The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-25

| | took tbis position because / believed 1t
| 20 be right.
/ captain Anderson insisted that Mr.
| Meredith had an erroneous IDEA anu '"at
the officers OF the court had no idea oi
| crittcislng Colonel Jones conduct, but
| that they only thought that the court
| called by him was an anomalous one.
| ~ BR iRGuTD By LAWYER.
At the meeting at headquarters on De-
! ccmber 10th, witness continued, ! lett IL
| to Capialu Anderson as the lawyer OF
| the court to argue the correctness OF The
! decision OF the court At the conclusion
! OF the meeting the opinion prevailed that
We all would be court martialed. and that
we had better all stand together and en-
| ploy counsel Several officers made re-
marks to that effect. but Colonel Jones
| did not say anything, and he wanted US TO
| say what we were going to do. / do not
remember whether / told Captain Ander-
son what advice Major Derbyshire had
given me. and ] do not remember whether
I saw him on the subject or not. | had
no talk with Captain Anderson on the
evening of November 9th prior TO the
meeting OF the court. I do not remember
whether | talked to any one as 10 Major
Derbyshire's advice. | do not remember
that had talk with Captain Gray Bos-
eieux between the meetings of the court.
on the subject was Major Derbyshire, az
tar as / rccOlect. / did not know at the
time Of the court that the Judge advo-
cate should not attend meetings OF the
court with closed doors. but know now
After I had become convinced that the
court was Illegal | might have had an
opportunity to inform the appointing
| power OF ny conclusion. but ! thought
the court should decide the question first.
.HNN InVHf
attention had been called to such conc!u-
sion before.
Upon question put 10y the recorder
witness said that the court would have
| proceeded If the papers had been returned
| by Colonel Jones. If any other papers
/ had been sent TO the court Tor considcra-
| lion, we would have convened aud taken
| similar steps.
TO TAKE HIs fTfPs ACCORDINGLY.
When asked by Captain Anderson, wit
ness said. Captain Anderson offered the
! loan of he books for their pcrusal, ana
! If / thought then that the court vas lie
! gal, ] should take my steps accordingly
! After the close Of the meeting on Decem-
! Der 10Th Captain Anderson stated that
| the proper steps would have been for
! Colonel Jones not 10 reprimand the Off
! GERS, but TO return the papers. on that
! point Captain Anderson produced the
! proper legal authorities.
! Lieutenant II. l.. JeteT. Of Company 4,
! who was the next witness. practically
| cprrobOratcd the testimony Of previous
! Witnesses. and said that the sole reason
! Of the action of the court was It's belief
| TO have been convened Illegally. and the
| court only adjourned, but did not dissolve,
| as far as he understood. H. would have
| proceeded, If the papers had been return
! ed. and if papers in another case had
| been referred 10 the court he would have
! voted i'm the same manner that the court
| had been illegally constituted. Witness
! next related what transpired at the meet
! ing az headquarters on TIE evening Of De-
! ccmbcr 10th. .he manner and conduct OF
! Colonel Jones at that meeting did not
/ show any displeasure, but witness con-
! sdered himself reprimanded. If the pa
! pers in the POhle case had been returned
! with Colonel Jones disapproval ne would
! have voted In the same manner If another
! case had been referred "a the court.
Witness said ne hid not know of any
! facts of any sort or description that Cap
! tains Gray BCasicuX and Anderson mad
! cOnSp.rcd together and COncOcted the
scheme of bringing about this ;nyestiga-
! ton. lie did not know OF any motive 20
/ induce the court TO take the action real
~ taken by 10. other than the desire of
/ The members 20 do their full duty. lie
! had no conversation with any one on that
question prior to the night when the court
decided on its inegality. lie had no in
formation as to the order creating the
court martial, except the one detailing
the officers Of the court
Lieutenant j. ?. Davis of Company a,
was the next witness. He, also. had been
a member OF the court martial i'm ques-
ton, and Corroborated the former wit
ness. lie explained that everything was
done 10y the officers for the best interests
Of the regiment. and with no Hi-feciing
! towards Colonel Jones. The same question
had been ventilated before. and the
! ground was taken that members of
| court convened Illegally would make
/ themselves liable individually to damage
| suits. This opinion was made up that
| night after he had heard The authorities
| cited by the judge advocate. The adjourn
ment OF the court Was subject to the order
| of Colonel Jones 1t adjourned like any
other court, and if the papers mad been
returned with Colonel Jones endorsement
thai the court was legal and should pro
coed. the court would have tried any man
sent before them. Witness produced the
order by which he was called to the ar
mory on December 10Th. and for which
he receipted on the envelope.
HE LOOKED RIGHT rHRoUGH US.
That evening when / reached headquar-
ters, witness proceeded, | found Colonel
Jones sitting At his table, and-there are
men who can look very defiant, and can
look right clear through you'll think such
man was Colonel Jones. During the
discussion think Colonel Jones made
some statement that caused the impress
sion in me that ! would be Court-mar-
tailed. / cannot repeat the language used
by him, but that was my inference The
attitude of the officers was not defiant.
There were some letters, or extracts from
letters. read. written ! think. by Colonel
Jones and Colonel Male. but / do not
remember what was read. was acting
IN the manner which 1 thought was for
the good of the regiment, and had 10
feeling in the premises.
When AIR. Meredith took witness in
charge ne cndeavored TO bring out the
subject of some conversation which he
had with other officers of the court. but
Lieutenant Davis had 10 recollection Of
any such thing. He had never known for
what purpose he was called to headquar-
ters on December 10th. except that he mad
been reprimanded. and that this fact had
been announced 10 the military circles by
Colonel Jones letter to Colonel Male. by
the remark made at that meeting. ana
10y the manner in which Colonel Jones
looked he gained the impression that he
would be court-martialed.
Lieutenant John +. Stringer, of Com
pany II. next took the stand. and after
stating that he had been a member Of
that court martial. he practically repeated
"a other witnesses had testified a