The morning times., 1895-08-04
Private Gill Tried Before a Gen.
eral GOurt-martiaI.
DRUNKENNESS HIS EXCUSE
his Counsel Pleaded That Liquor Rem
dered Him Unable TO Realize the
cluded and Sent 10 the Reviewing
Authorities for Action.

The taking OF testimony in the military
trial OF Private Gill, OF Battery /, Fourth
United States Artillery. for assaultlng
Lieut. Birkhimer, his superior officer,
was concluded yesterday, the accused in
PRODUCING two witnesses, Privates Pat
rick Nealey, OF Battery G. and William
H Welch, OF Battery !, in his defense.
Their evidence was lmmaterial, hut
tended 10 show that the offense might
have been committed by another party.
The prisoner had previously confessed,
however, TO an indstiuct recollection OF
having had an alteration with some one
on the date given, the night OF June 20,
but pleaded that he was so drunk at the
time as 10 lie utterly unable TO distin-
guish with whom the arfray took place
or what transpired at the time.
The charge against the soldier was a
grave one II is to the effect that while
passing up the walk in what Is recognized
as the extension to the arsenal grounds,
in company with Ills daughter, Lieut..
BirkhcimcE met gin, who was with a
co!ored woman, and when the officer at
tempted to pass gill stopped him by
barring his progress with his arm and
applying a vile epltlet demanded to know
who be was.
hNUOhED DOW BY GILL.
AstonIshed at such couduct the lieu
tenant adnonished him, telling the soldier
that he was Insulting an officer, and direct
ing him To move out of his way. Receiving
further abuse in shocking language, the
lieutenant ordered Gin to the guardhouse
The result was that Gill knocked him
down, and subsequently assaulted a COM
Tade, the blacksmith who came running
up IN response TO the call of the officer.
Glu escaped arrest temporarily, but wa 5
eventually apprehended, and on Thursday
was ordered 10 appear before the general
Couu-marual for trial
The court consisted Of Capt Frederick
Fuger, Fourth AulIlery; capt Frank West
SIKH Cavalry; Capt Walter Howe Fourth
ARTILLERY; Capt. Benjamin II. CheeYer,
Sixth Cavalry; Capt. Augustus L. Black
som, Sixth Cavalry; First Lieut.. Albert
5. Cummn>, adiutant Fourth Artillery;
First Lieut. Walter 5. Alexander, Fourth
Artillery. First Lieut. Ira A Haynes Fourth
ARTILLERY: First Lieut. Hugh J. Gallagher,
Sixth Cavalry; Second Lieut. David NJ.
King, Fourth Artillery: Second Lieut.
John G Gilmore ir Fourth Artillery
Fnst Lieut. William p. Stone, of the
F0UIth AuIllary, as judge advocate, con-
Quoted the prosecution, and the accused was
represented by Lieut. TCwnsley, Fourth
Artillery, and by MT George K French. or
IN" law finn OF French q French, as civil
counsel
The Testimony was taken by stenogIapher
John W. Anderson.
ASSAULT NOT DENIED.
When the testimony OF Welsh and NeaIey
had been lead and accepted, MT French, or
counsel FOL the accused. arose and stated
that The introduction OF the witnesses to
Prove that Gin might not have committed
the offense, which was done against the
C0uHsal's suggestion, had complicated mat
tiers somewhat, and as be could not desert
the case, ana should not he asked FOL a
recessed five minutes IN which To confer with
his client. This was gIanted.
Upon returning to court MI French an
nounced the close OF the defense. The Judge
advocate suggested that as a matter Of
justice, Lieut. BeIkheimeF should be called
InIebuttal, the testimony OF the last two Wit
nesses rendering il necessary.
Mr.. French said that The defense would
make no denial Of the assault, and be
hoped the court would not bring IN re-
buttal, which was agreed TO.
In making his plea for the accused, Mr..
French SAID the line OF defense up TO the
introducing OF Welsh and Nealy had been
10 admit the assault, but 30 plead in
eXtenuation the fact that the man was
so completely under the influence of
whisky as 10 Oe unable TO estimate the
gravity OF the offense or 10 know unat the
man assaulted was his superior officer
II was las purpose, he said, in summing
up, To emphasize this plea, and TO urge the
court to be rs leDient possible in passing
Judgment. Citing all that could be urged
in behalf Of the soldier, Mr.. French con-
CluGcd with strong argument for the
exercise OF mercy.
HIS LOVE FOR DRINK
The Judge advocate briefly reviewed
the argument advanced by the defense.
calling attention TO an extract from the
regulations, which defined drum kenness
as an extcnuation in certain cases. Judge
Advocate Stone SAID the clause in article
p had reference only to disobedience OF
orders, and could not be made TO apply TO
an omenSe OF such gravity as that Of
striking an officer.
Arguments being concluded, the case
was submitted 10 the court, and Capt.
Fuger, the president, directed that Gill;s
record Dee submitted for consideration in
connection with tie evidence.
What the outcome OF the trial viii be
cannot be known until the findings are
officially promulgated 10y order OF the
Secretary OF War. and several weeks may
elapse before this is done.
II is believed that Gill's record viii serve
as an offset TO whatever might be properly
urged in favor OF clemency, as his love OF
drink has, il is alleged, kept kept him