The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-24

the statement that ne would stand by
his action. even II the Governor should de-
eide TO the contrary.
captain Anderson was then asked
number OF questions by the recorder In
reference to his general statement. and
practically repeated what ne had testifed
10 in the morning
When the vote was taken In the court
as to its fllegalty ID was decided in the
affirmative by vote Of to 2. Witness
said that Colonel Jones had repeatedly
satd I'm his hearing that as commandant
Of the regiment or commandment OF a de-
par,ment. he had a right TO do so. He
knew full we'll that the court had not
been called under General Order No. 3.
Even the Governor could not order a
court-rnar,ial with more members than
the articles of war admitted.
General Order No. witness considered
Illegal for the following reasons: 1t tend
ed 10 merge five different courts into one;
1t made the Judge advocate a member of
the court. and created number Of new
members who had no right on the court
Ii also authorized a brigadier-general TO
order a court for the trial Of a commits
stoned officer, while this should only be
done by general court-martial The lat
ter could not be ordered by a brigadier-
general, according to the provisions of
Article 73
Witness said distinctly that he had not
objected to Colonel Jones calling the
court, but that he did object to his call
ing a general court-martial.
When asked by Lieutenant Gerhardt
If he was the only disturbing element
Captain Anderson declined TO answer the
question il it was not put I'm more po-
lite manner. MIR Gerhardt then wanted
10 know If Captain Anderson had not
taken the initiative steps as to the IL
legality OF the court. and he replied that
this had been done by the judge-advocate.
CAPTAIN G. GRAY BossIEUx on THE STAND.
Captain c. Gray Bossieux, of Company
4, If the First Regiment. who was the
next witness. maize the following detailed
sta ...ncHt:
The question CT tho legality Of the
court was brought 10 the attention Of the
court by the judge advocate, who brought
reference from Winthrop, setting forth
that the colonel OF regiment had no
right 10 call a general court martial nor
could such an order be delegated 10 him.
After due col3i1, atio'., the court came
To the conclusion that IL was Illegal. and
when an adjournment was agreed upon u
was with the understanding that IL was
done subject to the call of the president.
] was present at a subsequent meeting at
headquarters. for which an order had
been tGrGcJ me.
Witness then reiterated what transpired
at that meeting. AMI wlat hIl already
been stated by Captain Anderson. He had
no knowledge Of the disc elton under
which Colonel Jones was aIi.C. Ctter
than the order itself The majority OF
the members Of the court arrived at their
conclusion upon the action Of the judge
advocate. lie could not decide on his own
knowledge whether a court had the right
OF questioning its legality: he could only
do so after consulting with persons well
versed I'm the law, and in this matter he
followed the advice Of the judge advo-
cate. lie was present when Captain An
deraOn asked Colonel Jones to relieve him
from serving on the court, which he be-
lieved to be illegal. He was man OF
propert.J. md it wCuld cost him some
money If the accused should sue on ac-
CONT of the findings IF the court Capt.
Anderson stated that he was not kicker
and was only looking after the interests
of the regiment, and Colonel Jones said
that he did not believe mat any Of the
other officers had any other motives.
THOUGHT COIoSIL JOINS ACoUEscED.
Captain Bossieux thought that it was
thoroughly understood by Colonel Jones
views to the judge advocate. Colonel
Jones, a that interview, did not say ary-
thing that could imply that he objected 10
such an action. He thought that Colonel
Jones acquiesced in the action indicated
by Captain Anderson.
At the meeting when Colonel Jones
rcprimanded the members of the court, ne
did not read a letter from the Adjutant-
General, and he read only extracts from
his letter to Colonel Male and extracts
from the latter's reply. Captain Ander
son said that night that the Governor
would not issue an order in conflict with
the regulations of the United States
Army; If he violated a law, he was just
as much amenable to punishment as any
other citizen. lie did not consider Cap
tain tnderson's conduct insubordinate,
but ne spoke very forcibly. and said that
Fl a court martial was ordered he would
stand it. He certainly did not know OF
any other motive why the members OF the
court acted as they did than 10 do their
duty.
When questioned by Mr.. Meredith. wit
ness stated that Colonel Jones aid not read
in his hearing that portion of Colonel
Males letter which referred to the .Ad-
jutant- General. nor to the appreciation by
the Governor. Witness protested against
the expression used by Colonel Jones in
his letter to Colonel Male, as to mis- def
ant attitude. He was only asking Tor
information, and had no intention OF te-
ing defiant. after we had been con-
vened and threatened with court-martial,
we thought I'VE were right, and would
stand by our action. But. in the face
OF il. If we had been ordered to reconvene
as a court we would have done So"
Alter recess Of few minutes Cap
upon a question asked by Captain Ander-
son. that he had understood Colonel Jones
TO nave said repeatedly during the past
two years that he had the power of order
ing a general court-martial.
CAPTAIN CYRUS DcssIsUx TIsTIFIEs.
CAPTAIN cyrus Bossieux. who was next
called TO the stand, gave the following
testimony:
Il am captain and commissary Of sub
sistence Of the First Regiment. Have
been with the Virginia Volunteers ever
since December 1891 served as private
first i'm the Grays. and was promoted IN
REGULAR order. Went into the war as
sergeant, and whea Il new company was
formed. in 1867 | became its captain.
After the war, when the regiment be-
came reorganiZed | was made It's com
missary on January |, 1872. and have re-
manned in that position ever since. was
not present at the first meeting or the
court martial in question, OF which had
been appointed a member. ] was sick
at the time, but when the court met on
November 9TH was on hand. and, being
the ranking officer. | was made president.
The prisoner was brought in. and, being
questioned whether he objected 10 any
member OF the court, he replied in the
ncpatfye T,na pOurf-rOOfn was then clear