The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1891-07-11
DEANS TRIAL OVER.
Captain Dougherty's Argument
for the Prisoner.
a Soldiers View Of sobriety-Eloquent Pc
RODS Of the Military Blackstone.
The Case Closed.

More than the usual number Of visiting
officers in full-dress uniforms were to be
seen yesterday morning at the Dean court
martial at the Presidio. The reason for
the extra large gathering was the fact that
the gallant Captain Dougherty was about
to deliver the speech of his life in de fen SO
of his client, and the prospects of a brilliant
military Grafton delivered by the large
lunged Captain proved very attractive
card.
After the court-mariial had opened and
the record of the previous day had been
read. Judge-Advocate Hunter asked per-
mission on behalf of the defense to reopen
the case and introduce another witness who
had been found. The request was granted,
and Colonel Thomas u. Madden of the
Yosemite Commission was placed on the
stand. He testified that he met Lieutenant
Dean on the afternoon of June 10th last in
the Yosemite Valley, near the Stoneman
House, and at the time Dean was not drunk.
He did not see the Lieutenant at any other
time that day.
Gentlemen, we are ready for argument"
said the President of the Court.
The Judge Advocate has the floor"
said Captain Duugherty. But Major Hunter
waived his right of opening. and said he
would only reply to what counsel for the
defense might say.
ARGUMENT FOR THE DEFENSE.
Captain Dougherty then arose, his face
baam'Dg as IL he were about to congratulate
his best friend on falling heir to an unex-
pected fortune. His face not only shone,
but his clothes daZzled the sight more than
Tue gorgeous uniforms of the gold-laced
officers. He cleaned like summers sun
| shine in light-tlnted tOuris. suit, while the
| spring of his drab pantaloons but partly
covered pair Of tan-cOlored shoes.
The interest of the court and spectators
reached fever height as tue light-clad Cap
| tain cleared his throat, and after swelling
| his broad chest began his 0Tati0n with u
| grandiloQueut sentence and Websterean
| flourish of his new straw hat barome-
| ter could have registered the difference in
| the atmosphere caused by the suppressed
feelings OF excitement Alas, for the forensic
reputation of the gallant Captain. That
| hrst grand sentence was too mighty line
| even for his tremendous lungs, but less ire
mend0us memory. His graceful hand had no
sooner completed the circle Gf a WebSterean
gesture than it sought the pocket of the Cap
tain's summer coat and brought forth the
manuscript OF the speech he intended to de-
liver, and whose language he had Cal efully
prepared.
In consequence the interest subsidized. 1t
is said by those defending the oratorical
dragon, that he read his speech, because
his natural tendency to split the ears of
the groundlings" with his singular ability 10
marshal majestic language as he does a
troop of horse, might have led him into
fields not to the interest of his client
a CURB TO FLIGHTS OF oRATeRY.
Captain Dougherty seemed to feel the
effect of his reading instead of speak ing
and for once his beamlng smile left his
genial face. After stating that the trial had
been as fair as it could have possibly been,
and relating the circumstances under which
Lieutenant Dean had been ordered to the
IN Natt Nv IL rinr nfs. Io
speaker said:
l think it is reasonable to expect on
such an occasion some relaxation of the
rigid obseryances that are Indispensable on
more stern and responsible duty, and think
1t may be presumed that Lieutenant Dean
partook OF this feeling of relaxation. The
only witnesses who declare Lieutenant
Dean was drunk were Sergeant Zslier and
Buger Harris. Both say he was drunk
when he returned TO the camp from Bar
nard,s Hotel. and on the following morning
at Mirror Lake, but Mr.. Barnard swears
that he was not drunk when he left bis
house soon after midnight on the 9th, and
Mr.. Bee, who met and talked with him at
the lake, denies that he was drunk in the
morning. Harris also says that he was
drunk at Vernal Falls, ON the way up to
Bakers place, bat If the circum instances he
relates about the Lieutenant at that place
are true ii is evident enough that he was
mistaken in his belief. Both men swear
Iiidt Ue WAS uIuDk AZ DaAttI S--tIle casa
Neyada-between 10 and IL o'clock, while
Baxter and Kintch, who appear to have had
more intimate association with him than
they, declare that he was not drunk, though
they think he was under the influence of
liquor"
OPPOSITE sTANIPoINTs.
ut is evident that the soldiers have one
standard as a test for intoxicatIon and the
civilians mother, and that the standard of a
soldier is fixed at the degree of exhilaration
that may result from one or two drinks of
liquor"
There was a good deal of eye-staring at
this remarkable distinction, even when
made by such well-known latitudinariau
as the speaker, but no one thought of Ques-
tioning Captain Dougherty's high estimate
of Preside soldiers principles OF sobriety.
Some, however, smiled as If they knew of
instances where bottle was no more than
thImbletul to full-fedged Fifth Ar
tillery trooper.
II, seems absurd" continued the trooper,
that Dean or any officer, not a total alb
staner, would make the trip he made that
day to the Casa Nevada and back, for the
first time, meeting the people he met, and
under the circumstances, without feeling in
clined or without being induced to drink
perhaps several times. And | think that it
Is equally absurd to maintain the theory Of
drunkenness in the absence of such facts
and conduct as Invariably characterize in
toxication, and In the face of abundant
proof of his gentlemanly department toward
and amicaoe relations with those he met,
while going and returning"
The firing of the pistol is the single disor-
DERBY act that can be alleged and maintained
against him. He admits this, and he can
not expect any defense from me of it, for
while am here as his friend and counsel,
| am not mere to sustain him in an attitude
of defiance toward order and discipline. l
only ask that the punishment be made to
fiji tue crime and no more"
CLOSING INCIDENTS.
Captain Dougherty concluded by thank
Ing the court and the Judge Advocate for
their fairness in the case.
Major Hunter, as the Judge Advocate,
replied briefly to Captain Dougherty, and
stated that, according to military law, there
we're no distinctions of different kinds OF
intoXicaton. The Thrty-eighth Article of
War had been passed 10 keep high stand
ara in the army, and by drunkenness it
meant when a soldier or officer was in-
capacitated from performing his duties in Il
proper manner.
Major Hunter did not! 90 into the evil
dene, and concluded by stating that
nothing that he could say would affect the
decision Of the court, which he knew would
be jast and impartial and in strict accord
ance With the testimony offered.
The court was then cleared Of all specta-
tors, and after several hours the findings
wer' prepared These will e sent To the
de9artment commander, General Ruge !, for
review
1t will be some time yet before Lieutenant
Dean Will know his tate, as the findings
Will be kept with great secrecy. At present
he is under arrest at the Pres IJiO and csunDt