Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-11-23
WITNESSES TESTIFY
Court Martial of Commander Smith
Begins Today.
CHARGED WITH SCANDALOUS CONDUCT
He Pleads Not Guilty to All the
Counts.
ROCEEDINGs TO-DAY

Commander Smith and his counsel, Gen.
Brady, were prompt enough In their at
tendance upon the naval court-martial
that is to try him for certain alleged fnan-
cial shortcomings today. But at 10 o'clock,
the hour set for converting, one of the
members of the court, Capt. Wilde. was
not present, so there was a short delay.
In few minutes the president Of the
court decided that 1t would not be neces-
sary to wait any longer. and the Judge ad-
vocate had started to read the proceedings
of yesterday when Capt. Wilde appeared,
and announced that he had mistaken the
hour. 1t was then announced that there
had been additional charges filed against
Commander Smith. and that they had been
served on him this morning. The accused
said that he was ready for trial, and the
court was cleared in order that the new
charges might be considered.
The court soon found the additional Spec
ifcations correct and opened the doors
again.
Lieut.. Lauchhemer then read the charges.
The first was 'scandalous conduct" which
comprised transaction between Com
mander Smith and one E. H. Conard of
Virginia, in May, $685. wherein the officer
had assigned sos 43 of his pay to Conard to
cover an Indebtedness. to be paid by the
80
1888. But before 1t was due he had drawn
the full amount Of his pay, without notify
Ing Conard. Complaint having been made
to the Navy Department, he had been call
ed upon by the Secretary for an explana-
ton. which was delayed, until in October
q peremptory order was sent to him at
Union, N. Y. calling for his version of the
transaction. This had not come and hence
the second charge, "disobedience of or
ders." The new charge was also "disobe-
dience OF ORDERS" based upon Commander
Smiths failure to report for trial promptly
as ordered.
Question of JurisdictiOn.
When the charges were read the accused
was called upon to plead and through his
counsel moved to strike out the first speci-
fication, on the ground that 1t was outside
Of the jurisdiction of the court. Gen. Brady
argued that the matter lay wholly outside
the authority of a naval court. He urged
tfat tho assignment of pay was not a mat
ter that fell within the cognizance Of the
department, and was not legal. He there
lore moved that the cOAlrt should ignore the
entire first charge. He called upon the
Judge advocate for the law covering the
case.
Lieut.. Lauchheimer read over this plea
and then stated that the charges and speci-
hcations We're covered by section 1924 OF
the Revised Statutes. constituting the ar
ticles for the regulation of the navy.
He quoted especially the eighth article.
try by court-martial any officer charged
with certain offenses tending to the de-
struction of good morals and discipline in
GLIDING fraud. theft, or any other scan
dalous conduct" He argued that the court
had ample Jurisdiction and that the as
signment of pay was illegal only because
the pay had been drawn by the assgnor
before 1t fell due to the assignee, and that
this act gave the Secretary power to try
the case.
In answer. Gen. Brady said he could see
In this argument no regulation or law au-
thoriZing assignment of pay. This, he
said. vitiated the entire transaction. He
read from the statutes a clause which
declares that any sale or assignment Of a
claim against the United States is null
and void. There had grown up custom Of
pay assignments, but 1t is not based upon
any law. He further asserted that there
was no willful fraud alleged by the speci-
fications.
The judge advocate argued at some
length in reply. AS to the question of will
fulpess'' he urged that this was a matter
to be settled by the court after hearing
all the evidence.
The Second Count.
There was no further talk by counsel on
this point, and again the court was clear
ed for consultation. On the reopening of
the doors Commodore Wallace announced
that the court refused to strike out the
first charge, as requested by the accused
Gen. BRADY then entered plea OF not
guilty to the first charge, and renewed his
attack upon the Indictment by moving to
strike out the second charge, on the ground
that it was indefinite and uncertain. He
alleged that the order of the Secretary of
October -, calling upon the accused for
an explanation, was not set out verbatim.
Lieut. Lauchheimer met this with the
statement that the only necessary part of
this order had been quoted in the speciii-
cations.
The court promptly overruled this plea
as well, and then Commander Smith was
finally arraigncd and pleaded not guilty to
all the charges and specifications.
Witnesses Called.
Capt. John A. Howell. a member Of the
court, was the first witness for the prosecu-
ton. He Is the present commandant Of
the Washington navy yard, and testified
that Commander Smith reported to him I'M
der the orders of the Secretary yesterday
morning. whereupon he had placed him
under arrest and directed him to report
to the president of the court. The de-
Tense asked no questions.
The departments letter of October %
ordering Commander Smith to explain at
once, was placed In evidence, as were other
documents.
The court then took q recess in order to
give Paymaster Rand the first witness a
chance to pay off the men at the yard
After the recess. at / O'Clock, Paymaster
Rand and the file clerk of the Navy De-
partmeEt were examined to prove the for
NAL part of the charges.
Mr.. Conard will take the stand tomor-
row.