The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-27
CONCLUDING THE CASE.
THE COURT OF INQUIRY HELD
THREE SESSIONS YESTERDAY.
Colonel Jones Under Fire OF Cross-Exam'-
nation for SIX Boors-Counsei Arguing
IN. Csse-Expect Decision Monday.


Of tho m9nutes OF the previous scs"ens'
but no action was taken.
MIR Meredith then stated that me pa
pers Colonel Jones referred 10 In ms I.t-
Ger OF December ist had not been f'uEd'
hut that he had received cominu.l'a-
ton from Colonel Male. with copies oil All
the papers involved In the case
Colonel Jones then stated That nc ihaue
an cfrort upon the receipt OF Goionei
Males letter. 10 find the papers IA cues
zion. and succeeded in finding me pro-
ceedinys of a court-marii8l beld h@Enst
!. 1904. 10 try the Mayo case Inc hnuihs
was the dishonorable discharge OF ne ac-
cuscd. lie was unable 10 ma Hhe
charges. The paper stated that ~ was
a general C5urt-marIial. and Second-Llen-
,enant II. X. Paynter. of Company +,
was the judge-advocate
After some discussion among tounSel
the court decided 10 request the Governor
20 telegraph to brigade headquarters for
me papers in the DePrcest case, but this
decision was finally reconsidered. and 1t
was then agreed 10 settle the point IN
question by calling Captain Gasser, who
happened 10 be IN court, again TO the
stand
t'sptain Gasser stated that in the De-
Priest case the question was raised as TO
the power Of Colonel Jones TO appoint
the court. and the question was over
ruled Oh account of Irregularities In
the charges. The record Of that court
was forwarded 10 Colonel Jones.
ABOUT GENERAL uBT-sNAnTIAL.
A good deal of delay was caused by the
examination OF orders and other papers
and the proceedings dragged along weari-
IL during the morning session Colonel
Jones, wncn cToss-eXamned by Captain
Anderson, stated that when he first took
command OF the regiment general courts
martial were ordered by his authority,
bat he did not know whether ne received
his orders through Major Evans or
through headquarters. the serSednt-mh-
ior was instructed TO keep records OF
every order that reaches the regiment
from brigade headquarters He had no
recollection of asking General Anderson
while brigadier-general, for the issuing
of such an order. After considering the
orders issued Colonel Jones was made TO
say that he considered he had the authori-
~ OF ordering general courts-martlal I'M
der General order No. 3. which PROVIDES
for "courts-martial" lie thought that
sections / and gave him that AUTHORITY
Urder that order he thought Coonei
had the power to order IA general court
martial. or a regimental court-martial, or
a company court The character of the
case and the kind of the jurisdiction
would guide him in selecting the adJec-
tiVes for the court. He used the word
general for the purpose OF defining the
Jurisdiction. lie did not have any inten-
ton to refer TO such IA court trials OF
commissioned officers, bat only offences
OF enlisted men. He did not think that
in dong so he implied a new meaning
OF the word general" which, under the
articles OF war. gives the power of Try
ing commissioned officers. A general
ant,aiHia1 nv
slider offences which minor courts did not
reach. He had not considered, and did
not now. that he had the right to appoint
any court TO try commissioned officers.
Colonel Jones repeated his testimony of
the previous day when asked by the
Court that he had made a mistake when
he appointed more than eight members on
suoh "a court, and ass soon as the Gov
ernor called his attention to this mistake
<he corrected 1t. After long deliberations
and discussions. witness said he believed
that General order No. was IN accord
with section 3O3 of the Code of Virginia,
aud not In conflict. Article r. of the Arti-
cies of War refers TO the appointment of
general courts-martial. He considered
that General Order No. 3 was State reg
ulation. and not I'm conflict with the Arti-
cles of War. and. under Articles Y and
-. without General order No. 3, any other
regulation I'm existence the colonel of
ItStlttHh was Hot diFpNtI ~ OINiSE q gen
cral court-martial. but he did not see
anything In the articles forbdding such
ordering.
The court then took a recess until $3.50
p. VI.
THE AFTERNOON SESSION.
The afternoon session opened promptly
at the appointed hour and Colonel Jones
resumed the witness stand Before he
proceeded however. Captain Anderson
stated that he had been Informed that Ma
jor W. Nj. Evans. who was formerly as
Slstant Acknowledgement, could swear thai
general courts-mart;al In the past were
ordered 10y Colonel Jones through brigade
headquarters. The court decided that
Major Evans should be heard on the sub
ject, and he was summoned forthwith
Colonel Jones. in resuming his testimony
said that he had no recollection of APP
pointing fied-offlcers' court-martial In
the case 81 Private Wilson. of Company
+, who was charged with being intoXica.
ted at the Exposition grounds, and was
subsequently discharged When he ap-
pointed. under General order No 5. the
general court-martidl whose members were
subsequently censured ne forwarded the
papers TO Colonel Male, as the higher
authority, because the question as 10 his
appointing power had been raised. He
understood from Colonel Males letter
that he should appoint the court under
General order No. 3. He was not pre-
pared TO say that he did the officers a
grave injustice in his letter TO Colonel
Male He thought the Mayo case was
the first one tried after the endorsement
of Colonel Male under which the court
had been appointed. The Mayo case was
tried by the first court which had been
ordered by Colonel Jones. The statement
made by him in his letter of December
1st which he made from memory, without
having the papers before him. might be
Inaccurate. lie had no intention or de-
sire to do his officers an injustice. He
made the best statement at the time his
memory enabled him TO do. He believed
the instructions from Colonel Male 10
him were TO appoint courts-martial for
the trial OF enlisted men In the regiment.
and he thought his later communication
would bear him out In this statement.
HK MIXED UP THE NUMBERS.
He said that when ne ordered general
court-martial of thirteen he must have
mixed up together the number provided
for in the Articles of War with that pro-
vided for In General Order No. .. When
the court was ordered that sat on Novem-
Der 27.h II was done under the order of
witness, and with the instruction OF Col
oacl Male 10 continue TO do so. The
sereeant-major issued orders by order OF
witness, and for which the latter was re-
sponsibie. but he could not issue orders 10
commissioned officers. The latter were
issued through the adjutant.
-. Al.