Evening star., 1895-09-06
LATE NEWS BY WIRE
The Defense in the Sumner Court
Martial.
A NAVAL CONSTRUCTOR TESTlFIEO
Lieut.. Commander Mark Speaks
for the Prisoner.
ADJOURNED UNTIL MORNING

NAVY YARD, BROOKLYN. N. Y, Sep
tember G.-The court-martial which IS try
ing Capt. George w. Summer or charges
of neglect of duty and culpable inefEicency
on account OF the injuries sustained by the
United States cruiser Columbia while In dry
dock at Southampton last July will proba-
bly, finish its work this evening.
Lieutenant Commander Mark, who rep
resents the accused captain, was early on
hand this morning and as soon as the court
reassembled he called Naval Constructor
Francis 4. Bowles.
The witness testified that he had docked
the Columbia in the Brooklyn dry dock af-
ter the cruisers return from Southampton.
He examined her injuries and said that
they were not serious. He described them
as being 6, nerally local in nature and not
structural. He found the edges of the fiat
keel hent and some Of the stanchions buc-
killed.. After having studied the docking
plan of the cruiser, the witness said that
these injuries were sus tained through the
bad alignment of the keel blocks fore and
aft in the Southampton dock. From what
he had learned these blocks were not
square athwart the ship.
This question was then put to the wit
ness:
when the docking plans of a vessel and
all other necessary information have been
given to the docking master and injuries to
the vessel have been the result. who do you
think is responsibie?"
After some hesitation the witness re-
piled: IF the captain gave me the docking
plans and information should hold myself
responsible"
"As a naval officer or as civilian?'
asked President Sicard.
"As civilian, sir was the naval con-
structors reply.
In reply to another question as to the
snoring after docking. the witness said that
1t would be useless, and to prevent further
straining it would be necessary to have
larger quantity of snoring timber than that
which is usually available at cry docks.
The witness further stated that, in his
opinion the injuries to the vessel We're all
sustained during TIE first day of docking.
and th1 information which was received
about the matter was SO contradictory that
he felt confident there must be some error
in the reports.
AS an expert constructor. Mr.. Bowles de-
scribed how a ship should be dry-docKed.
but he would not say what the captain
should have done. 1t was very evident that
the object of the defense in calling the
naval constructor was to show that Capt.
Sumner was rot to blame for the imperfect
docking of the cruiser, and that the respon-
sibility rested with the docking company.
AS soon as the witness was allowed to go,
the men who testified yesterday We're called
in and handed back the copies of their
testimony with all the necessary correc-
tions.
Lieutenant Commander Mark then said
tnat ne had no more witnesses to call for
the defense
Argument for the Defense.
The defendants counsel then addressed
the court in behalf Of Capt. Sumner. He
said that everything Capt. Sumner did was
done with due care, and at no time did he
exhibit the slightest negligence in the per-
formance of his duty. His interest and
concern In the ship he commanded amount
cd TO almost perfection, for he was proud
OF the honor OF commanding the Columbia.
The unfortunate chain of circumstances in
oicated that blame must be attached some
where, and the captain was ready to ac-
knowledge any wrong of which he may
have been guilty.
1t was only in the first charge and specfi-
caticn that Capt. Sumner considered that
he might be considered partly responsible,
for had he to perform the same duty again
he would perform it in a somewhat differ
ent manner.
He then went on to tell how the captain
had received orders of an urgent nature to
prepare for speed trial across the Allan
tic. and that there was only dock in South
amptcn that would take the Columbia. The
captain had assured himself of the reia-
biiity of the firm owning this dock and the
capability of the men employed, and was
perfectly satisfied with their assurances
that everything would be all right. Capt.
Sumner was aware that tn. safety Of his
ship at all times was his chief duty on
earth, and the failure to execute that duty
was only an error of judgment.
1t never reached the gravity of the first
charge, and his ability was we'll known,
and all his time and thoughts were devoted
to the proper performance of this duty
1t now remained for every member Of the
court, each of whom has commanded ships,
to ask himself whether he would, under the
same circumstances. have done more in
the premises than Capt. Sumner did.
Referring to the second charge and speci-
fication, the defense claimed that there was
no proof whatever to SUI stantiate them.
The captains opinion as to the safety of
his vessel was paramount to all of those
under his command.
CHpt. Summers Examination.
His ship had settled in the dock; the ac-
cused commander made thorough exam
ination of the state of affairs, and was con-
ViLced that whatever damage tten existed
would rot be increased. In this he was
backed up by the dock master, and the
testimonies of the navigator, chief en-
greer and senior assistant engineer show
ed that they were of the same opinion
The trip across the Atlantic and the ma
tIre OF the damage found when she reach
Ell here proved conclusively that the ship
ne rseif mad not been injurIously strained
although the outside skin HAD been injured
IN regard to the third charge and specif-
caIlon, Lieut.. Commander Mark referred
to Capt. Summers evidence He said the
cap aims conduct, instead of negligent. was
commendable. To have a man-of-war
leave foreign port without having paid
her bitls would not have been a pleasant re-
port to have spread, and especially as these
thlngs are always very much garbled The
docking firm. he said, was a well estab-
Hshed one, and any claim upon it could lie
as easily arranged now as it could have
been tefore the Columbia left England The
payment under protest would, he believed.
be considered the proper course by the
court.
In concluding, he stated that the standing
Of Capt. Sumner and his reputation mad
not been touched upon. The captain was
an officer of high rank, and we'll known to
every member of the court.
The proceedings were then adjourned un-
til 10 O'Clock tomorrow morning.
WILL CUT DOWN PURSES.