The morning call., 1894-10-05
TRIAL OF VIVIAN.
The COurt-Martial of the
Major.
COMPLAINTS SHOW
DID NOT SATISFY A JUDGMENT.
Rut in Defense 1t Is Claimed the
Judgment Was Obtained by
Fraud.

:. VANCOUVER, Wash, Oct. 4-The gen.
eraf court-martial called to try Major j.
w Wham, paymasttr Z. S. A., met to-
day The court is made up of the follow
ing officers: Brigadier-General Otis, presi-
dent: Col0nel T. III. Anderson, Fourteenth
Infantry; Lieutenant Colonel Theaker.
Fourteenth Infantry; Lieutenant Colonel
Wolverton, deputy surgeon-general; Lieu
tenant-ColOne. Bacon. First Cavalry;
Major Post, corps of engineers; Major
Tully McCres, Fifth Artillery; MAJOR W.
II. Nash, commissary OF subsistence;
Major Marshall. quartermaster; Major j.
w. French. Fourteenth Infantry: Major
G. S. Wilson, assistant Acknowledgements;
Major C. A. H. McCauey. Quartermaster ;
Captain c. Mcclure, acting judge advu-
cate, Judge advocate of the court.
Ex-United States Attorney General
Williams appeared for the defendant.
The charge against Major Wbam is con-
duct unbecoming an officer in not satisfy
ing a Judgment. The evidence adduced
to-day by the judge advocate on the part
of the prosecution consisted entirely of
correspondence between the attorneys Of
D c. Holcomb OF Kansas City, complain
ant in the case and various officials of the
War Department at Washington, and be-
tween the department aud Major Wham
and the major and his attorneys and the
officers of the Supreme Court of New
York concerning the judgment alleged by
Holcomb to have been obtained by them
in the Supreme Court Of New YORK in
June. 1890, amounting to S2216.
From the corresp ondence 1t is learned
that the ebt upon which the alleged judg
ment was obtained was incurred while
Major Wham was president and Holcomb
general manager of the North Park and
Vandalia Mining Company of Colorado.
They gave a joint note to the Laramie
National Bank of Laramie, Wyo., for
S1046. both agreeing the money was for
The company and not for private use. The
note bee anne due with interest. which Hol-
comb claims he had to pay. Holcomb
brought suit, and obtained judgment
Major Wham claims he knew nothing of
the rendering of the Judgment against him
until eight months after and that he made
repeated efforts pending the trial of the
case and subsequently to obtain copy OF
the original complaint
Holcomb claims in the original complaint
to have signed the note merely as an in
dorser. and as an accommodation to Major
Wham.
The amended complaint was prepar ed
and fled in the case by Holcomb in which
certain allegations were made concerning
the apDro priation of money obtained
which differed from the statements in the
original mpaint, the amended complaint
alleging in substance the money was OBJ
tanned for the accused
Major Wham claims that the judgment
was obtained by false swearing and fraud.
as shown by the amended and original
complaints.
In letter TO the adjutant general of the
army, Major Wham SAYS: "As l under
stand it there is no difference between my
misforiunes and those OF the late Gen.
eral Kelton, in which the War Depart
mem. it seems, assumed no jurisdiction
except that my debts were caused by a
eat public calamity, which desolated viii
lagos and valleys alike"
The prosecution will probably conclude
tomorrow.