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 Monday.

There was n surprise In store for the
members of the court-martlal 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 Commander 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 Heyermnn's ser
vice In the navy, which was received
from Washington yesterday afternoon.
Although Commander Heyerman's
case had been disposed of and the find
Ing OF the court forwarded to Wash
ington. 1t was not too late to examine
the Commanders record. and recon-
mend that 1t be given n place in the
considerations of the revising authori-
ties who will finally pass upon the YER
dict rendered by the court-martial. It
was learned that Commander Heyer-
mans naval record was without a blot,
no charge of any kind ever having beer
preferred against him.
1t was nearly noon when Lieut.. Lyman
was called upon to appear before the
court. He went in accompanied by his
counsel. Lawyer George Kent. Mr.. Kent
Is a graduate of the Annapolis Naval
Academy and Is acknowledgements
of the New York Naval Reserve.
After Judge-Advocate Kelley had asked
| tntyt ~ tho fprpnl ,,a.tAnu
about his being represented by counsel,
Mr.. Kelley asked II he had any desire to
exercise his right to challenge any men,
Der of the court.
Lieut.. Lyman replied that he would
let his counsel answer for him.
Mr.. Kent thereupon objected to the try
tial which had heard the testimony
against Commander Heyerman.
There has been a great deal of tes-
timony,"' continued Lawyer Kent, "in-
trial which might be construed against
Lieut.. Lyman. He had been put upon
the stand as T. witness and made to
TESTIFY concerning his actions and to
prejudice in the minds of the mem
bers of the court against Lieut.. Lyman.
His having been required to tell about
tually deprived him of the right OF every
defendant to not go upon the stand"
me lawyer then. as "A test. formally
opJeCted 10 the. presence Oh tne junior
member of the court Commander
Richard P. Leary, on the formal ground
that he had expressed an opinion as &c
Lyman's accountability for the loss OF
the ship
Commander Leary asked II the phrase.
ology of the lawyers objection could moi
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 sorry he
could not alter the phraseology, as II
was In accordance with precedent anc
would have to stand as 1t was.
The court was then cleared to allow
of a 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 1C
o'clock.
The formal organization Of the court
then took place, and an adjournment
was taken until Monday.