The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-24

| my action; such grave questions as are
! contained in this matter, farreaching as
| they arc in their effect on the discipline
! Of our volunteer militia, and the prece-
| dents which will be established. demand
[ in my opinion. this reconsideration
Very respectfully,
II. G. JONES.
Colonel First Regiment.
CiPTAGN ANDE RsoN oN THE STAND.
Captain George Wayne Anderson stated
| that over year ago, having been de-
| tailed on court-martial, | began TO look
| INTO the matter and became convinced
| that the manner Of ordering these courts
! was Illegal. ! endeavOred to convince
! Colonel Jones of it. but failed to succeed.
] thought he would only cali a regimental
court-martai, consisting Of three officers.
and not "a general court-martial. that
consisted of from five TO thirteen mem
bers subsequently party of Company
ID asked me TO appear as his counsel in a
court / did so, and became still more
convinced OF the illegaity. | forwarded
papers to that effect and never heard any
thing more about the matter, believing,
therefore, that ! had been sustained.
In November | received the order for
the court-martial under consideration. and
on one occasion met Major Derbyshire in
The armory and endeavored TO convince
him TO take similar views as TO the Ie-
gality, but was not successful. ] sub
sequenuy asked Colonel Jones TO be re-
lieved from the court. which had met in
the meantime. but was adjourned to a
future day, no cases being ready for trial
at the time.
20 REDUCE THEM TO WRITING.
"COl. Jones replieu / should reduce my
objections to the court IN writing, which
/ declined TO do. but / declared to be
willing TO submit my points 10 the judge
advocate. who, if he shared my views.
would have to bring them before the
court. and let the latter decide on the
ques ton. | left Colonel Jones with the
impression that he approved of my in
tentton To submit the matter to the Judge
advocate. ! was, therefore, utterly amazed
TO see the outcome. Next | received .
peremptory order from Colonel Jones to
attend certain meeting at the armory,
which ! diu. Al this meeting Colonel
Jones stated that we had been disobedi-
ent to military orders. and read TO us eN-
tracts from certain letters, creating the
impression that Colonel Male left IL Il
him to decide whether the officers should
he cOurt-martialed or not Had Colonel
Jones AT that time ordered the court To
proceed with the investigation, ii would
have done 50. | endeaVOred then and
there 10 convince those present that the
views expressed by me were the right
ones. Colonel Jones had no suggestions
TO make. and l then asked him il we were
TO be contaminated The answer was
evasive, and l then told my brother
officers that If it should be done. / would
try my best to take care of the other
Ctncers who had been on the court.
thought, under such circumstances, that
II would be best for us TO stand together.
Il thought the court was convened in
an Illegal manner, because il was ordered
by the Colonel, who vas not a general
officer, good deal was said at the
time Of General Order. No. g. but wheth-
or II was legal or Illegal, il had nothing
TO do with this court"
Witness next explained in detail who.
under the law. could order a court-mar-
tial and added that the officers under
stood at the time that Colonel Jones act
ed under authority from Colonel Male,
and that his authority was delegated 10
him Colonel Jones, ever since the ques-
ton started, had persisted that ne had
the right 10 call a general court-martial.
Had he not been acting under General
order No. 3. he would have selected d
different number OF members OF the court,
and he would never have sent the papers
on to Colonel Male.
CAPTAIN Anderson concluded his general
statement that he considered himself au-
thorized by Colonel Jones 10 submit his
objections TO the judge advocate and have
the court-martial decide on the same.
At this Juncture the president OF the
court announced recess until $3.50 +. NJ.
THr AFTERNOON SESSION.
when the afternoon session opened Col
onei Boykin stated that Colonel Jones
had been unable TO find certain letters and
orders to which he referred in his letter
to Colonel Male. After IL short consul
tation, the court agreed on a telegram TO
be sent TO Colonel Male. after having
been approved by the commander in chief
requesting him TO transmit at once the
papers in question.
UNDER DIgtCr PLANTATION.
Captain Anderson, who then resumed
the witness stand, explained that when
the urt-maTtiai came TO the conclusion
that II had been ordered in an illegal
manner. the question was discussed as
TO what the court ought TO do after the
papers had been forwarded and returned.
1t was then pointed out that If the order
was afterwards issued TO the court 10 re-
sumo the proceedings. this would have
been necessary TO be done. But In that
instance the members OF the court would
have been relieved OF all responsibility.
had 1t been convened illegally.
Witness added that there were several
inaccuracies In Colonel Jones letter. Inc
members OF the court had never seen an
order issued by Colonel Male. while they