The evening world., 1894-03-30
SURPRISED BY LYMAN
His Counsel Objects to the Heyer-
man Court-MartiaL
Thinks the Members Have an 0pin-
ION in His Case.
Ruled Against and Ordered TO BE
Ready for Trial aIouday.

There was a surprise in store for the
members of the Court Martial appointed
to try Lieut.. Charles II. Lyman, late
navigator OF the United States corvette
Kearsarge, when they assembled at the
Navy-Yard this fore noon.
The surprise came in the form of an
objection by the defendant to being tried
by the same court which had just passed
on the case of Commands Oscar f.
Heyerman.
There was a long delay in reaching
Lieut. Lyman's case to-day. 1t was be-
cause the Court wished to go over the
record of Commander Heyerman's ser
vice in the navy, which was received
from Washington yesterday afternoon.
Although Commander Heyermans
case had been disposed OF and the find
ing Of the Court forwarded to Wash
ington, It was not too late to examine
the Commanders record. and recon-
mend that 1t be given place in the
considerations OF the revising authori-
ties who will finally pass upon the ver-
dict rendered by the court-martial. 1t
was learned that Commander Heyer-
mans naval record was without a blot.
no charge of any kind ever having been
preferred against him.
1t was nearly noon when Lieut.. Lyman
was called upon to appear before the
Court. He came in accompanied by his
counsel, Lawyer George Kent. Mr.. Kent
Academy and is Lieut.. Commander OF
the New York Naval Reserve. ,
After Judge Advocate Kelley had asked
Lieut. Lyman the formal questions
Mr.. Kelley asked II he had any desire to
exercise his right to challenge any mem
ber Of the court.
Lieut. Lyman replied. that he would
let his counsel answer for him.
Mr.. Kent thereupon objected to the try
Ing Of the case by the same court-mar-
against Commander Heyerman.
There has been great deal OF tes-
timony."' continued Lawyer Kent, in
troduced at Commander Heyerman's $
Lieut.. Lyman. He had been put upon
! the stand as witness and made to
testify concerning his actions and to
nact,,s,Sa facts which might leave a lingering
bers of the court against Lieut. Lyman.
His having been required to tell about
his own acts at Heyerman's trial vir-
defendant to not go upon the stand"
The lawyer then. as test, formally
objected to the presence Of the junior
member s5 Of the court Commando nan,
that he had expressed an opinion as to
Lyman's accountability for the loss OF
the ship.
Commander Leary asked II the phrase.
ology of the lawyers objection could not
be changed. He thought as 1t stood II
would convey the impression that he had
made his opinion public.
Mr.: Kent said that he was aorry he
could not alter the phraseology. as |,
was in accordance with precedent and
would have to stand as 1t was.
The court was then cleared to allow
of discussion of the matter Wher
court was again opened the Judge-Ad
vocate announced that the Court did moi
sustain the accused's challenge OF Com
mander Leary.
Mr.. Kent accepted the ruling. but said
he was not ready to proceed to-day, and
he would like until Monday to read over
the testimony in the Heyerman court
martial.
This request was granted on condition
that Mr.. Kent would be ready to pro-
coed with the case on Monday at lC
clock.
The formal organization of the court
then took place, and an adjournment
was taken until Monday.