Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-26
JONES ON THE STAND
The Colonel Gives His Version Of the
Court.Martial Trouble.
SOUGHT FULLER IMPORTATION.
bled-LegsIi,y of Orders Discussed
Custom In the Regular Army.


day. The proceedings yesterday were more
interesting than those OF the two pre-
ceding days. and much evidence OF an
onlightening character was given COL
onel Jones was on the stand the greater
part Of the day, but. being interrup'eu
several times. did not conclude MS testi-
mony lie will be recalled this morning.
and there will probably be no fur'her
evidence. as the petitioners have decided
not 10 introduce any witnesses In re-
buttal Aside from the appearance OF Col
onel Jones as a witness. the feature Oh
Yesterday was the introduction by Cap
tain Anderson Of Lieutenant carbaugh,
Of the United States army, TO prove that
&, the regular service colonies have no
right 10 order general courts-martial.
The Proceedings in Detail.
+, was after II o'clock when the court
assembled yesterday morning. Colonel
a. l. Philips was the first witness call
ed 90 the stand. His testimony was prin-
cipany In relation to the meeting OF the
members OF the recent court-martial In
Headquarters room. He was present in
the room at the time and said that he
could only state positively that the Colo
mel read portions of his letter to Colonel
Nalle and Colonel Males reply thereto.
The Colonel he said, told the officers
that they had been guilty OF very grave
derelcuon Of duty. Captain Anderson
replied in a very positive manner, speak
ing in Justification OF the conduct Of the
court He thought Captain Anderson
was not at all regretful In his tones or
manner. but on the contrary was mos;
positive. Colonel Jones was. witness
said. very candid and positive, but he
said nothing that witness considered 10
De out Of the way.
please state whether or not you regard
ed Captain Anderson's manner as being
disrespectful or approaching insubordi-
nation?'' was asked by Colonel Boykin.
y do not" was the reply.
Then ] understand that the language
used by both Colonel Jones and Captain
Anderson was merely Of positive char
''Yes. sir: II was"
In reply to direct question Colone,
Paillips said that were a court-martial
10 decide that 1t was Illegally constituted
and so report he would not consider
such action as insubordination.
A BREACH OF DISCIPLINE.
Didn't you understand that Colonel
Jones had censured his oficers?" was
asked OF witness by Captain Anderson.
Il don't know He seemed TO consider
that the officers had been guilty OF a
great breach Of military discipline"
Isn't Colonel Jones at all times cool
nnd calm. and were he indignant would
be not manifest it just as he did on that
nighty'
that night. He was simply positive, as
you were, Captain Anderson"
After the meeting. witness said, Colonel
Jones asked him what he thought OF the
whole business. Colonel Phillips told him
that in the first place he thought he was
wrong in ordering general COURT
tial. If he was right. however, ] told
him that he should order the court to
proceed: and II wrong. he should issue
an order dissolving the court at once. |
think Major Derbyshire agreed with me"
Some few unimportant questions were
asked him. and he was excused.
Captain II. A. Sheppard. adJutant or
the regiment, testified as 10 the meeting
IN headquarters room. In reference 10
Colonel Joness department he said he
saw nothing unusual The Colonel was
exceedingly reticent. Captain Anderson.
h. said spoke very earnestly. and was
little excited probably; other than that
nc noticed nothing unusual in his deport>
ment. He heard him say nothing that
could be considered as disrespectfu Tho
meetings OF officers. he said. were usual
iy Of n conversational character, ana
never to his knowledge had strict MILL
tary etiquette been observed.
CAPTAIN GASSEKS s VERSION.
Captain Charles Gasser. Of Company d.
was next called. He was a member or
The court which declared itself Illegal ON
the night OF November 9th. He detailed
the proceedings of the court as had been
previously done by the other witnesses
Who were members. and then gave evil
dence concerning the meeting In head
uuarters room. No new facts of any
moment were ELECTED through him. He
admitted having voted that the court was
Illegal. and though lac thought he couia
nave defended HIS action he did not so
Attempt at the meeting. Colonel Joness
conduct. he said, was cool, calm, quiet,
and dignfed lie testified that when
asked by. the. officers what h proposed
90 do Colonel Jones replied that he was
not prepared 20 answer. This statement
differed from those made by the
,ther witnesses He said NJ did not con,
.ider that Colonel Jones had censured
he officers for their conduct In adjourn
Ing the court He considered that the
Coloneis letter to Colonel Nale was
perfectly justihabie, and that ne tGasseD
had been guilty Of gross disObedience Os
orders In that he permitted the question
Of the legality Of the court TO be raised.
Je testified that he was president OF
court ordered by Colonel Jones TO try
pePrest and stated further that that
court was dissolved and another one
composed Of the same members ordered
in is stead bv Colonel Nalle The right
OF the Acting Brigadier TO order general
court witness said, was raised by the
court and Captain Anderson asked Wit
ness II IT was not decided by vote that
the court was illegal
"No. sir II was not" was the reply.
'It decided that II was legal"
Then why was II that the trial of De-
Priest was not proceeded with was the
next question.
'HeCauSe OF the fact indt l WAS tne dVN
cuser OF DepTiest. and therefore ineli-
glble 20 serve On the court
CAPTAIN Gasser denied positively that
the question Of the legality Of the court
ordered by Colonel Jones was raised In
that tribunal. and reiterated his denial,
even after he had been told that Lleute>
pant Mills. the judge-advocate OF ths
court testified that IL had.
WHAT COLONEL JONES SAYS.
Colonel Henry G. Jones was next call
L.. IN dtRnlfleG
ner. and related at some length all that
led up to the alleged censure by MN OF
court lie Joined the regiment as private
fn April. ISL. and had occupied every
position from that 10 captain He was
elected colonel about five years ago "
had been his duty 10 call cOur s-martial
during his term Of oftcc as colonel, ana
be had called them OF his own authority
lie had called different kinds OF courts
martial up 10 the time OF that OF the
?1ih Of November last lie had called
summary courts. company courts, ana
general courts lie had not been In the
habit OF calling regimenial courts, be-
cause he thought general courts were ne.
cessary on account Of the Jurisdiction OF
cases. He had been In the habit or
calling general courts-martial for the
trial OF enlisted men ever since his cleo
tion az colonel
These statements were all ELECTED In
resp0nse 20 queries pTopounded by Mr..
Meredith. and Captain Anderson demur-
red 10 them He read az some length
from Winthrop 10 show that the continu-
ance OF an Illegal custom was not an
extenuation OF future actions. Colonel
lsoykin argued that while Colonel Jones
was not being tried. his conduct was to
some extent being inquired into, and no
gnatter what usages had prevailed. II
they were Illegal they could not give
legality 10 his conduct. but II might be
yindication % his conduct as soldier
20 show that he had. In ordering these
eOurts-martal. followed q precedent laid
aown by his predecessors.
Mr. Meredith took the ground that Col
,nel Jones In following the precedent laid
iown by his predecessors had not acted
.ontrArsy 10 law. and this argument again
brought Captain Anderson to HIS feet.
The latter argued that the question for
he court 10 decide was not the legality
or illegality OF the action OF Colonel
ZONES. OF tie members Of the c2urt-mar-
ters 81 the court deserved the censure
placed upon them. The question was
Then taken under adyisement by the
court. and they decided In favor OF Colo
Hel