Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-04
GOING TO THE JURY.
ALI the Testimony Concluded
in the Case Brought by
Private Iams.
A HYPOTHETICAL QUERY
Submitted to Grizzled Veterans for
Their Consideration.
DIR. GRIMM SURE OF ACQUITTAL.
Judge rorter Will Charge That He Is Pro-
tected by His Orders.
TUf PAINTS RAISED RY THE DEFENSE
A HYPOTHETICAL QUERY
R. GRIMM SURE OF ACQUITTAL.
Judge rorter Will Charge That He Is Pro-
tected by His Orders.
THE POINTS RAISED By THE DEFENSE

tnere are some pretty relldule eishs ~'
they will make short work otit Dr. Grimm
is as good as acquitted, for Judge Porter said
Yesterday that he intended to say to the
Jury that he didn't see how they could con-
yict him under the evidence. With regard
to the two other defendants the Courts In
structions to the jury are likely to be favor
able and without attempting to assume the
jury's prerogatiye, an scquittal seems likely
to be the lot of Colonel Streator and Colonel
Hawkins.
The hearing yesterday was largely given
up to the interrogation of military experts
upon the question of the legality and rea-
sonableness of Iams' punishment The de-
tense got in all their evidence by 2 O'Clock,
and then a few minutes were consumed by
the Commonwealth In rebuttal. The pre-
sentation of points upon which the Court
was asked to instruct the jury took up an
other hour, and Mr.. Braddocks gobhled the
last hour Of the session for his speech in
Colonel Streator's behalf to the jury.
Drank Out Of the same Canteen.
The first witness called was Charles Hat
field, hospital nurse in the Tenth regi-
ment, who testified that Iams rested easily
while he was strung-up, and was none the
worse for it; so little upset indeed that he
was drinking beer from the same canteen
with witness shortly after being cut down.
Iams told him two days later that he wasn't
hurt at all, and had only the tobacco he
swallowed to blame for his sickness. Incl
dentally Iams had remarked that while he
bore no i'll will to Hawkins or Strestor he
would get even with General Snowden. A
vigorous cross-examination by Mr.. Iams
bored good many holes in Hatfeld's
story.
Gus A. Stoy, hospital steward. described
q call he had from lams in the forenoon of
July 90 Iams was carrying a beer keg and
invited Stoy to come up to his tent and get
drink Stoy demonstrated with him about
his conduct and Iams replied: 81 want
tour DAYS more in the guardhouse.
Private Doherty, William Berryhill and
Major W. w. Mowry's testimony was cor
roborative OF the defense's version of the
events, and DIR. Grimm, one of the de-
PENDANTS, briefly described executing the
orders given him BY his superior officer in
hanging up Iams The knots tied were
prescribed by DR.. Gross for reducing dis
located thumbs. Dr. Grimm's pleasant
face and candid manner were in accord with
his evidence
The Critical Situation at Homestead.
Colonels Hawkins and Streator were both
recalled to explain that they themselves
were well aware of the critical condition of
affairs in Homestead on July %. DR..
Ullum was recalled to repeat a remark he
made to Adjutant Hayes and others that if
he'd been Iams he would not have resorted
to law to be revenged upon Colonel Streator,
but would have filled his hip pockets with
firearms and gone cunning for him. He
explained that he referred to the humilia-
tion inflicted upon Iams, not the hanging
up.
Then the battalion of experts moved
upon the witness box. First came General
c. L. Fitzhugh, distinguished, debonair
and very decided in his views. Mr.
Sprowles elected from General Fitzhugh,
after much contention between counsel as
to admissability of such evidence, that
guided by his experience in the late war
and in service, he considered Iams' punish
ment was very light for an act of gross in
subordination, tending to mutiny In case
of an emergency an officer of the army had
to act without regard to regulations or ar
ticles of war If he kept q mutinous man
in the guardhouse tor four hours before
Furnishing him it would be all right Mr..
1ams cross examined the witness at some
length upon his knowledge Of military text
books and the articles OF war, but did not
change his testimony. General Wiley, an
other remarkably handsome soldier, fol-
lowed General Fttzhugh into the box, and
went through the same sort of mill.
General Wiley Approved the Sentence.
IF L.,
chiefly of Hypothetical case, many yards
long and about ten tons in weight, which
was carved out by the attorneys and the
Court, revealed the commander of the Sec
ond Brigade, n. G. P, as fully approving
his subordinates' action in Furnishing Iams.
He characterized Iams' offense as grave and
of mutinous tendency, for which fit pun
ishment was meted out As for the delay
of a few hours before inficting an ex-
emplary punishment, General Wiley
thought it might be all the better. The |
power of an officer in time of war to pun
ish summarily for offenses against good |
order and discipline was unquestionable.
Characterization only made General |
Wiley more positive in the expression of |
these views.
Colonel Norman Smith, of the Eighteenth |
Regiment, dalIied with the mammoth hypo- |
thetical case and declared with stern en- |
phasis that Iams' punishment was quite |
Slight, for ne had been guilty of mutiny. |
Colonel Smith held that an officer in the |
field had judicial as well as executive |
powers, and in time OF emergency could |
throw all the army regulations and articles /
of war to the winds. He denied having
told the counsel for the prosecution in the /
court room that he meant to give Iams h-ll |
when he got on the stand, and he defed Mr.
Iams to say under oath that he had used |
such language or had clapped his hands in
court the other day.
Major Denniston on the stand.
Major j. f. Denniston, City Treasurer
listened to the hypothetical question and
answered that Iams' utterance was highly
preiudical to good order and discipline and |
for less offenses men had in his experience
in the Army of the Potomac been punished
as Iams was. With this the defense rested.
Private Iams called in rebuttal denied
that he himself had taken the knot off one
of his thumbs after being cut down, as al
legged by Captain w. S. Brown. He denied
the witness Hatfeld's story about the can
teen of beer. He did not swallow tobacco.
He had not seen the incendiary circulars re-.
ferred to by witnesses Tor the prosecution.
He didn't carry q keg of beer about the
camp on July ~.
Sergeant Ludwig and Private Jacobs were
the last witnesses called by the prosecu-
zion. and their evidence didn't amount to
anything.
Counsel for the defense put in the next
hour showering briefs of points for instruc-
tion to the jury upon Judge Porter Mr.
BUCHANAN wanted the court to discharge
the jury in the case of Dr. Grimm, as the