Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-03-30
PLEADS NOT GUILTY.
COMMANDER GRAHAM PRESENTS A
PAPER IN HIS DEFENCE.
Matter and the Agreement-The
Counsel Have Much Trouble.

Personal friends Of the accused and
of the proceedings filed the DIstrict-Court
room at the custom-house TO overf1owing
yesterday morning, when the second day
OF tho Graham court martial began. Many
prominent lawyers occupied the first row
of seats beyond the railing, and behind
them were scores OF influential citizens OF
various classes. Outside the courtroom.
IN gruesome hallway, sat the witnesses.
The tribunal assembled promptly at $3.50
O'Clock, eli officers aud members beng
present. Mr.. Charles V. Meredith ap-
peared asassociate counsel for the accused.
After the preliminary work incident to the
opening of the court Captain Parker an
Dounced that the accused would ike TO
enter plea, which was submitted. Inc
room was cleared in order that the paper
could be considered by the court. When
the room was thrown open to the specta-
tors the Judge Advocate stated that Com
mander Graham would be permitted TO
present his plea. The paper was at this
juncture read aloud. IL took up each
charge and specification and pleaded that
the defendant was not guilty IN single
instance, attempting TO set forth wherein
the accused had not committed the
breaches of discipline charged against
him.
The court, through its president. an
nounced to the accused that his plea was
an invalid one. The Judge Advocate then
enumerated the charges and specifications,
TO each of which Commander Graham
pleaded not guilty.
OBJECTED TO THE REARRnGSMENT.
Captain Parker here stated that the &C.
cused would like TO present his respectful
objection 10 his rearraignment before the
court. and asked that this fact be record
ed with the proceedings. A legal wrangle
| ensued. as the Judge Advocate objected
TO the granting Of the desire OF the ac-
cused. which objection was eventually
overruled by the court.
After u few other matters of minor i'm
portance had been disposed Of. the Judge
Advocate announced that the prosecution
WAS ready to begin with the trial. and the
counsel for the accused signifed their
readiness to proceed.
THE FIRST WITNESS.
Passed Assistant Surgeon George b.
Lumsden was the first witness called.
lie testified subs antiely rs follows: 81
used to come down 70 tho monitors on
the steam-.aunch each morning along In
February with Commander Graham. We
usually rode In the launch nom the moni-
tors, but one morning about February 14th we
River Improvement Mr.. G. ID. Langhorne was
present also, as well as the crew OF the
little boat. Commander Graham had a
paper I'm his hand and read out OF II
ths notice Of the death Of the late Admiral Por-
ter, 8no remarked that he was -
-, and that he hoped he would go 10 -.
Yes, sir | think was on board the monitors
Oh February II, 1891. / have an impression
that there was a general muster about that
time i think the notice OF Admiral Porters
death was read out at that time by Commander
Graham. ] never saw any Of the officers on the
ships with the mourning on until abou: April
9th. The Commander remarked AZ that time
that some one was about TO prefer charges
against him, or words to that effect. III any one
had worn the symbol OF respect prior to that
time think should probably have known IT,"
The witness was cross-questioned by the coun-
sci for the accused. He said ell officers wore the
mourning after that time The way In which he
fxe1 the date at about April 9th was that Passed
Assistant Engineer Taylor came on board the
ships February Both, and he put on the mourning
also. IL do not know whether or not Captain
Graham was the first 20 put on the badge 1es,
] took notice Of the language used by Commander
Graham and repeated II. cannot say that
am unfrendly TO Commander Grahan, az uid
not report him. No, sir: do not know that
ever showed animosity toward him by other
actions. never start conversation with the
Captain except orlcia1y.'
HAD SOCIAL DIFFICULTIES
"Have you not had official difriculties with me
since that alleged conversation On the steam
launcng" Z" asked the accused.
a. cannot say that have, sir" responded the
witness. "YOu have done some things that did
not ike, but have always submitted 10 you.
think II We have ever had any difficulties they
we're in a social way. / really cannot say 10
whom communicated the language OF the ex-
pressions used by you in regard to Admiral Por-
ter, but 1t TO some Of the officers OF the ships
when heard what you had said to them. l 90
not know that the statement made on board the
| launch was made 20 any one In particular. ihefe
woro two persons present"
| Or. Lumsden was re-examined by the Judge
| Advocate and asked II he had ever been sus-
| pended, placed under arrest, or reported 10 the
| department by Commander Graham. The re-
| ply was that the Commander did speak TO him
] upon one occasion, but that he did not consider
| II reprlmand.
LETTER ABOUT THE Lo6-B00K.
When the court reassembed after lunch tho
| Judge Advocate resd aloud and had appended
| TO the record a letter from tue Judge Advocate
| General in reference 20 the ships log mentioned
| in the specifications Of one of the charges. The
| paper slated that a certified copy Of the smooth
| log had been transmitted 70 the court.
Paymaster J. q. Lowell wa. sworn and testl-
| fed in connection 20 the wearing OF the MOURN
| ing for Admiral Porter about as DIR. Lunsden
| did. lie said Commander Graham had ordered
! him 10 wear the badge and subsequently called
1Ss a,leOl)DD 70 DE 3acl i)18l Do O0h DOL cDDo-
( olied with the order: that the Commander then
again repeated the order. -
| "I6s, | have seen Commander urahaln
wrtte," said Paymaster Loyeu IN response TO an
interrogation by the Judge Advocate. The wit
| ness was here handed the memorandum OF sug-
| eestions TO Equipment ye0man George W. flfe
! and alleged 10 have been written by Commander
! Graham and asked II he recognized the hand
vNtine. Hisreply was: al cannot say mat do,
| Sir"
| The witness was told TO look at the remarks
| IN the log under the GATE February u,
| 1891, and state In whose handwriting the
| interiineation was made. lie replied that he
| could not tell In answer TO query by the
Court Paymaster Lowell testified that III was
| some days after the reading OF the oruer apoul
the death o. Admiral Porter that tho CON-
| mander ordered that tho mourning be worn.
He stated that Captain Graham told him that
there had been sOme trouble IN regard 10 tue
| mourning and that IL would have 10 DO worn.
| The nature of this trouble. he said, was that
| some one had made complaint or comment
against the Commander.
| Coxswain Mills oliver was the next witness;
| His testimony was practically repetition OF
| what he stated while under examination before
the court OF inquiry, which was fully reported IN
| the DISPATCH. In the course OF the examination
OF oliver the Judge Advocate ana tae rsl counsel
| for the accused had numerous little differences
| 40 10 what questions we're Objectionable and
! what were not.
| DENIED THAT 1T WAS IN TIE SPECIFICATIONS.
In one instance the language OF the counsel In
| the case became 80 animated that tne presiuent
| ordered the speakers 10 address tnelr reinarks
| 10 the Court alone. The Judge AdVocate hau
| stated that certain things were referred 10 III
tbe spacincatons, and Captain Parker assured
| lieutenant Laucheimer that he was mistaken
| whereupon the latter arose and stated that ne
| couid not allow such a reflection TO Do made
upOn himself as the prosecuting attorney oil
| fhis court The question under consideration,
| which was one of little importance. was decided
In favor of the Judgo Advocate, ana Ior wnil,
matters proceeded harmoniously.
| Lieutenant Laucheimer asked the witness as
| m the orders he received ON the morning when II
| was alleged that Commander Graham used
abusive and proiane language 70 MN; oinvei
| sc,d m q story of the agreement alleged TO have
been signed by the Commander, In which the
latter promised not tocurse or maltreat the crew
and 10 do his best TO get detached from MS com
mand on February 10, 1892, provided oliver
,xould NOT forward q set OF charges which he hac
drawn up to the Navy Department
After testifying further upon points OF no gen
eral interest the witness was discharged Ior tns
80 = ,,~,. .,,,rf a3tourne1 until 93O O'Clock