The evening world., 1894-06-22

| Inc acoustics or the room were so bad
that very little of the arguments or
testimony could be heard by the audi
ence, who were almost all military men.
Gen. Peter c. Doyle. President OF the
court; Col. David e. Austen, Col Alexis
c. Smith and Col. ]. G. Eddy, of Brook
lyn; Lieut.-Col. w. A. Downs, OF the
Seventy-flrst. and Major Henry S. Van
Duzer. Judge-Advocate, made up the
| court.
Col Seward sat with his counsel across
the room. His legal representatives were
Gen. Martin T. McMahon, ex-Lieut. Col.
| James A. Dennison, of the Seventy first,
and George A. Clement. Commissary Of
the. Ninth. The Court. Col. Seward,
Major Van. Duzer and Commissary Glen
arms. Col Stewards 8 arrest followed his
neglect to order out his regiment, as
commanded by Brig: Gen; Louis Fitz-
Cortlandt Park June 2.
The General did not know the regiment
was not going out until he was on his
Tesehed waS ID hm tine rom arn cS Zen
once made vestigation and found that
Col Seward had not promulgated his
orders. He then put him under arrest
friends say, he was compelled to take this
step, as Col. Seward was senior officer of
the brigade, and thus would while under
charges. have acted In the Generals alb
The section Of the Military Code under
follows: NO
For neglect or refusal, when command
Ing officer to order out the troops under
ms command, when required by law. or
lawfully ordered by his superior offlcer,
a commissioned officer may be tried by a
the above-named offense such officer
may be sentenced to be cashiered, and
snail thereby become incapacitated from
holding any military commission. fined TO
and penalties"
Major Van .n / Buner called the roll of the
oath. All witnesses for the prosecution
We're asked to leave the room. Then
the Judge Advocate read the charges
end 5 make asked to the hs sRsrs If @ he
Of orders. Gen. Mcmahon then outlined
the policy OF the defense by moving that
the order Of Gen. Fitzgerald of April 49,
detailing the regiments to Van Cortlandt
second part OF this order contains the
paragraph allowing discretion. and Col
clsed his discretion in a legal manner.
The paragraph referred 10 reads:
Commanding OH GERS will exercise their
commands, as provided In the drill regu-
they VIII prescribe the hour for forma-
ton and the uniform to be worn. and
may In their discretion dismiss or post
weather. or In cose orders for Inspection
shall be received for days SO close to the
dates OF assignment as shall interfere
the same"
After a long wrangle between counsel
and going into executive session twice.
Seward then pleaded not guilty to ali
the charges and specifications. Gen.
Fitzgeraid was the first witness. He
wa was IN f9il uniform. % He testified that
office and asked that the Ninth be ex-
cused from going to the park, as 1t had
Isa 10 parade on Decoration Day. He had
Ninth needed field drill more than any
other regiment.
The Colonel then spoke Of inspection
coming on Gsnsra and the sei, goin,g to camp July
make the drill day only half a day.
Gen. Mcmahon tried to have these con
Nersations stricken out, but the court ad-
mitted them. Friday, June /, the Gen
eral wrote a letter to Col Seward en-
59hinnS 5hdn,S special care the following day
the court admitted the order. Col.
note informing him that the parade
war on In reply to Col. Austen he
discretion, given in the orders OF April Is.
Gen. McMahon offered in evidence
general orders for inspection dated Al
bany, March 30. The defense expects to
prove that these nullified the Generals
orders for the park drills. Adjt
tied to receiving the orders, &C In
spector-General McGrath then testified
that he had had communications with
spection.
The prosecution wanted to show that
the witness had not informed Col
tion would take place June IL, but the
defense brought out the fact that be-
fore June Gen. McGrath had Informed
the Colonel that the Ninth Regiment
would be inspected about June l2. though
the official order was not issued iii
June 7. After Gen. McGrath's brief
testimony the court adjourned till this
evening, when 1t Is said the trial will
probably be concluded.