New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-06-23
IN THE HANDS OF THE COURT.
GENERAL FITZGERALD FLATLY CONTRA
Diets COLONEL SEWARD.

TESTIMONY IN THE 9TH REGIMENT CoURT-MAR-
TIAL ALL TAKEN-THE QUESTION OF THE
INTERVIEW ABOUT THE PARADE BRINGS
OUT SHARP DENIAL
The court-martal which was convened 10 Try
Colonel William Seward, Of the 9Th Regiment i"'
alleged disobedience OF orders finished taxing leS
mony last night and Colonel Stewards fate IS no"
in the hands of the court. The most Important
testimony last evening a direct CONNECT De-
tween the account of General Fitzgerald ana tha'
OF Colonel Seward in regard TO the ih'erVie"
about the parade. Colonel Seward declared tha'
General Fitzgerald had told him II the inspecuo"
was ordered for a date within week or two OF the
dav fixed for the parade the feld-day couid DE
postponed General Fitzgerald denied aosolu'eiy
having said any such thing.
How long after firing rifles does II take 10 get
them in order for Inspection
mot less than sixty days, sixty working days
with MANI" 80
with two men; the armorer and his assistant.
when were you first told Of the real date OF the
Inspection
"Colonel Seward told me about week prior 10
June . Che date on which the parade was ordered)
that the inspection would take place on June IL or
L."
do YOU remember how many uniforms were lii
the hands OF the tailor on June 2?'
From 100 to 100
"c,,ce the arrest Of Colonel Seward have you re-
oe,ved any oroers about the command Of the regi-
ment?" ,.
The Judge-Advocate objected and the question
withdrawn.
nv Colonel Austen-In your regiment shouid
be ordered to be inspected on June 2 ana some
emergency should arise by which 1t became neces-
sarv TO fire the guns on April /. do you think the
state officials would postpone the inspection or
make allowances for the emergency In the condltlon
OF the rifles?
II don't know"
Captain Dessar was called to testify as 10 tne
proceedings Of the board of officers OF the 9TH keg-
ment concerning turning out OH Decol"'i0" 10y
and June 2.
Colonel Austen wanted to know whether II was
usual in the 9Th Regiment for the colonel to exer-
else his preroga,ive In ordering a parade or 70 re-
fer the matter to the board of officers
The witness replied that when the drill was not
compulsory and involved expense to the regiment
the question put before the board OF oircers
Otherwise the colonel ordered IT absolutely.
The prosecution rested its case at this point ana
a motion was made by Colonel Denison to dismiss
the charges and specifications on the ground that
they had NOT been proved by the evidence. Inc
motion denied.
Colonel Seward was then called He was asked
about his correspondence with InspectorGenerai Nc
Grath concerning the inspection. lie said he re-
celved a letter from General McGrath on May H.
In which the Inspector General said unless ne re-
celvel notice from Colonel Seward by May 20 10
the contrary the inspection would be he'd on the
date they had previously discussed Another letter
was received on May %, which said the inspection
would be held on June IL or 12. Colonel Seward was
then asked about the Interview with General Fitz,
gerald when he asked to have the regiment excuseu
Il sSld to General Fitzgerald" said Colonel Sew
ard General. in view of your refusal TO excuse
y ne re oThr Which, says that commanding Officers
may in their discretion dismiss or postpone the
Ro on are for time he With week or or
Did you know before June that your regimen,
was to be inspected on June lZ! asked General
was as 1t for this reason tina. you postponed the
parade al Van Courtlandt Park?'
"Do you believe you exercised wise discretion
in postponing the paradeY
Colonel. had you intended to parade your regi-
ment at Van Courtlandt Park later IN the season
II YOU had not been placed under Arrest?
Yes: intended to postpone the parade ana nave
Il later in the season. c,,
Major Van Duzer then cross-examined Coone
Seward He pressed him closely as TO his assertion
that General Fitzgerald had said II the Inspection
Of the parade. the parade might be postponed.
He reiterated several times that General Fltz-
several armorers were then called all of whom
testified that IT would take from sixty TO seventy
days to clean the guns Of the 9Th Regiment after
field day and put them in order for inspection
The defence then rested It's case ana Generai
Fitzgerald recalled. He denied absolutely tnat
he had told Colonel Seward he might postpone the
parade If inspection was ordered for date within
In DIFFERENTIATION on this point he declared
that in answer to Colonel Stewards question as to
the Interpretation TO be put on the part OF the
order at issue in the court. he had replied There
Is the order" A., =,
General Mcmahon then summed up for the de-
fence He said that the harsh proceeding OF Gen
eral Fitzgerald was unusual, uncalled for and not
and unblemished record Of Colonel Seward. and
closed bv saying the evidence showed that Colonel
seward had obeyed the letter and the spirit or
General Fitzgeralds order. . . -,
Major Van Duzer replied and said II was abso-
luteIy Incumbent on commanding officer. when he
found IL necessary to prefer so serious charge as
dlsobedence of orders. to relieve him from com
mand The only way officer could be relieved
he said was by placing him under arrest
The court then took the case under considera-
ton.
4 REPORT ABOUT ANTON RUBINSTEIN