The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-30
TRIAL OF CAPT. GRAHAM.
,rocuuDINe or counr-xAnrrAn.
tntersssinc Session Of the United States
naval Court Now Sitting In the Custom
Uousc-NItnesses.

commander James ID. Graham met at $50
',-oek Yesterday morning at Room "a at tho
house A. soon as the court opened
,,.r,ajn Montgomery Sicard was recognized
member Of the court. and Commander
c-shara was asked if he had any objections TO
,.~ CAPTAIN Graham replied in the mega
49,. and Captain Sicara was sworn in. Judge
,sv,,atc Iaachheimer then read aloud tho
.,,,rd q Monday The defense presented
rs, OF the witnesses to be summoned 10y them
s,s,hnonas could be issued
iuigc Advocate. Commander Graham, are
,,s ready 10 present your plesdings.
COMMANDER Graham Yes sir.
The charges were then read by tho Judge
,fv.cate which specify that Commander
E-.ham did not wear the badge of mourning
l.- Admiral Porter the whole time for which
+ was ordered. that the Commander used
o4cnslyc language IN reference 20 Admiral
Torter that the log book IN reference 10 Ad-
~,rsi portCr's death Was interlinod much to
,lo disgrace Of the navy: that Commander
Graham denied the charge that he had used
l0elsive. language, knowing that denial 10
b. .alse to the disgrace and scandal Of the
navy. that be cursed and abused Equipment
Woman Fife. that he cursed and abused
ColsWain Oliver contrary 10 good order and
l.se.phne.n that he offered aud did apOlgise 10
N.ulVlNnk lenIAh flFc 10 the lTcJAllco OF
GOOD order In the navy: that the commander
repeatedly apologised 70 Oliver to the preiu-
d.oeot good order and discipine;t that he wrote
o letter of suggestions 10 Woman Fife. that
ha signed m agreement which was 20 Affect
lis conduct towards Mills Oliver. coxswain.
THROUGH COUNSEL.
As soon as the charges had been read Com
rruter Graham stated he wished 10 plead
through his counsel. and Captain Parker be-
can as follows.
Inc accused alleges that he did .not-.Just
sttlis point the court was ordered 10 be
cleared and remained in closed session Tor
shout fifteen minutes. When u reOpened the
PRESIDENT stated that the accused could only
reply guilty OF ''not guilty TO the specl-
festions. The accused then asked permls..
s0a 20 append % the record the special
rleadings prepared by the court.
The court was again cleared and for twenty
minutes were in closed session. When the
court reopened Judge Advocate LAUGH
beimer stated that the court would allow
Commander Graham or his Counsel to pre-
sent and read the special pleadlngs
The accused and bis counsel then arose.
and Captain Parker read the pleadings aloud
IN the court. To each specification the ac-
crsed pleaded not guilty and made certain
allegations IN defense. which were spread on
.he record
The president then stated that the accused
and specifications rs 10 whether he was guilty
or not. and the questions were asked by the
Judge Advocate Commander Graham arose
and replied not guilty" to each charge and
specification.
Counsel for the accused submitted re
spectiul protest" 70 the rearraiening of the
accused. which was objected 10 by the Judge
Advocate. Captain Parker then read authori-
ties 70 support his arguments. The Judge Ad-
v0cates objection was sustained.
THE PROCEEDINGS
Judge Advocate Lauchheimer then stated
that the prosecution was ready TO begin. and
read general order from the Navy Depart
ment in reference to the death of the late Ad-
miral David Is. Porter.
CAPTAIN Parker had noted on the record an
objection 20 the general order Icing intro
lnced. arguing that the order did not CORE
spOnd 10 the charge and specifications rela-
tive % the wearing of the mourning.
Passed Assistant Surgeon George i. Lums-
den was the first witness called. ana gave tes-
tm0ny relative 10 the wearing of the badge Of
mourning by Commander Graham.
During the questioning of the witnesses the
judge Advocate asked Or. LuInsden lead
ding QUESTION IL was objected TO by counsel.
Lieutenant Lauchheimer admitted that 1t
was leading question and began to give his
reasons for so admitting.
CAPTAIN Parker. We withdraw our oblec-
-
Lieutenant Lauchheimer: One moment.
allow ME to state why i admit the fact, and
do not interrupt me until state my reasons
80 tie court. 800
He then read from winthrop on Military
law" aud Best on Evidence which argued
lis side Of the case.
Tie objection. after delightful little tilt
which was highly but silently enjoyed by the
many spectators was Overrued. and the
Judge Advocate continued to question the
witness bringing ont the same testimony about
Oliver as was adduced al the court of inquiry.
Talk slower said Captain Parker. 30
that the stem ographer can take It down."
"Ilsase contne yourself 10 your side OF the
case said Lieutenant Lauchheimer, i am
amply able TO take care OF the record OF TINS
case and earnestly protest against your inter
ference"
tle accused cOnhne themselves solely with
tie defense.
THE PORTER ORDER.
DIR. Lumsden told of the general muster, at
which time the order relative TO the death of
Admiral Porter was read. How Commander
Graham when he gave orders in reference 10
tie badge of mourning said that some one mao
referred charges against him Tor not wearing
Have you not shown luminosity TO Com
mander Graham asked the counsel TOR the
no. said Surgeon Lumsden.
DO YOU speak 10 Commander Graham ex-
copt officially asked Colonel Stern.
think not. SIT.
Have you not had official difficulties with
Commander Graham since the alleged con-
vtrsatiOn about Porter
cannot say that / have had any official
difficulties. / do not understand what you
mean by the word difficulty.
Don't you know what the word difficulty
means
es. SIT.
Well. then. what does it mean
A member OF the court at this point OBJ
.ected 10 the question.
Captain Parker argued to the court that II
Ur Lumsden could not define the word
difficulty hs was not an intelligent or capa-
Die witness for the court.
The objection was withdrawn
The witness said: There are various KIND
Of difficulties 10 might be disagreement,
or "a TOW. or a fight
Can't You say whether you had or not nae
difficulties with Commander Graham
] think the difficulties We're OF socla
nature. Officially, / have always submitted
90 what Commander Graham SAID.
Hava you ever been reprlmanded, sus-
pended OF been reported to the Department
by Commander Graham asked the judge
Advocated in tcross. examining the witness
OF the testimony adduced by the defense.
DO NOT know that Won would consider IL