The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-26
INCREASING In INTEREST.
The Court Receives Information as 10
C0urlS-kartial.
IN ARMY OFFICER EXPLAINS The LAW.
Third Day of the Investigation At the
ArmorJ-Coioucl II. &. Jones Tells His
yersion-A Detailed Report
Of the Testimony.

IL was little after II o'clock when the
session OF the third day OF the court OF
inquiry opened at the rcgimental armory
yesterday morning. Without any further
prelminaries tho taking OF evidence was
at once continued. and Lieutcnant-Colonel
Phillips was called to the stand.
When asked about the meeting at head
quarters on the evening Of December lOth,
witness stated that he was a little late
in getting In. Colonel Jones read several
communications. or portions Of them. TO
the officers present. and after concluding
the reading. asked them what they had
% say. Captain Anderson then made
some remarks. and Captain BossieuN ask
"a a question. Witness was not positive
that other papers had been read. but he
remembered that the proceedings Of the
court martial were read. He did not re-
member whether any enclosure TO Colonel
Males letter was read. Captain Andcr-
son. in Justification OF his actions. read
Sevcra, passages from the military law.
lie was very positive In his manner of
speaking. believing 20 be right and to
have acted only in the interest OF the
service. Captain Anderson said that, as
FAR as the opinion OF any one else was
concerned. the Governor was as much
obliged 90 obey the law as any other hum
bic citizen. Witness said he inferred from
Captain AndcrsOn's language that the
officers proposed 20 stand together. Col
one Jones on that occasion was very
candid ass usual and positive. and when
asked what the officers should do he did
not reply.
When questioned by the recorder. Col
oucl Phillips stated that he did not con
slider Captain Andcrsons conduct and de-
mcanor as disrcspectful or bordering
on INSTRUMENTATION. He thought Captain
Anderson, as well as Colonel Jones, were
positive and earnest in their statements.
Colonel Jones made a statement TO the eff
fcct that this was matter Of grave i'm
portanee' which might lead to court
martial.
Witness entered the regiment i'm 1861.
ana mas been a member of " ever since
with The exception of about three years
lie only served on one court-martial. and
d.d not consider himself an expert on
such courts. although ne had a general
knowledged Of the courts lie did not
consider II an act Of characterization on
The part OF such a court to decide that
ID was without jurisdiction.
WOULD HAVE TO PASS oN QUESTIONS OF LAW.
To question put by Captain Anderson.
witness said that nc was the second OH
Ger in the regiment and. I'm the absence
OF me colonel. he would have to pass
on questions Of the law concerning the
regiment He thought that If Colonel
Jones desired 20 rcprimand his officers he
would act as ne did on the night of De
cember l0jh. lie had never seen Colonel
Jones EXHIBIT any violent manner He
was always cool and collected. while he
might be positive in his conduct He
could not say whether Colonel Jones read
the letter of General Anderson referring
20 the Governors opinion I'm regard to
General order No o.
lie rsmerDbsvad tb.t fr,,,,f. A1--.-.-.
read passages from the military law. but
dId not rcrollect what they were about
captain Anderson said at the time that
what he did ne did only for the good of the
regiment. AFTER the meeting Colonel
Jones asked me" witness continued
what j thought Of ii. ! told him /
thought ne made a mistake by ordering
the general court-martial. but there was
81 way for him 10 find out. If ne ascer-
taiucd that he was right ne should order
IN" court 10 continue. and IL not 10 is
sue an order dissolyiug the court. think
Major Derbyshire agreed with me at the
time. ! did not make any suggestion to
him. but only told MIN what I would do
81 were In his place. As to the por-
uons OF the letter read by Colonel Jones,
] would not undertake TO say what was
read, and what Was not read. l did not
think Captain Anderson was disrespcctful
when he asked Co.oucl Jones what the
natter w tutti the ottiCtiS 10 90.
THE ADJUTANT SPEAKS OUT.
Adutant L. A. Shepherd was the next
witness, and he also related what he re-
m,mbered of the meeting at hcalquar-
tiers on Dec. 10th. lie entered the room
when Capt. Anderson spoke. The latter
said 10 the officers We're to Ice court mar
udlcd they would stand together and if
necessary carry the matter To the highest
.rf..ss. d.. u
90 question. some one moved 10 adjourn.
ana the meeting WAS adjourn cd. Tie
tIl rot see any difference I'm Colonel
Jones department from other occasions,
ne was very rcticent and ala not say
anything. He did not know whether this
meeting was one where any one could
offer any motion. Captain Anderson
spoke very earnestly, and probably was "A
htle excited. lie did not hear any pa
perS read. nor was ne present when the
object of the meeting was stated by Colo
mel Jones.
when asked by Captain Anderson. wit
ness said ne aid not rccollect whether
Captain Anderson asked Colonel Jones il
he was going to Court-martial In. off
GERS. The meetings ordered by Colonel
Jones almost invariably adjourned bv a
motion. He never had any conversation
with Colonel Jones since in regard Ia thar
meeting The meetings of the officers. as
a rule. were OF conversational cbarac-
Ger and old not require a strict observ-
ancc Of military etiquette and rank: I'm
fact. ne did not know Of any meeting
where military etiquette was strictly on
forced. 50 far as he could recall there
was nothing different from other occa-
sions IN the adjournment of the nicotine
on December 10Th. 10 was not a regular
gcctng. no officer acted Ak secretary. nor
was any record of the meeting kept
CAPTAIN GAsstR NEXT
Captain Charles Gasser was tho noyt
witness. He said that he was a meobor
Of the court-maItial on December nm
and related his recollections as To the
proceedings OF that court. Re also re-
lated what transprcd at the meeting of
the officers at headquarters on December
l0th He aid not remember having heard
anything read besides the proceedings OF
the courts aud the letters Of Colonel
Jones and Colonel Male. Witness voted
with the majority Of the members tbat
The court was illegal. and while ne
thought that he could defend his action al
the subsequent officers meeting. he ala
not attempt 20 do so. Colonel Jones not
cd in cool and dienihed manner ana
when asked what he was going TO DO In
the matter he said he was not prepared
20 answer.
When questioned by the recorder. wit
ness said that he believed the court TO
nave been an illegal one. but he did NOT