New-York tribune., 1894-03-29

TIE END or THE HEYERMAN CoUHI-
MARTIAL.
ARGUMENTS FOR THD DEFENCE MADE Fl
LIEUTENANT MARlX-TIIE RESULT Or

LIEUTENANT MARIX-TIIE RESULT OF
THE TRIAL NOT YET KNOWN.
Reporters and all not members Of the court were
shut out Yesterday from the where the couT'-
rner,i,I nc Commander oscar I. Heyermon mas
been held becauso the testimony was all IL "'p
the arguments of the prosecution and the u'i1''''
and the dcliberaton of the Court upon 'he cha's's
were begun behind locked doors. Ihe t'@"N''"f Va
Commander A. $ CrowrinsAield was read for v'ri-
fcation and then LicG,cnant-Commander D. -
Jerrod Kelley. the judge-advocatc, made hi' a'su,
men. which was concise ana fair. and covered al
the points so wei that he was compineA'e1'
In the beginning the prosecution was WHINE
10 concede tat Commander Heyerman Nl' no.
neglect many OF the important duties which law ana
regulations ara the traditions OF the service I'M
nose upcn an officer Of the Navy who Is lntruatel
with the command of ship OF war. wAen Sucn Si'P
is approaching land or danger. il was srah'eu '"a'
on the day OF the wreck Of the hea''aibe 'o''.
mander IIeyerman on deck. alert Visiiah'' anu
60 far as circumstances would permit. performing
with care the most important duties bu'' 'he Juuse
advocate avcrred Commander Heyernan dd as
nav negligence which suffered the vessel 10 be
lost and this negligence became a culpabie inei-
fcency in tho performance Of duty.
DENIAL OF NEGLIGENCE
Judge Advocate Kelley was followed by Leuten-
ant-Comrnander Adolph Marx. counsel loF une ar
cuse1 whose defence was condensed to the smallest
number Of WORDS POSSIBLE was SiiiC"''' 49,
fror, e,rcrn,ous sentences or syllables. ana
was dCnifed 10 the utmost. The opening began
"Tha, should be accused cf having through @ neg
lgence suffered vessel OF the iaVy i 10 n Io - me
reaf and he stranded complete surprise 10 nv;
thorough search Of all the WORKS on mn mI'aIS ' in
naval law has iniea M rn TO iuIIrs rrtnce e then
quoted from Judge Cooley as to the 9eln1oii 81 %
term and also from dictionaries ana othtr b th
lies Tc challenged any one 10 prove. Which ulr
t~stimony did not mat he was Negligent in any
way. on the contrary. he had det3ied every mo-
ment - The safe navigation OF the snip; l., ,bo
As to the charge Of "culpa3e lnerneiJn'S III h,rre
that every oicer who lost his vessel had to answer
but 1t is charge IN Which there Is 10 punt "a ''"
In no respect did the accused hold the navigator
responsible for any S9ggson ne may nay '(nib.j
br; hold him responsible for u % loS,tionII r,i frrn
TO the commander and II the court should NJ ~ ,"'
the evidence that the disaster W~S a Iy,oct acGa
that point. He then said me cnShsnIS & :" US
win n view of heading about eight niles southwark
Ci the southern end OF the Teci
THOSE TREACHEROUs CURRENTS.
The defence then submitted analysis OF the
currents. and showed that the merchant snip cap
ta.ns had proved the shifting Of the currents anu
the fallacy If the books and charts on the supecS
The current which the Kearsarge experienced was
no, mere drift current. nor was i; affected in
any by the presence of reef Ike Komcauoso ao v
In conclusion the defence said t9at II was y S1Sy
wrong. but he felt sure that every member oi NE
foye the djsas,er in accordance with the knowledge
which was as his disposal at tnat time
The court was tbe 'e4 fa being excluded
and in less than two hours all OF me points an anu
DICT and sentence are only known 70 the members
o, the court and the accused VII be Kcp' M SUI ,b
president have passed the findings ana pEoinII-
II s possible that the court-martial Of Lieutenant
LYMAN Will be begun by The same court today,
but his counsel exLieutenan W r. Stayton; To- ." was as
not ready Yesterday and VII probably not oe Fc"uy
10 begin before tomorrow.