The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-27


| uoinf,ng power RE considered that
| directing of his authority, insAean Oh
the reference OF the papers. GAZING Ms
attention to the fact. This WAS ms
opinion OF the matter at the Time. nc
believed that one or more OF lne i
intend TO truly try the case p"' W
the objection Afterwards
when asked whether he meant tnat
he though: these officers INTENDED 10 Vio-
late Their oaths, witness declined 10 an
swer categorically. He was, however ioth
10 believe that the officers intended TO
do wrong. He FAD no intention TO bring
any charge: ne only gave phe ihPieSSi0"
made on his mind
WANTED POSITIVE ANSWER.
Captain Anderson then moved that wit
ness be required 10 give positive an
swsr as to whether ne thought the Off
GERS Intended TO violate the law Wit
ness then thought that the intention OF
the officers was 10 form the court and
then decide that IL was Illegal, instead
of 10 go on trying the case. lie dld not
desire 10 cast any reflection upon their
integrity by his language
The purpose OF calling the officers to-
gethcr. witness said, was TO get further
information, the proceedings being the
only thing before him. HIS idea was to
mensb so as to be able TO settle forever
all the discussion that had been going
on for at least two years in regard TO
the appointing of courts-martial. lie
would have answered the questions OF
the officers at that meeting, but had
not made up his mind clearly. and the
attitude of the officers impressed him AT
the time that any answer on ms part
would not have been of any avail he
1 Y.
He did not return the papers to the court.
because in his opinion, that would not
have settled the matter hnaly.
There were only the army regulations
in existence especially as TO courts-mar-
tlal. that could be easily used as guld-
ance for officers to act wnen they diu
not have sufficient experience. In ms
opinion an officer should not obey an
order which he receives which is abSo-
lutele illegal and he runs the FISK then
of being court -martialed.
Witness did not desire to answer the
question as TO whether. with the light OF
the investigation before him. he was still
of the opinion that the officers should
be censured for their conduct.
Captain Anderson stated upon ques-
ton asked by Colonel Meredith. that
Lieutenant Carbang appeared before the
court ON the previous evening upon
telegram sent him by direction of Cap
tain Anderson. asking him TO stop over
on his way to Washington for the pur-
pose of teStifying.
MAJOR EVANS ON TIE STAND.
Major w. NJ Evans next testified that.
a. assistant Adju;ant-Gener during the
seven years of his term of office every
paper was filed that went through the
office. General courts-martial had been
ordered by the brigadier-general upon the
A..
ments, but !he was not prepared to say
whether there were any for the First,
Second or Third Regiment, but there GER
tainly were two for the Fourth Regiment.
However, all these papers were matters
Of record. The general custom and usage
was. according TO his recollection, that
these courts were ordered by the brigade
commander The law under which the
courts were ordered were the army regu-
| lations and customs of service. He did
not think that a general cOurt-martat
| could be ordered under General Order
No 3.
This ended the testimony on both sides,
and the question as to argument came
up and Captain Tomlin said he preferred
to have briefs submitted by counsel. Cap
tain Anderson took the ground that coun-
sci on the other side had no right to sub
NIT brief nor make any oral arsu-
submitted as authority passages of Win
throp's Military Law.
The recorder next stated his position.
He gave an authority where an accuser
appeared before "A court of inquiry and
was allowed to submit all argument As
far as he could gather from the light that
| the existing cases afforded. both sides
should be allowed to make arguments,
the recorder reserving the right to close
the case. If he thought the facts had
not been sufficiently brougt out
The Court stated that, IN view of all
circumstances and in the absence of au-
thorities TO the contrary. 1t was decidedly
of the opinion that Captain Anderson
should open the argument. 10 be followed
by counsel on the other side, and that
Captain Anderson should close the case.
Should the Court deem it necessary. the
recorder would subsequently be called
upon TO address the court.
1t was agreed that counsel of Colonel
Jones might divide the time allowed be.
tween them, and il was decided that Cap
tain Anderson should have two hours for
his side and Colonel Jones' counsel one
hour and a half between them. The
court then took a recess until o'clock,
BEGINNING THE ARGUMENT.
At $40 =. NJ the court reconvened, and
without any further delay Captain An
dersOn started in to sum up the case for
his side. He made a very able argument.
and in concise form brought out the
points and the reason why he thought
the petitioning officers. who were mem
hers of the court, should not be censured.
He stated that any court of justice had
perfect right to inquire whether or not
it had beer legally constituted. The Off
GERS of the court did their duty as they
understood the law, and If they made an
error in law they could not be censured
for it, Persons who sat in an Illegally
constituted court became themselves
liable for the action Of the court
In reference to the proper procedure,
Captain Anderson quoted from Winthrop
10 the effect that the members of the
court must be legally appointed. When
Colonel Jones received the proceedings OF
the court, instead of securing Information
in the matter he at once wrote his letter
to the commander of the brigade and he
only asked apparently. for information
after he had censured the officers. Be
sides, Captain Anderson said he had been
unable TO think of any information which
Colonel Jones did not already have. Had
Colonel Jones known his duty. which the
record showed he did not at the time,
he would at once have returned the pa
pers.
Captain Anderson suspended after for
~ minutes and was followed by Lieuten-
ant Charles Gerhardt, who first explained
his position. and stated that as an army
officer he could not afford TO state any
thing that he could not prove. lie
thought the officers had acted from the
best motives. but they had made an error,
4, ls.A 4, ,l.n.