New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-01-10
ENDING THE COURTM4RTIAL

SUMMING UP THE EvIDENCE-THE DECISION ~
BE SENT TO WASHINGTON.
At the opening of the Throckmorton court martial
yesterday morning in the Army Building Colonei
Richard H. Savage read a brief prepared upon me
evidence submitted by Frederic r. Couder. III Ms
brief Mr.. Coudert said this was an exceptions" "''"
unique case, and for the reason That 10 one hdu
been dcfrauded lost q cent no one Oh INC W
called victims had made a complaint against Major
Tbroc knorton and that brotherofhcers had been ue
ones 10 push the charges against him. evidently WORK
ing for his expulsion from the Army. TheSs oWcer'
were his interiors and In his own command lherc
was no legal offence in overdrawng DAMN account,
ard a lifelong service in the Army had prevented
the Major from acquiring the proper khowieose VI
business affairs.
John \. Lewis. who has acted senior counsel
OF the defence then briefly reviewed the evidence III
detail going over every specification in the charges
IL was said that Captain Caef actuated by 'uinus
In prosecuting his senior officer 'or on EoN'
her ) he had written the War pepar'ho,'
among other things that the DinwOode cheek was sun
nnpsid though on the witness stand he had testified
that OH October 10 he knew the check had alrcadS
been paid by the Major All through his review o1
the evidence Mr. Lewis pointed ont tiF' purity OF
purp,,e OF his client and defed logical inelehces u
draw any other conclusion lie further caieo DIT
tention 10 the inaccuracy of human ITT"ilecu"h III
regard 10 details and Lieutenant >chunha Ill p'"-
I-sness If you please. and ignorance OF h'Sihess
methods. Please don't assume that ne Major was
such n snblime idiot ~ 10 draw checks on bank
where he Rad no funds and expected none Inc III
fcrences that aIc logically drawn from these acts ohN
eorrohOrat, his .tmOnN. The Ftithcf en'cN ""S
raid in cash long before it came back bnt an Iei o.
interest in this connection the taking of copy OF
this check by Schumm. with the admitted nope OF
reing able to use it tim: against the MAJOR Does
This act not prove animUS!
The presentation Of his pay accounts was al c'Tor
on the part of the bank. appears by The eVldence
OF Tobin Kelly. and Colonel smith. The KNOWING
ard causing to be presented of fraudulent pay accounts
in the a,temp, to defraud the United states Govern
meut, rs stated in the charges. is entirely absent
And Therefore deny that he violated the Sixty hrst
Article Of War But it is admitted that he guilty.
Of a technical violation Of section 114o OF the -hnlS
Regulations in that h, hypothecated pay accounts
not actually due For thi has he not suffered enough
already: Ninety days tomorrow he mas
bocn upde, arrest" Mr. Lewis tlcn made an appeal
for due con- liberation OF the long and honorable war
record of his Client and closed hy thanhing Coonel
savage and Lieutenant Cartv right for their assistance
In aiding the defence and the Judge Advocate ana
Eoard for their courtesy throughout the trial
Lieutenant Colonel Bar was extremely brief IN
nreeentinc the Gaze OF the prosecutions which he
prcfaced b. Il long. carefully prepared and exhaustive
comment on the LEGAL bearing and effect of the re
frs. of Two witnesses to testify before the court lie
gave citations OF law. and preced'nts in court
martial trials, and said that the court VA, Judge not
only Of the law, but OF fact. suppose said he,
that the accused trial for his life aud that
civilian witnesses declined to give testimony in Their
possession which would acQuit. This principle Is Of
vastly more importance than the acquittal or con
vcton Of the accused here present. In exp anation
of the imp Jrtancc he attached to this occurrence the
ge-Advocnte explained that since the beginning OF
the trial his ideas of the Immediate necessity for estb
fishing IA precedent 10 govern IN the cases OF con
tumacious witnesses had undergone n change.
A. for the case in hearing, LcutcnantCoI Barr
denied that there had been md ice conspiracy
aetuatlng the officers Fort schuyler that Capital.
Calci had oveIstcpped his strict diiy. lie admitted
the faulty memory OF Lieutenant Schumm and rested
his case.
The courtroom crowded with audience com
posed mostly Of army officers and their wives and
families. At the close Of the presentation OF the
case the court took Of half hour. and then
went Into secret session. Their verdict will be sent
to Washington for review by tie President and will
be announced