The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-25

However. II brought on the dissolution OF
that court and the appointment of the
new court by Colonel Male. ! think the
members Of the new court were the same
ones detailed under the old order of col
onel Jones. There was some sort of IL
legal procedure in Colonel Males court,
and he papers were forwarded 10 him.
The result was that neither court tried
the DePrest case"
The memory OF the witness and Of Cap
tan Anderson in regard to the papers
In the DePr.est case being somewhat
doubtful, the Court suggested that the
papers be sent for, through the command
er-!n-chief. 10 Colonel Male
Witness stated that In the case of the
court ordered by Colonel Jones, he gave
as his opinion that it was Illegally called.
Colonel Jones said that he thought he
had the power to appoint the court. but
he never censured witness for his action.
copy OF a letter written by Colonel
Jones, under date Of February 18TH, was
then submitted. 1t read as follows:
10 AVOID A QUIBBLE
Headquarters First Regiment
Virginia Volunteers. Infantry.
Richmond, February 49, 1894.
The Acting Assistant Adjutant-Genorai,
First Brigade:
Sir enclose with this an order for
court-martial. Please have the same ex-
ecuted and return to me at once. This
order is requested to avoid any possible
quibble by counsel as to the legality Of
a general court. 1t has been the custom
here to appoint such courts by the colo
mel commanding. but reference TO Art. of
War II gives room for a bubble.
Yours respectfully,
HENRY =. JONES, Colonel.
A letter was also submitted written by
Captain Garner to Lieutenant Mills on
February 18th. asking him to summon the
witnesses In the DePriest and Bradley
cases to appear before the court on Jan
uary 18th, showing that the DePriest case
was called before the court ordered by
Colonel Jones.
Captain Anderson then stated that he
had exhausted the list of his witnesses.
aud the recorder was about TO call col.
Jones TO the stand. when Mr.. Meredith
asked that the other witnesses represent
ing Colonel Jones side be first heard. and
this was agreed to. Mr. Meredith stated
that ne would call Lieutenant-Colonel
Phillips. Major Derbyshire and ACjutant
Shepherd.
MAJOR DERBYsHIRE SPEARS
Major j. II Dcrbyshire was called as
the first witness in the interest Of Colonel
Jones. ard stated that he was president
Of the COurt-martial preceding the SEES
sion at which the court declared itself
illegally convened prior to the conven-
ing of the first session of the court" he
continued II was at headquarters. where
1 met Captain 6. BossieuX. and we dis
cusel court-martial laws at some length,
and also matters about the court on which
we had been appointed, and the latter
maintained that il was appointed illegally
Soon after Captain Anderson came
in, and also spoke on the illeSality of the
court, and ] was impressed by the fact
that the points made by him were almost
the same as those raised by Captain Bos-
sieuX Captain Anderson offered to show
me the authorities for his views, but ]
said / did not care TO see them. The
court soon after convened. but nothing
was done. the accused and witnesses not
being present. captain Anderson then
raised the same points, and / told him
to reduce his objections to writing. but
he refused to do so. and said he would
post the judge advocate. ! then adjourn
cd the court and returned to headquar-
ters TO change my Clothes.
while / was there Captain Anderson
came in and wanted to be relieved from
serving on the court. and when ;hat was
refused. he said he would submit the mat
ter to the judge advocate. saw the lat
ter and told hiY that If Capain Anderson
had any objections he should raise them
himself.
TO ATTEND THE MEETING.
"On December 10th / received note
from Colonel Jones asking me 10 come
10 the armory that evening. witness then
described what transpTed there. and that
Colonel Jones read letter which he mad
written TO Colonel Male also part OF
the latter's reply. and a copy of a letter
which Colonel Male stated he had receiV-
ed from the Acknowledgement in regard
to a decision Of the Governor relating to
general order, No. 3. Captain Anderson
then made his statement, which closed by
saying that they would test this matter
and the Governor had no right 10 issue
an illegal order. and that they would take
the matter to the Court of Appeals. Capt
anderson was very earnest in his talk
and somewhat excited but he said that
he had no animosity against Colonel
Jones and when he asked Colonel Jones
what th@y should dc j wrote memo
randum which | handed to Colonel Jones,
asking him not to allow himself 10 be
drawn into the controversy. Colonel Jones
made no reply. and Captain Anderson
took his seat. Captain BossieuX and some
one else repeated the question, and
then wrote another note TO Colonel Jones
to the effect that If he had finished with
the officers to let them go. They left
about ten minutes later. / had the i'm
preston that the officers would Lave
been much better satisfied if they could
have drawn Colonel Jones into the dis
cussion He was remarkably quiet, and
l think he kept his temper very well
l am certain that the opinion from the
Adlutart- General had been read. | took
particular pains to charge my memory
with everything that happened, thinking
that something more would come from 1t.
There was no objection raised as TO the
number Of the court. Captain Anderson
claimed that neither the colonel of reg
iment nor brigadier-general had a right
to call general court martial. ! think
Captain Anderson said that the only
thing The Colonel could do was to return
the papers but he did not indicate what
course would then be pursued by the
court"
A CoURT-MAETIAL MIGHT BIZ NECESSARY.
When questioned by the recorder. wit
ness said: II thought that 1t might be ne
ceesary to court martial some of The
officers present therefore l tried 70
charge my memory with everything that
Lappered at the meeting on December
10Th.
Upon questions asked by Captain An
derson. Major Derbyshire stated that af-
ter the adjournment of the court he
stopped for a few moments in the room
of company A. but he had no recoliec-
ton of Colonel Jones being there with
Captain Anderson and Captain Bossieux.
He did not remember that Captain An
derson stated at headquarters he would
i.,,,ff ka mo for IN Ia "A HN0cnfp