Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-03
THE IANS CASE
The Evidence Nearly All In-Wili Likely
Be Closed To-Day-The Evidence.

PITTsBURG, November 2.-To-day was
the fifth day in the lams case.
Col Hawkins was recalled and SAID on
cross-examination that it was not fact
that the President from year TO year nxes
the punishment to be inflicted in the United
States Army.
"Do you say Col. Streator was justified
IN assaulting Iams while he was in the
guard house, under the articles OF war
which provides soldiers shall be tried oy
court martial for any crime before he Is
punishedm
This was objected to because mutiny is
no crime under the civil law, but was mere
ly military offense.
This objection was overruled and the
witness said he believed Col. Streator was
justified in administering the punishment.
~ wish TO ask il all an enlisted man can
be punished is by dismissal, confinement on
bread and water, and the ball and chain or
solitary confinement"
mo, SIR"
On redirect he said the punishment In
fiicted was in pursuance Of the articles OF
war of the United States, but in accordance
with customs which had prevailed Tor
years in the National Guard Of Pennsyl-
vania.n
Various letters to Colonels Hawkins and
Streator were offered in evidence by the
defendants. The enlistment papers OF w.
L. Iams were also offered in evidence,
dated March 90 1890.
R. w. Herbert was then called and said
| he was in Homestead July 5th. He told OF
! the trouble at Homestead on that July 5th
and 9th. and detailed the various incidents
of the day. The recital was objected to but
the court said 1t was pertinent 10 show the
true condition of affairs at Homestead.
Witness said he had talked with Col. Haw-
| kins and Streator about the situation and
had told the same story TO all the officers.
| He had a talk with Iams about the punish
ment the day after it was inflicted. Iams
said:
ssI will get even with the Streat-
or. l will shoot him the first time see
him."
The witness repeated TO Col Streater
what Iams had said Iams also said he
would get even with that - - four
eyed fellow on the hill, meaning General
| Snowden. He threatened, once or twice.
! to kill Streator the first time he saw him.
Sergeant Ludwig, Of Co. /, Tenth Regl-
ment. said he was Sergeant OF the Guard
July %. He was present when lams was
disciplined. He was asked what part ne
took in the discipline.
| ATTORNEY John d. Watson warned him
| not to commit himself, but the attorney
for the defendants intimated it was an ef-
| fort merely 10 scare the witness.
Judge Porter-If he was obeyiDg orders
! from his superior officers in the efforts 10
maintain discipline be was all right.
When troops are called out TO quiet riots
| they are in a state of war, and the orders
Of the superior officers must be obeyed. III
necessary to quell mutlny, he could XIII
a man in the act of committing mutiny..
Surgeon Neff said he had received orders
to see that Iams received no permanent in
Jury. The witness had conversation with
| Iams. and told him that IL he would indi-
cate that he was suffering great pain the
witness would have him cut down. Iams
! replied that if they expected him to retract
what he had said they would cut him down
dead The witness gave as his profes-
sional opinion that Iams had not suffered
anv physical injury.
DR.. Ullum, assistant surgeon OF the
| Tenth regiment, created some excitemant
in the court room by stating that when
Iams was cut down he told the prosecutor
10 feign sickness so that the regiment
would have the impression that he had
been severely punished.
| 1t is thought the case can be finished TO-
morrow, as the defense has but very Few
more witnesses to call.
Nearly all the rulings made by Judge
Porter to-day touching the authority OF
military commanders TO inflict summary
punishment upon members OF their com
mand for breaches Of discipline, have been
favorable to the defendants.