Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-03-31
GOOD POINT SCORED.
OLIVER NOT ALLOWED TO GIVE THE
CONTENTS OF THAT AGREEMENT.
The Third Day of the Graham Courf-Mar-
tiAi-Lively spats Between Counsel
Davidson's Evidence.

The Graham court-martial met at the
usual hour yesterday morning, and was in
session until after o'clock in the after
noon. The proceedings were commenced
by Lieutenant Lauchheimer reading let
ter from the Secretary of the Navy. which
communication designated Lieutenant
Lemley as the associate to the Judge Advo-
cate and this gentleman was introduced
to the court. The record of Tuesday was
read aloud and approved.
Coxswain Mills oliver was recalled az a
witness and Captain Parker, for the ac
cused. asked that certain portions OF the
testimony given by Oliver on Tuesday be
stricken out. This called forth discussion
on the part Of counsel for the accused in
which Captain Parker was interrupted 10y
the rising of Associate-Judge-Adyoc
Lemley. The Captain asked the court II
he was to be interrupted IN such manner
by his adversary. The President inform
ed Captain Parker that the Associate
Judge Advocate had the right to stand on
the floor, or stand on his head if he chose
to do so.
GRYAT POINT PoR THE ACCUSED.
In Olliver's testimony reference was made
to the letter which he presented 10 Com
mander Graham, but the accused object
ed TO allowing the witness to give owl
dence concerning paper which he hln-
self bad destroyed. and which he cOuld
not read. The court was cleared ana
Commander Graham's objection was sus-
tanned. The Judge Advocate then en-
deavored TO ascertain, by interrogating the
witness. the contents OF the large enSe,
lope in which WAS said to have been placed
the copies OF the charges and the alleged
agreement, and which were burned at the
same time. Captain Parker objected TO
this for the accused. and argument ON the
point ensued, in which Mr. g. V. Meredith
made his first speech before the court.
His remarks were TO the point and very
forcible. The court ruled that the obJec-
ton of the accused should be sustained.
COULDN'T TELL WHY HE BURNED 1T.
The witness was then allowed TO pro-
ceed. He said the envelope which he re-
ceiyed from Davidson was sealed, and that
he burned il in the stove. When the W.T.
ness was asked why he burned the en-
velope the accused objected to the lnterro-
cation, the court was cleared. and the mat
ter decided against the defence. The Wit
ness then stated that he destroyed the pa
pers because he did not intend TO forward
them to the navy, and that they would DO
him no more good Reardon and David
son we're present when he burned the docu;
ments. said the witness. oliver stated
that he could not read or write. This closed
the direct examination OF TINS witness Dy
the prosecution. Court then took recess
tor dinner.
MIR. II. II. Steger was honored by the
Judge Advocate with seat inside the rail-
ing. -,
Among the spectators yesterday was Mr..
James ID. Prentiss, Commander Graham's g
accuser, who has been confined TO his
house with the grip for several days.
FELT NO ANIMosITY.
The afternoon session began at I15
o'clock with the cross-questioning ofOlllver
bv the accused. The witness stated that
he was the same Mills oliver wao former
ly lived III Suffolk He said in response to
n query by Colonel Stern, for the defence,
that he was once court-martialed by Com
mander Graham and served out his term OF
punishment, but that he bore no ammoslty
or i'll feeling toward the accused or any one
else connected with the court-martial
Paymaster's-} conan Davidson stated
that he placed the papers under question
In the Paymaster's safe, but afterward
gave them to Charles ReaTdon IN the pres
ence of Mills oliver and the Quartermas-
ter. They were then turned over to OIL
yer, and he put them III the stove. He
said the envelope was endorsed by him by
Commander Graham's direction.
DESTROYED THE BEST EVIDENCE.
The question as TO what the accused told
Davidson to write on the envelope caused
long disputes on the part OF counsel on
both sides. Captain Parker said the prose-
cution came here after having destroyed
the best evidence or what those papers
were and wanted to testify as TO their con-
tents. Mr.. Meredith took the ground that
III. -. OF gnnai
puiit. and asserted that the very evidence
gwen by the witness showed plainly that
there was O conspiracy; that DAVIDSON
stood Nv and saw oliver tear the envelope
in two and put it in the stove without ut
tering a word of objection. The room
was cleared of spectators and the objection
of the accused not sustained. The ques-
tion was then asked 10y the Associate
Judge Advocate, what did Commander
Graham direct you to endorse upon that
envelope?"
The words to be delivered to Com
mander Graham when he Is detached from
this command" replied the witness.
There was no change IN the endorsement
of this envelop while II was IN my charge,
continued Davidson. Il had some con-
versation later on about the document,
but | cannot recall the words used. Com.
mander Graham, after the destruction OF
these papers. asked if there was any danger
of any papers being brought against him at
the court OF inquiry, and | told hlm no,
that | had seen them burned myself. lie
then SAID that l ought not TO have told
him that"
what did this envelope contain "
asked the Judge Advocate.
To this the accused objected, but was
not sustained by the court.
TIE AGREEMENT AND CHARGES.
at contained an agreement and three
COMES of the charges | did not read the
agreement myself, but heard it read. /
did not read the charges. ! saw the sigma
ture of j. ID. Graham to the agreement. i
saw him sign it"
The anonymous memorandum OF sug-
pestions addressed 90 George w. Fife III
defence of Commander Graham was then
handed TO the witness for the purpose OF
Identification of the handwriting, but as
the accused openly referred 10 the fact that
the paper was admitted i'll the plea TO have
been written by Commander Graham II
was not necessary for Davidson 10 testify.
The Judge Advocate here introduced
the original log-bo of the monitors. lie
called attention to the remarks under
Tuesday. February IA. 1881, and asked the
witness if he recognized the chrography
in the interlineation concerning the
mourning provision in speaking OF orders
concerning the death OF the late Admiral
Porter. Before this question was
answered the accused admitted that the
writing referred to was his own.
The court, at this Juncture, adjourned
till $3.50 o'clock this morning.