The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-26


among them the one as TO the legality OF
the court ordered by Colonel Male. The
court decided that the court was legal.
This court afterwards decided that the
charges and specifications In that case
were not properly drafted.
When asked by Colonel BoykIn. wit
ness said that he thought the Colonel
was right In his position, and yet he
voted with the majority.
COLONEL HrNRY c. JONES.
Colonel Henry c. Jones was then call
ca. but before he went on the stand a
short recess was taken. After having been
duly sworn. Colonel testified In substance
as follows:
Have been connected with the regiment
since April. ISL. and was promoted in the
regular order to captain. In March, 1890,
] was elected colonel. ! was out of the
service prior TO that about fourteen
months. II has been my duty as colonel
to order courts martial on my own au-
thority. | understood the law and regu-
lations. / called different kinds of courts
martial. ! have continued TO do so up 10
November 9TH. | have called summary
courts. company courts and general
courts. / do not remember that ] ever
called a regImental court, because I con-
sidercd general court necessary in the
jurisdiction OF various cases. | have been
in the habit OF calling general courts mar
tial for the trial OF enlisted men.
When Mr.. Meredith asked q question
implying that Colonel Jones merely fol-
lowed a custom established before COL
Jones became commander of the regi-
nent. a long argument by counsel follow
ed. as 10 whether the court should 80
into such matters as had transpiTed under
a predecessor OF Colonel Jones. The
court finally decided 10 admit the evidence
as indicated. but reserves the question as
20 whether IL has any bearing on the
matter.
The court then took recess until $3.50
Il. ".
TIE AFTERNOON SESSION.
Soon after the appointed hour the court
reconvened. and the president announced
that Colonel Jones was on the stand Inc
latter then continued:
Il find from the record. as far back as
1891. a court martial ordered by Coionel
Anderson, consisting Of five officers ana
judge advocate
Captain Anderson objected to the tes-
timonv. inasmuch as it did not refer TO
a general court martial. Mr.. Meredith
claimed that the court in question was
ordered under general order No. 3. me
Volunteers were governed by state stat
utcs. such as general order No ., ana not
bv articles; OF war. He thought that me
decision declaring general order NO. . IL
legal was only a tempOrancous one
The court decided that the testimony
should be admitted, and that the question
What a court martial was would be Dc
fined at the close of the proceedings. Al
ter considerable argument, witness con
tinuod nv mentioning number Of other
orders Of similar character.
"The question as TO the legality OF gen
cal courts martial ordered by me- Co!-
onol Jones said, was first raised IN inc
DePriest case, | believe. ! insisted tha'
| had the right 70 order general courts
martial. and | continued to 90 so. 10
avoid any quibble as to the authority
asked Colonel Male TO appoint a genera
court martial. He did so, and the papers
I'm the case involved were sent TO Drlsaoe
headouarters Afterwards ! again caled
General courts martial. and believe
tb.re was one in existence at the same
time 7 claim to have the right OF cali
ing general courts martial uhder Sthe'"'
order No. 3 of 1880. 1 have not been IN we
habit of calling such courts OF thirteen
members / did that for the lrst uhie vi
August %. 1894. The courts varied J."
number. The orders are issued By the
eorpoant-maior. who is employed at
ealarv of $40 per month, and ! increased
the number in order to secure quorum
( forgot temporarily that | could not ap-
point more than eight, until the Governor
called my attention TO 1t.
DECLINED TO RELIEVE.
"After the session Of the court on
November 18th, captain Anderson came 10
me. asking to be relieved from serving
on the court. | declined to do so, pc
Iieving that I had the right 10 order
such court. | do not recolIoct having
given my assent 10 Captain Anderson 10
submit the question of the legality 10 the
iudge-advocate. / never expressed any
doubt as to my appointing power.
first heard Of the courts action Whcn
received It's proceedings, which / beheNe
was on December LIST / examined them
and then wrote a letter TO Colonel Male
to which he replied Both letters are
I'm evidence. Colonel Males letter con
tained as enclosure an opinion of the
Admtant-General. This VAS on Deem
Der 10Th. and / directed the adJntAnt to
summons the officers composing the court
tn appear before me that night. Al the
meeting I first read the proceedings OF
the court-martial, leaving off the order
| then, read my letter of December lst
and. in my recollection. the letter OF
Colonel Male of December ith. also
read the portion of the AdJutant-Gen-
erals letter referring to the subject UNI
Ger COllSlNtIdllpl
Il called the officers 10 meet me that
night because | thought that the decision
of the court brought up very grave is
sue. which affected the Courts-martial OF
the whole State, and / wanted to lay be-
fore the officers what information | had
on that matter To date. and To further
hear what they mad TO say on the sub
fect before / took action in the matter.
After I had read the papers | think Cap
tain Anderson made his argument in
which he attempted to sustain the posi-
ton of the court that | had no right 10
anpolut the court. He was very caTnes,
and positive In his statement, and II
seemed TO me that no opinion to the con-
trarv would change his mind. He
also stated that If courtmartal-
ed. or something TO that effect, they
should stand together and employ the
best counsel. even the Adjutant-General
Of the United States, if necessary. and
carry the matter to the Supreme Court.
Vie asked me what intended to do, and
what | wanted him to do lie was very
nosittve. and seemed TO be rather excited.
PRACTICALLY AGREED TO THEIR RETURN.
Il was asked similar question by
Cantain Boss,euX / did not understand
that they wanted the papers returned
After the meeting | had a talk with the
beutenant-colonel and major, and II was
practically agreed that i would return
the papers: but. having an appointment
with the Governor The next evening /
determined TO lay the papers before him,
and did 80. When l left the Governor
o. Ia toll "a