The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-12-09
SOME HOT WORDS.
Scene in Court-Martial
Proceeding.
CAUSTIC COMMENTS MADE.
The Judge Advocate Critizcies an
Attorney.
TERMS HIS ACTION INDECENT.
Lawyer Groezinger, Who Appears
for Captain BIumenberg, Retorts
Sharply to the Structures.
TERMS HIS ACTION INDECENT.

| The court-martial reconvened at 3lS
| O'Farrell street last night to consider the
| charges against Captain Samuel Blumen-
berg, retired, First Troop of Cavalry,
| n. G. G. There were present: Major
James F. Smith. presiding; First Lieuten-
ant E. S. Heller. Fifth Regiment, judge
advocate; Captain Irving B. Cook. First
| Regiment; Captain George III. WIthern
Fifth Regiment; Lieutenant John E. Mil
Ter, Second Regiment: Lieutenant Frank
| P. Shafer, FIRST Regiment, and Lieuten-
ant j. G. West. Third Regiment.
| Colonel Murray. assistant adjutant-gen-
| eral, was in attendance with the muster
roll and other evidence for the State from
Sacramento.
G. C. Groezinger stated that he APP
peared as an attorney for the purpose
solely of securing continuance. He
stated that Captain Bumenberg and him
| self had just returned from Sacramento,
! ana that under the instructions of the
| Acknowledgement be desired to present an
| affidavit. The affidavit recited the fact of
| the visit to Sacramento and conferences
with the Governor and the adjutan t-gen-
| eral II also recited the fact that Walter
| J. BARNETT, the attorney for the accused,
was suffering from facial neuralgia and
would be unable to proceed with the case
| for week This statement was fortified
with certificates from physicians
Attorney Groezinger and Captain Blum
| en- berg related at some length their visit to
Sacramento. Mr.. Groezinger declared
| that the president OF the court-martial
had a telegram from the adjutan general
relating to the continuance. and he added
that in the event of refusal TO postpone
the court-m artial he had been instructed to
| wire the Acknowledgement of the fact
''Do [ understand you that it is an order
from the commandments to grant
a continuance?" asked Judge Advocate
Heller.
1T seems to be in the way CT sugges-
tion." replied Captain Blumenberg.
Attorney GroeZlDger at some length de-
clared that he only appeared to ask for
continuance. and that he would not be
bound by any testimony offered or admis-
sions made.
w. A. Richardson made some technical
offerings, as the represen tative Of Attorney
Bartnett, and the court-martial then had
ordered the room cleared while it deliber-
ated The deliberations lasted half an
| hour.
When the doors were thrown open
Major James +. Smith. presiding, said
that out of Difference purely to the adju-
| tant-general continuance would be
granted until Tuesday next, adding that
there was a question as to the courts term
of existence, whether it could last longer
than three weeks. There was a difficulty
in keeping witnesses and the trial must go
on next Tuesday. There were grave
charges against the accused and be was
entitled to counsel. but there was no as
surance that the attorneys engaged by
Captain Blumen berg would be ready to pro-
coed in a week, or two weeks. or month.
In auv event the trial must go on at the
date fixed. unless stopped by some higher
power than that of the court-martial. II
the State of California was put to all the
expense of the proceedings and 1t was then
found that mistrial had resulted owing
to the prior termination of the courts ex-
istence, there would be ground for serious
objection.
II only represent the accused in the
matter of continuance" said Mr.. Groez-
niger. "If counsel is not we'll by Tuesday
the trial cannot go on"
"The attorney has placed me in grave
position" said the judge advocate. "He
has bound his client by admissions in this
court, and now he is triling with this
court"
II am not trfling." interrupted Mr..
GroeZinger.
you are trifling with me, sir" said the
judge advocate, who then proceeded to
read from the records where certain testi-
mony was said TO have been introduced
with the consent of the accused.
sit is not correct" said Blumenberg and
Groezinger in one breath.
II protest" began Captain Blumen-
berg.
81 don't care whether you protest or not.
am reading the record" said the judge
advocate, who proceeded to read. ana then
con tiuued:
1.-THE court will remember that asked
the accused and his attorney if they
objected to General Aliens testimony and
the placing of the roll on record, and they
both replied that they did not. l have
relied on the admissions of the accused
and Mr.. Groezpger, and l do not propose
to stand on the trial of the case and have
counsel make admissions and then say he
had no authority to make admissions. 1t
is a clear abuse OF deceney, and l don't
propose to have it.
Mr.. Groezinger retorted: Il teld you
that l did not desire to proceed
with the trial. l do not propose to
have the judge advocate tell me that l
acted indecently. | acted with courtesy
in allowing the acknowledgement to submit
the roll so as TO save him second trip
from Sacramento. l am here to represent
Captain Blumenb berg in asking for con-
tinuance, and | most seriously object to
the judge advocate taking occasion to
pass comment upon me-"
The judge advocate and the attorney
SCENE ready to follow this up with a
warmer wordv spat, but President Smith
tried to place the matter in more pre-
sentable light by statement of what the
records showed.
Judge Advocate Heller declared that II
the charges were not true he would see
that Captain BlumeD berg was cleared, but
he did not propose 10 be tr1ed with.
Then Major Smith declared that Mr..
! hnd hoh