New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-09-13
POINTS FOR THE DEFENCE.
THE FORNEY COURT-MARTIAL TO BE ~
HOT AND BITTER FIGHT.
TWO OF THE SPECIFICATIONS AGAINST lhh
COLONEL THROWN oUT-YEsTERDAi
IN ARGUMENT on OBJECTIONS
RAISED by COUNSEL.

IN ARGUMENT on oBJEciloN'
RAISED BY COUNSEL
r. $500. ho,yb, IN the minds OF the Judge
Advocate and the members OF the Forney cou'
tial Yesterday sense OF the fact thai II ''e 80
Department succeeds in convicting 'he - =.
Marines OF the charges against MIN II VIII ~ -.
II has had fight hand. Tne cha' So go
Coone Forney are comprised uhuer ' 80
with a number OF specifications under eac" neau
The counts include falsehood. embezzlement maA'ns
and using false papers and culpable inefnee"cy ~
the performance OF duty Congressma" ~
Bartlett and ex-Lieutenant w H. S'aS.o"'
for the accused officer have settieu INV" "
legal fight OF indefinite Duration ana are eo"e
every point with all the legal Skill al ,"e" ~
mand The result OF this IL that the thiru uas Va
the court-martial has passed. and Co'onei ro'neS
plea has not vet been entered He was Ie""' ~
plead at one time In yesterdays proceeui"e"' w
was prevented by Lieutenant WaIet' INV 'Nee
advocate who insisted on having h"o'" p,
settled before further action was taheh "
o'clock the court assembled. and until H'D
listened 70 the reading Of the minutes Oh
DAYS proceedings When the court was a. g.
c,arad omen and ready for business. MT H''' .o''
In behalf Of his client offered a further pea " 20
to the fifth specification OF the four'h '"e
fourth specification to which ob)ec'io" wa"
on Wednesday. having been thrown o"'
court He then read the specification whch ue-
OF his duty which related to keeping STRICT a'o"'
~ Government stores under his care anu "'u
wrongfully purchased seventy-seven tons oi Ca :"
June 1894 when there were SIN ninety nm -,
an hand He then produced a letter from the Navy
Department in which Colonel Forhey "H' -
ncanded fo- this action and in which assurance was
gwen that no further action In the matter "0"'1 ="
taken -, o.-ss
Then the room cleared, whie the 0'"' -
,,a1 ,y,tb the nroblem as 10 whether a man couu
be tried twice for the same o1enee. The re-
the first trial had resulted in repr dac,dad
,, ~ ,he deliberation was that the court decaueu
ttat objection was well founded and the SPec'i''a
ton stricken out: ,f.,oo nod scored
n victory and Mr. Stayjon returned to me attaS AN
win an objection TO the fourth speciica ION % '
first charge offering the same ettei III ~, ,hjs
his pea The Judge Advocate look nai. .o - "a
disc,ssion which was long and technical anu
after a N argument which lasted over an houI az
tenant Waller his point and the spect
STA "a then suggested that recess be taken uutii
the afternoon. and the suggestion was APp'o'' ~
the court. ,,, ,s sbor, Mr.
partIeft offered number OF objections 10 specncd-
lions which were not sustained, anu nj So
Ton was not behind him in raising points Which
kept the court in continual ana 1 SIaon afier
ierminabe series OF arguments soon "a, a. "a
o,cIock the court adjourned until lOD TO-DAY, aI9
the papers relative TO the specitcauons when ie
been thrown out were tao reIerre' to '"'
The net result OF the wrang'e is That notnlng mas
baen done in the actual business or the cour -IaI
several were or hand yesterday. MS
skirmishIng shows what bitter hght Is on when
the actual taking OF testimony begins, me PIesen h
nian ~ the defence will be followed ali ,nIousn
ne nroceedings and from present indications tne
Fornev cotIrt-martial will make record Tor length
uneaua,led in the history OF Naval trias.