Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-10-28
THE IAMS CASE.
The Jury Secured and the Trial Begun in
Pittsburg Yesterday.

PITTsBURG, October 27.-The case Of the
Commonwealth against Col. Alex. I, Haw-
kins, Lieutenant-Colonel j. B. r. Streeter
and Surgeon w. S. Grim, of the Tenth
regiment N G. P, was called in Criminal
Court at 10 80 o'clock this morning. Judge
Porter presided and Judges McClung and
Ewing sat on the bench with him.
This is the famous Iams case. On the
day Il. 9. Frick was shot, Private laHs,
Of the Tenth Regiment, which was sta
toned at Homestead, came out of his tent
and gave three cheers "for the man who
shot Frick" His remark was overheard
by Lieutenant Colonel Streater, and 1or
the offense Iams was first tied up by the
thumbs, and then his head shaved and
drummed out of camp. He then pre-
ferred charges against the officers OF the
regiment for assault and battery and ag-
gravated assault.
When the case was called this morning
the Court room was crowded with military
officers. The prosecution was represented
by +. p. Iams, an uncle of the plalntlh,
and j. 2. Watson, and the defendants oy
Edward Robbins and j. NJ. Buchanan, A.
S. Sprouts and ]. Nj. Braden. Young
Iams was present, and showed no i'll et-
fects of his treatment his hair having
grown long again, Attorney Sprouts made
motion to Quash the lndlct-
ments, claiming that under the
act Of April IS, 1887, providing Tor a
tribunal of the National Guard the Court
had no Jurisdiction. Judge Porter decided
to hear the testimony and reserve ms de-
cision on the question Of quashing the IN
dictments The work of choosing the jury
was then taken up, and after an hour the
twelve men were secured, after which the
Court overruled the motion to quash the
indictments, with leave to raise the ques-
tion during the trial, and an adjournment
was taken for dinner. OF the jury selected
three are farmers, one a clerk, one gen
tleman and seven wcfkingmen.
At the afternoon session there was an
increased number Of spectators present.
Attorney Robbins presented a special plea
asking that the indictments bequashed. A
lengthy argument between the opposing
counsel on the question of the COURTS 1ur-
indiction in the case followed, oothl sides
quoting various sections Of the constitution
and numerous statutes
According to Attorney Sprouts, the act OF
Congress of 1900, creating a naval code,
took the jurisdiction from the civil courts
and placed it entirely within the power OF
the court martial The act of 1877, he said,
created tribunal to which the plaintiff in
the case could have appealed for redress.
Judge Porter here asked If such court
martial could yet be held. 10 tnls Ine ue-
fense answered affimatively while the
plaintiff held a contrary opinion. Judge
Porter then said:
II want TO know if there can be court
martial now. There are two features
about this case that affect it very mate
rally. First, the justification OF the pun
ishment, if there was any, without court
martial, because of being in active service,
and second, whether the offense was one
within the jurisdiction Of this court"
The argument between counsel on these
points continued until t p. m., when court
adjourned until tomorrow.