The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-11-04
NEARING A VERDICT.
Taking of Testimony in the Strea-
tor Case Continued.
THE PUNISHMENT JUs-IEIABIE.

Oncers Say II Was Not Unreascn-
atle and Was Warranted by the
Fncts-The Arguments of Counsel
Begun.
PTTTsBURG. Nov. 4.-Charles Hatfield,
hospital nurse Of the Tenth regiment,
was the first witness in the lams case
yesterday He testified that lans had
said the hanging by the thumbs caused
no great pain. Edward Dougherty, OF
Company b, testified that Iams had
threatened to 'get even with Streator"
after he had been drummed out of camp.
Colonel Streator was recalled, but his
testimony was but Il repetition of pre-
viOus statements.
General G.. L. Fitzhugh was sworn and
reviewed his war experiences. He would
call the conduct of Private Iams insub-
ordination or mutiny, and the punish
ment inflicted on him 'mild for the of
fense," and under such conditions it was
usual for an officer to act on his own
Judgment, without regard to the regula-
tions or articles of war.
General Wiley Gecalled) would desig-
nate the offense as "mutinous sentence"
Witness said he thought the punishment
was not unreasonable. On cross-eXam-
ination witness said an officer has
authority to inflict summary punish
ment. There are cases." he said,
''when mutiny is imminent, an officer
might he justified in cutting man
down with his saber."
Colonel Norman NJ. Smith said he
would consider the offense charged to
lalns, under the conditions existing
mutiny emphatically mutiny. The pun
ishment meted out ho considered mild.
Major j. f. Denniston, city treasurer.
was called. He considered the offense
for which Ialns was disciplined high in
subordination. He further corroborated
the preceding witness as regards military
practices and usages.
Here the defense rested. The prosecu-
ton then commenced their evidence in
rebuttal. Ex-Private Iams, the proSecu-
tor, was recalled. He denied that he as
sisted in taking the ropes from his
thumbs when he was cut down. He
also denied that he had taken a canteen
from his coat after being cut down, or
that he made any remark about being
sorry he had taken the tobacco. He did
not swallow the tobacco.
The testimony closed with the exam
toned on minor points.
Mr. Buchanan then asked the court
to discharge the jury as to DR.. Grimm,
A discussion arose over the matter.
Judge Porter said when an enlisted man
or officer acts under the instructions of
superior officers he is protected unless he
used malice The evidence does not in
dictate that there was any malice on the
part of DIR. Grimm. So far as he is con-
cerned, it appears to the court that it is
a question to be determined whether he
acted under the instruction of his supe-
rior or not.
Senator Robbins, counsel for Colonel
A. l.. Hawkins, then requested to so in
struct the Jury on behalf of his client,
claiming that Colonel Hawkins was in no
manner subject to the charge Of assault
and battery beyond that he had re-
ported the fact Of the punishment of
Private Iams to his (HawkinsO superior
officer.
Mr.. Buchanan then submitted the
points on behalf of Dr. Grimm, claiming
his exemption from guilt on account of
his having acted only upon orders re-
ceived from his superior i'll rank.
After brief consultation among the
counsel for the defense, Mr.. Braden Of
fered the general points. covering the
Mlloit tdNt anu an vi lilt utItLtllllo,
Mr.. Braden, claimed that no evidence
had been offered, that the officers of the
National Guard were actuated by NAL
ice, ill will or revenge, and that the pun
ishment was inflicted upon Private lans
for no other purpose than Of maintain.
ing good order and military discipline.
Counsel for both sides held brief
consultation as to the arguments. Coun-
sci for the defense offered to submit the
case without argument, but Judge
Porter said the prosecution was not
bound TO agree to that. Attorney Iams
said the counsel for the commonwealth
preferred to address the jury.
The court then allotted each side an
hour and half.
Mr.. Braddock then spoke to tho jury
from to nearly 3 O'clock, when court
adjourned until this forenoon. when the
argument was resumed.