Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-27

court was In error In that they intended
from the outset TO pass on the legality OF
the court, but that he had no idea that
they had any wrongful Intent. lie dis
claimed any intention OF casting rehec-
tons on the officers who composed he
court. and said further that he would
not DO 50 under any circumstances. This
answer satisfied Captain Anderson. and
tho troubled waters were soon smoothed
over.
DISOBEY If NOT LEGAL.
In reply to an interrogatory Of Captain
MushbacA, witness said he d!d not &C.
cuse the officers Of having been guilty
OF gross violation OF military discipline
except in the reading OF his letter to Col
oncl Male. The attitude OF the officers al
that meeting created the impression on
his mind that nothing he could say would
avail aught. and hence he declined TO
answer their questions or make any suB-
gestions.
In answer 10 n direct question from
Captain Mushbach. witness said that an
officer should refuse TO obey an oruer
which was manfestly Illegal. This con-
Guided Colonel Jones's testimony ana AT
the request OF Mr.. Meredith Captain
Anderson took the stand and testihed
that Lieutenant CarbauGh, who gave eN-
pert testimony on Friday night. stopped
over in Richmond in response, 20 n tele-
gram from himself Captain Anderson
MAJOR EVANSS OPINION.
II was then announced that Major
Evans was I'm the room. and he was
called 10 the stand. He was asked
whether or not general courts-maruai
had been ordered for the First Regiment.
through the brigade headquarters, ana
replied that that was matter or record
and his memory cid not serve him SUM-
GENTLY TO enable him 10 reply. lie was
under the impression that no one bu'
the Acknowledgement had authority to
order a general court-martiaL General
order No. 3. he thought related only
to summary or reglmcntal courts marital.
and that a general cOurt-maTtial could
not be ordered under II.
This concluded the taking Of testimony,
and the question OF argument was taken
up. Colonel Boykin asked whether the
court desired written or oral argument.
Captain Tomlin stated that for his part
he would prefer the submission Of written
briefs. Captain Anderson then arose and
said that he did not consider that the
counsel for Colonel Jones had the risht
10 argue either IN writing or orally. The
court considered this contention. and de-
cided that unless Captain Anderson could
introduce some specific ruling or au-
thority 10 the contrary. they we're in
clined 10 and should permit Colonel Jones
70 set forth his side of the case through
counsel.
Colonel Boykin argued that the position
Of Colonel Jones 50 nearly approached
that OF an accuser that the line OF de-
narration was vague and shadowy. and
hence he thought that he should be per-
mitted TO argue through counsel
II was decided that both sides should
argue. and Messrs Meredith and Ger
hardt We're allotted one and one-halt
hours between them. and Captain An
derSon was given two hours. II was de-
cided that he should open and close. and
that Colonel Jones's counsel should in
tervene. 1t was also arranged that Colo
mel Boykin should close the entire argu-
ment II the court desired him 10.
\ recess was taken at $50 o'clock until
S o'clock.
The Matter Argued and Submitted.
1t was some time after S o'clock when
the court reassembled, ana every avail
able inch OF space in the rather small
room was occupied by an eager crowd
OF spectators all bent on hearing the
argument of counsel As soon as the
body was raped TO order Captain An
Gerson commenced his argument After
some few Introductory remarks he ar
gued that the courts action in declaring
itself Illegal was only performance
OF its duty. and that II would have
been dereiict had IL not done so. The
members OF IT, he said. were not obsti-
nate, were not contumacioUs, but were
sworn officers. intent on doing only what
they conceived TO be their duty. Colo
nel Jones's procedure he characterized
as an outrage on justice and an out
rage on common sense. He argued that
because Of the illeGallty OF the court,
the Commonwealth was not represented.
and hence there could have been no
trial The members Of that court did
their duty according to their ideas Of
duty. Their intelligence might be i'm
pugued. but their motives certainly could
not Is it conceivable Captain Anderson
asked. that If a court Of justice believes
that II is illegally constituted. IT cannot
entertain plea to this effect? The
foundation Of every court Is and must
be that a person who administers justice
must be legally qualified 10 do 50.
Speaking 70 Colonel JOnes'S statement.
that he assembled the officers for the
purpose of obtaining further informa-
ton, Captain Anderson said he didn't
want any Information, he didn't expect
to get any information, and he coulGn
have gotten any information that he
didn't already have. During the course
Of his remarks the speaker stated posi-
lively that the colonel Of the regiment
did not know his duty. In closing. he
argued that if the court had been guilty
Of an error, II was clearly the duty Of
the reviewing officer to set them right,
end not attempt to censUre them or have
them censured.
7 A N-rN = I'D II CDT-T~CsfT
As soon as Captain Anderson con-
clUded, Lieutenant Gerhardt arose. lie
asserted it as his belief that the mem
bers Of the court that did not proceed
had erred. but not intentionally, and
that Colonel Joness position was un-
doubtedly the correct one. He said that
II was absolutely absurd to contend that
a colonel in the army was empowered
to appoint a general cOurt-martial. but
Article a. on which he based his as
sumption, he said. could not apply 70 the
State of Virginia. In reference TO the
oath taken 10y the court. he disclaimed
any idea that the members had been
| guilty OF any criminal action, but
| claimed positively that they had been
| guilty Of an error in judgment HIS
I argument largely consisted Of references
| 10 various authorities. memorandums OF
| all Of which the court made.
REMARKS OF MIR. MEREDITH.
| 4 short recess was taken upon the con-
! clusion Of Lieutenant Gcrhardts arsu-
| rnent, after which Mr. Meredith spoke.
! lie expressed his regret a, the dispute
! which had arisen in the regiment. Cap
tain Andcrsons speech, and his refer
! ences to Colonel Jones especially, he
| characterized as most unfortunate and
unjust, and advised the court that they
! might readily judge from his remarks
! last night, what was the nature or ms
! talk in the headquarters room ~heA
/ Colonel Jones invited his men In for
! conference. The question, he said. for
the court 10 settle was, first. whether
the order Of Colonel Jones converting
the court-martial was correct, and then.
II the conduct and action Of the members
OF the court was correct. by repeated
J references to the Code he endeavored
TO show that for years back the Legis-
! lature had not intended that the laws
rovernlng the military Of the state should
| c1nform strictly 10 those governing the
| United States army. lie stated directly
10 Captain Anderson that he did not be-
/ How. him guilty OF 0SubOTdlnatiOn, bu'