The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-31

tn. Third Days Session was interes""k
md the Defense Made s'"o""rn' WI"
ming FIght-Tho witnesses.

,.,... Made a stubborn, VIA
ming FIght-The witnesses.
commander James y. Graham's counsel a.
Tho naval court-martial yesterday made a
s,ro,g stpbborn winning fight The prose-
cution wished two witnesses 70 tell whA' 'ne
! Commander is alleged TO have agreed TO 90 III
the agreement between him and Ohyer' Du'
the defense held that the witnesses. Cozs~aln
Oliver and Pay-Yeoman Davidson, could NOT
tell the contents Of the paper for they ala not
read it. II was read 10 them. o.oo
The third session Of the court began al HoO
o'clock in Room IL Of the custOin-lou3o
Commodore Greer presided and al o. 'no
officers comprising the court were presen'
Proceedings were commenced by Lieutenun'
Lauchheime- reading letter from the oeu. 9
tarv of the Navy, which designated Lleute-
uant = & Temlv as the associate 20 the
Judge Advocate He was present and was
introduced 10 the court. The record OF lues-
day was read aloud by the Judge Advocate
and approved.
Mills Oliver. coxsvain. was recalled a.
witness. and counsel for the accused. repre-
scented by Captain Parker, stated that he de-
sired 10 strike out from Mills DIVERS tes-
timOuy that portion which contains con-
versation between Mate Fuller and Oliver in
reference 70 the withdrawing Of the a.
legged agreement
Commodore Greer: The decision Of the
Court is that the objection IS not sustained.
CAPTAIN Parker: We wish noted most re-
spectful exception to the ruling, which was
done 10y Stenographer Woods.
C0xswain Oliver then began his testimony
telling of the letter he had written about the
conduct of Commander Graham.
Captain Parker: ! obJecI to that answer
and any further testimony about the letter
until the letter is produced.
Lieutenant Lemly: The counsel should be
more definite in his objection. What are his
reasOns
Captain Parker began arguing his side Of
the case. and Lieutenant, Lemly stood near
him. The Associate Judge Advocate upright
position seemed 20 nettle the valiant Captain.
and he remarked that be would only continue
10 argue when Lieutenant Lemly had seated
himself.
MIGHT STAND OK his HAD.
President Greer. You are anticipating
Lieutenant Lemy lie il not going % inter-
rupt you. As tar IS standing, he can stand
on his feet II he wants 10, or on his head TOR
that matter.
The objection was oyerruled, and Oliver
again began 10 testify about the letter, telling
how he had destroyed It.
Captain Parker Immediately objected to
Oliver test.ying about the letter. which the
witness stated had been destroyed. The cOun-
sci argued that such testimony was not id
Missile and was unheard OF in his many
years of practice.
The court was cleared for celebrations and
when it reopened Commodore Greer stated
that the objection had been sustained. COun-
SCI for the defense looked pleased
Lieutenant Lauchheimer what became Of
the agreement
Oliver 1t was put in an envelope.
Captain Parker. 1 object to that question
and answer.
President Greer. The objection is sus-
tanned
Lieutenant Lemly. Describe the envelope
containing the agreement.
Oliver twas abou. 700. long and three
inches wide.
Lieutenant Lemlv: Do you know what
were the contents of the envelope?
Captain Parker we object 10 that test
mony." and Colonel L v. Meredith argued
that the court having decided that the con-
tents of the letter having been ruled out the
witness could not tell about the letter before
OF after it was burned that if the whole
loaf hat been decided lnadmissIble surely he
could see why the crumbs We're admitted.
Lieutenant Lemly argued that he was ask
ing tho witness about a certain paper within
the knowledge of Oliver and that such evi-
dence was admissible. That he was not al
tempting nor did he intend % attempt 10
make Oliver testify as 20 the contents OF the
letter.
The Court conferred q few moments and
sustained the objection Of the accused An
other victory for the defense.
Lieutenant Lemly State 10 the Court how
You proceeded to burn the envelope and its
contents.
Captain Parker. We object.
President Greer: The objection is not sus-
tanned.
Captain Parker: We wish an exception
noted.
Lieutenant Lemly: Did you make any
change in the envelope or open it or change
its contents
Counsel for the defense objected and Colo
mel Meredith made a well-ponted and quite
lengthy speech. arguing IN fOrclble manner
his side of the case. He was followed by Col
Onel Stern. who read the law on the subject
Captain Parker then spoke against such tes-
timony being admitted.
After five minutes celebration Commodore
Greer announced that the objection was not
sustained.
In answer to the question Oliver said: Il
think mott
Lieutenant Lemly Why did you burn this
envelope,
Captain Parker We object on the grounds
that tine prosecution have no right 20 use the
impressions # the mind of the witness We
do not want his opinion.
The Court took the matter into considera-
ton and cleared the room. When the court
reopeued + esident Greer stated that the OBJ
lection If the defense had not been sustained.
Oliver. continuing. said: | burnt the enyel-
ope because ! saw no reason for keeping il.
Lieutenant Lemly: Was anything written
on the eveiOpe.
Captain Parker We object
Lieutenant Lemley. We withdraw the Ques-
ton. the witness not being able 10 read or
write.
Oliver: Yes there was writing on the back
Qrontl running fore and aft horizontally.
Lieutenant Lemiy: Can you read and write?
Oliver. No. sir.
RECESS
The prosecution then announced they had
no further questions TO ask the witness and
the court took a recess for lunch at 1915
o'clock.
Atl.I5 o'clock the court reassembled. and
the attorneys for the defense began the cross
examination.
Oliver testified in the cross-examination
that he was the same Mills Oliver who had
once lived IN suffolk. Yes / WAS court-mar-
tailed ut Norfolk. The defense here ended
with the witness. and. in answer % a question