The sun. [volume] (Morris, Stevens County, Minn.) 1882-1895, 1894-05-31
THE PoMP OF WAR.
Army Officers in Full Uniform sat In
Lieut.. NnneN's Trial,


Lieut.. Nnney's Trial.
st. Paul, May 24-The trial by court
martial of Lieut.. james A. Nancy,
Fifteenth United States infantry, began
this morning in the court martial room
at Fort Smelling, upper post Liclt.
Nancy and his attorney, Il. L. Plair,
were drivnn out to the fort early this
morning and all the officers summoned 70
this trial from the various army posts
CT the country reached the fort at an
early hour. The accused lieutenant WAS
visible about the headquarters for over
an hour before the trial began. He
seemed entirely Indifferent to the pro.
ceediEgs i'll which it was natural to sup
pose him the chiefly Interested party, and
chatted quietly with his brother officers
IS though he We're simply witness in
stead of being the defendant. The indict
ntnt charges con !uct to the prejudice Of
good order and military discipline: "ln
that First Lieutenant James A. Nancy,
Fifteenth infantry, United States army.
cid wrongfully engage in an alteration
aid sculle with his superior officer, Capt.
Alfred Hedberg, of the same regiment,
and did use insulting language toward
him, and did violently assault ana lick
him, the said Hedberg, and did draw and
point n pistol at him, and did, further,
actually shoot him, the said Hedburg,
causing death. This at Fort Sheridan, ILL.,,
on Oct. 30, 1893"
Fort Smelling, Mimi, May 25.-The
Nancy court martial has adjourned until
tomorrow, and Maney's counsel will ap-
ply to the United States court for a writ
prohibiting the continuance of the investi-
CATION. At the conclusion of Col. Barr's
address the court took recess until 1870
p. III. RccOnvening at that hour it went
into executive session to consider the mo-
ton of Mr.. Blair. Half an hour was
spent in executive session. At 2 O'clock
the court was reopencd and Col. Mason
announced the decision.
The plea in bar of trial." he stated,
was not sustained. The trial will pro-
ceed."
This means that the witnesses who
have been summoned will be examined
and the whole circumstances of the shoot
ing will be reviewed unless the court
grants the writ.
St. Paul, Mimi, May 2G.-The opening
of the trial of Lieut.. Nancy by court
martial to-day presents Il rather unusual
state of affairs. The order of Judge
Nelson issued yesterday calling on the
military court to show cause why this
trial should be allCw2l to proceed, is the
first order of the kind ever issued to Il
court martial. The hearing does not Oc-
cur until next week, and in the nean-
time the trial is Icing proceeded 18th
as though nothing had occurred. 1t is
not considered likely that the injIn tiOn
asked for by the defense will be granted,
but that there is 4 nice question of law
to be decided by the United States SUI
premc court every attorney present fully
realizes.
st. Paul, May 29-The trial of Lieut..
James Nancy took on an entirely new
phase to-day, the matter being for the
time transferred from Fort Smelling to
st. Paul, and from the military to the
civil court The application for a rule
for an order to show cause why a writ
of prohibition should not issue from the
United States circuit court to the court
martial was argued al length before his
honor, Judge Nelson, sitting alone in the
small court room in the federal building.
This writ, if issued, would have directed
the court martial to drop the trial of
Lieut. Nancy on the first charge and the
specifications under it, comprising, as
they do, the facts of the shooting and
so constituting, as claimed by Mr.. Blair,
counsel for the defense, a trial for muir
der on which the defendant has been al
ready tried and acquitted in the United
States court of Illinois. The small court
room was not large enough to contain all
those who desired to see the proceedings.
All the members of the court martial
were there in civilian dress, including
Judge Advocate Bsrr and Gen. Mason.
The door was crowded with group of
spectators and every seat was taken.
Judge Nelson sat alone, the other fed
eral judges being engaged in the court of
appeals in the large court room.
Mr.. Blair, the gifted counsel for the
accused occupied the forenoon in his argu-
ment, in which he embodied much that
he had said at the time the plea in bar
was discussed in the trial, at the fort.
The pleas were to the jurisdiction Of the
court because in the first charge and
specification murder was substantially
charged, the allegations conprebending
this Offense, and the defendant having al
ready been tried on that charge in a
United States court.
Judge Nelson denied the writ He
said that the case was an unusual one,
but he considered that his court had
jurisdiction. The writ was denied be-
cause murder was not charged in the
court martial. and therefore Nancy was
not being tried twice on the same charge
The court martial will now proceed,
but if Nancy is convicted the case will
be appealed to the United States supreme
court.
PERIER TURNED DOWN.