
the knuckles for employing one, al
though the record exceeded a hundred
and fifty pages in length.
Chow long will you need one, and
how soon can you get him here?' asked
Col Grace.
"Well, we can get through with the
case in a very short time with stenog-
rapher, but it will take q week at least
without one" He did not say. however,
that he had one alreadyin the room, in
the shape of newspaper man from
Chicago. Some of the court began te
consult among themselves.
''Make him write his own proceed
ings," whispered Col. Maitland to the
president. "By CAD, he was probably
the man that raped your court for EN-,
ploying one there at Omaha last month
Then he scrubbed line and tossed the
scrap Of paper over to Maj. Putnam Oh
the other side, and passed word down tc
Capt. Thorp, who had been judge advo
cate of the court in question. 1t was
evident the members thought thai
here was an admirable chance t.
"work" the judge advocate, thing sci
dom enjoyed; and at last old Grace
humming and having little, said thai
the court could not see the necessity, il
view of the remarks made by division
headquarters on recent case, and mus
for the present decline the request
Whereat Col. Lawler, in manifest il
humor, remarked that he could be safely
expected to say what would and wha
would not be approved by the division
commander, and that, if the court would
not order it, he would get the order by
telegraph.
call right" said the president, "ant
mean time we'll proceed without one.
suppose you are ready with your frs
witness, Mr.. Judge Advocate?'
eff the court insists, yes; but prefe
TO wait until hear from the telegram
which am now writing"
! eve had better go right ahead" sale
Col. Grace.
And so, amid profound silence, tn
name of the first witness was called, ant
with the eyes of the entire room upol
him, neatly dressed, clearly shaved, ant
looking his very best, Trooper Welsh
was ushered in from the outer gallery
was sworn impressively by Lawler, ant
was asked for his name, rank and regi
ment, and whether he knew the accused
The new correspondent of The Palladium
described the hasty glance which Welsh
cast at the lieutenant as one in which
"his glowing, dark eyes kindled witt
the pent up sense of the wrongs AM
humiliations heaped upon him by tn
officer in question:" Mai. KENYON, sit