The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-07
TRIALOF COL. HAINES.
The Accused Holds That Court
Has No Jurisdiction.
TWO MEN DROWNED IN FRASER.
October Exports From Puget Sound the
Largest I'm ANY Month Ever Known
Three Miners Blasted.

OIYxprA, Nov 6-fspecial 1.-The Haines
eourtrnartial held It's forenoon session today
behind closed doors for the consideration OF
challenge OF the defense 10 Colonel Pike, one OF
the Judges, based on the ground that he has
personal interest In the outcome OF the trial. as
In case Colonel HaInes should be dismissed
from the service under a verdict OF guilty Col
onel Pike would become next In rank to the
brigsdier general and entitled 70 take command
in the aeld in case OF the disability Of General
Curry. The defense commended that 1t Is the
euston in courtmart cases 70 relieve
officers situated like Colonel Pike II II would
not reduce the number of judges below the
legal minimum membership, which in this
stateis Ave. The objection was also made 70
Colonel Pike that he had expressed an opinion
unfayorable 70 the accused. After lengthy
argument OF the question, In which Winthrop
and other authorities on military law were
quoted, Colonel Pike, Colonel Haines and his
attorney and the judge-advocate were excluded
from the courtroom, while the remaining six
Judges consulted In secret. They decided that
the objection TO Colonel Pike was not sound and
oyerruled the challenge, after which the email
Icuged colonel resumed his seat. In chalieng-
ing Colonel Pike, Lieutenant Gorham, for the
defense, complained that he had not been
given an opportunity TO object 10 any members
OF the court before they were sworn in.
II was discovered, however, that the judges took
wrong oath yesterday, as the form prescribed
BY the articlesof war had been used, instead OF
that contained in the rules and regulations OF
the National Guard, and they were accordingly
sworn again.
The afternoon session was open 10 the public,
and was attended BY an audience smaller than
that of yesterday. Some time was spent in de-
termining what the record OF the proceedings
shall contain. After the disposal OF the ques-
ton Colonel Haines was arraigned. He arose
and remained standing while the charges and
specifications were read to him by Judge-Advo-
cate Merriam a. follows:
Charge l-Conduct unbecoming an officer and
o gentleman, in violation OF the sixty-first
article OF war. Specification THAT he, John
q. Haines, colonel commanding the First In.
fantfy regiment, First brigade, National Guard
Of Washington, did, on the evening OF Saturday,
september 10, 1891, use foul ana abusive
dier-Gensral X, G. 0Brien, adiutant general Of
the state Of Washington, BY then and there call
Ing the said superior officer "a ruhian" and "a
coward aud other scurrilous names without
while conversing with said superior officer upon
military subjects, and in the presence OF Cap
B.. First, cavalry, battalion, First ori-
and & L Ford. specification THAT John c.
Hafnes, colonel commanding the First Infantry
regiment, First brigade, n &. w, did in adj
dftion TO the said abusive language then and
there used against said superior officer, alleged
in the first specification hereof, strike said
superior officer, and further continued the use
OF opprobrous epithets This at Olympia, on
I
John C. Haines being then and there in CONVEX
eation With said superior officer upon military
topics and in the presence OF the persons above
named.
Charge 2-Conduct to the prejudice of good
order aud military discipline. Specification l.
In this that he, John G. Haines. colonel com
manding the First infantry regiment, First
brigade, N g. w., did, on the evening of satur-
day. September 10, 1891, I'm public place, In the
presence Of divers persons conduct himself in
Officer, to-wit: Brgadier- General r. q. O'Brien
adiutant general of the state of Washington, by
then and there using the language set out in the
FIRST specification to the first charge of
cheese charges and specifications, and did
then and there strike said superior officer as
charged In the second specification OF the first
charge herein, and continued the further use of
opprobrious epithets. This at Olympia, Wash,
on the 18th day of September, 1891, said Colonel
John G. Haines being then and there in CONVEX
sation with said superior officer upon military
topics, and in the presence of the persons above
named aud other persons
Major and Assistant Adjutant General
At the conclusion of the reading Lieutenant
Gorham stated that q true copy of the charges
and specifications had not been served on the
accused, a. the name Of one OF the witnesses,
Arthur Empey, Endorsed on the original, was
not found upon the copy. The effect OF the
variance was discussed. The defense asserted
Its willingness TO proceed upon the copy which
had been served, but not upon the original as
read. Colonel Stout said that the name of the
witness Empey had evidently been added to the
list after the service of the copy, and that IL
could be rejected as surplusage, and Colonel
Clark suggested that the name be stricken from
Che charges. Judge-Advocate Merriman an
nounced that he would regard the name as
stricken out, but would reserve the right TO call
the witness on showing the materiality OF his
testimony. Gorham insisted that the record
should show that the accused had not been
served with true copy of the charges The
statement 20 be placed in the record will DO
agreed upon at session which will DO held for
the purpose OF perfecting the record OF the pre-
ltminary proceedings.
Colonel Halnes was then directed 10 plead 10
Che FIRST specification, but his counsel responded
for him, saying: AT this stage of the proceed
tngs We desire 10 enter plea 10 the jurisdiction
Of this court" Lieutenant Gorham then pro-
escded TO read special plea to the jurisdiction
OF the court, as follows:
That the accused neither as colonel of the
girst regiment infantry, First brigade, National
Guard OF Washington, nor as a citizen of the
state oil Washington engaged in the practice of
his profession rs an attorney at law is subject
70 or governed by the sixty-frst article of war
The articles OF war not having been adopted hy
congress a. law governing the militia, except
when In the actual service OF the United states
and not having been adopted by the constitution
OF the state OF Washington, or embodied in any
OF she statutes OF said state, OF adopted by any
authority under the statute as a law governing
the National Guard of Washington.
That the accused was not smenable TO mill
VARY law At the time ana place the acts in said
specineations complained of are alleged 10 have
been committed by him-and no allegation is
msde in said specifications that the accused was
under military orders or in the performance or
execution OF any military duty whatsoever at
said time and place.
That the acts alleged I'm said charges and sneci
ncatlons 10 have been committed by said ac-
cusea DO not constitute an ofense against the
military statute of the state OF Washington or
sga.nst any provisions, rules or regulations pre-
scrlbed by virtue or under the authority of the
statutes OF the state of WASHINGTON
mat court martial convened under the an
thoFity OF section 50 of an act OF the legislatures
approved March ~, $780, entitled "An act To pro-
VIDE Tor the oresptEstlou, maintenance and dis
cipl.ne OF TIE militia OF the state OF Washing
ton, cannot proceed with the trial OF anv officer
or enlisted man Of the National t4uar,t of
Washington until the military board established
under sSiu Rcts shall provide for such courts
niethod OF procedure conforming 70 the reeflla-
hons. Articles OF War, ami practice for the GOV
srnment oi tue army OF the United states, as
required oy the terms Of said section 80.
Lieutenant Gorham followed the PIES with an
elaborate argument in support OF the points
made, At the conclusion Of which the court sa-
tourned until tomorrow morning at ESQ. at
which hour the !udge-sdvocate will reply. The
court today indicated that 10 would hereafter sit
cniy about four hours daily, so that It's reporter
might keep the record closely written IN.
TACOMA, Nov 6-lspeeial l-CieorEe P. Ihrie.
o. THIS city, who WAS on General Grants stat.
calls the conrs-martisl OF Colonel HaInes ,.the
most supergorgeous military farce ever known
In history-aneient or modern"
TWO DROWNED FROM CANOE.