Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-24

convincing several officers present, ne
thought. He said he asked the Colonel
the point-blank question. Are you going
TO court-martial usy' and his reply being
evasive. he believed that such was the In
tention OF Colonel Jones.
THE OFFICERS WE'RE CENsuRED.
Being asked by Captain Mushbach
whether or not any oral censure was adj
ministered TO the officers at that time by
Colonel Jones. Captain Anderson replied
that there was. Returning to the original
question-that Of his reasons Tor consid-
ering that the court Of November 9th was
Illegal-Captain Anderson said that In the
first place a colonel was not general
o4Qfer. and hence could not order gene
raj court. The Virginia law, he said. was
very deficient In so far as 1t related to
courts martial. and the officials were
forced to rely wholly upon the articles
OF war. These were very emphatic in
stating that a colonel was not empowered
to order a general court-martiai. nor could
that power be delegated to him. and
hence the court OF November 9th was
Illegal.
In concluding his testimony Captain An
derson reiterated his statement that he
considered himself authorized by Colonel
Jones to post the judge-advocate and
have the court take up the question Of its
own legality.
Testimony in the Afternoon,
The court took an hours recess for din
ner, and upon reconvenng, about 3i5.
Captain Anderson was continued on the
stand. In reference to the second letter
written 10 Colonel Male by Colonel Jones.
and the statement that witness had taken
issue with the Governors order. he said
that he was misquoted. and that he had
not taken exception to the Governors
order. Being cross-examlned by Colonel
Boykin, Captain Anderson reiterated his
previous statement, and ampllfied some
portions OF it. In reply to direct ques-
ton. he said that the court-martial did
not dissolve itself, but decided that 1t
was Illegally constituted. and adjourned,
in order to send the papers to the colonel
OF the regiment, with the understanding
that II they were returned with the order
to proceed. the court would do so WIZ
ness was not positive, but he thought that
he derived the Information that the act
ing brigadIer general had delegated the
power to order a court to Colonel Jones,
from the judge-advocate.
WANTED TO BRIGHTEN THEM.
He quoted as we'll as he could remem-
Der the language used to him when the
officers assembled at the Armory pur-
suant to the order OF Colonel Jones. ana
were censured. and gave 1t as his opinion
that Colonel Jones mad assembled them
there only for the purpose OF frightening
them.
MIR. Meredith then took charge or the
cross-examination, and asked a number
Of very pointed questions. 1t was nip
and tuck between the examiner and ex-
aminei. and although Captain Anderson
answered every question propounded 10
him. ne did nothing more than to answer
them. and IL took from three to four ques-
tons TO elicit an answer. which ordinarily
would have been given to the flrst. The
examination was most amusing, and yet
exceedingly serious.
When asked II he replied to Colonel
Jones when taken to task, Captain An
dorson said he did not.
"Weu. why not?" was asked OF him.
because / didn't please to- was the
reply.
well; what reply would you have
made?'
"a disrespectful one"
The witness was made to answer
number Of other questions, and, then be-
ing asked II he had posted Lieutenant
p.vnter the tudge-advocate of the court
as to the law, replied in the aifirma-
tive.
A LAWYER AS WITNESS.
Mr.. Meredith attempted to establish the
fact that Captain Anderson had endea-
yored by talks with the members or the
urt-martial to cause them TO vote Icr
the dissolution of the court He failed,
however. and proceeded on another tack
Trying TO make witness admit that ne
had as set forth by Colonel Jones In
his second letter to Colonel Male. taken
issue with and questioned a ruling or
the Governor. Mr.. Meredith asked cap
tain Anderson If he did not allude 10 the
Governor during the course OF ms arsu-
ment with Colonel Jones at the tih'e
the officers were assembled in headquar-
ters-room. Captain Anderson replied that
nc had stated that the Governor was
bound by the laws of the State, as well
as any other citizen. Nothing further
could be elected under this head.
General Order No. 3, merging all OF
tho five courts into one. which was
issued by Governor Cameron. and re-
Gently made imperative by Governor
O'Ferrall was next treated or 1t was
Under this order that Colonel Jones or
d. rsti the court-martial which convened
on the 9th of November, ana the ques-
ton of its legality was taken up by MI.
Meredith. Captain Anderson stated tnat
the order was Illegal because oil the iact
that It did not distinguish one court from
another.
He was then cross-examined as to the
number which should constitute regl-
mental or general court-martial. but lit
tie could be gained.
A SPAT WITH GERIIARDT.
Lieutenant Gerhardt asked witness II
he was not the leader OF the disturbing
element which put stop to the court.
II decline to answer that question:
was the Captains reply.
"Were any others associated with you
as a disturbing element" was next ask
ed.
.If the counsel will put his questions
In n courteous fashion / will answer
them"
"Will you kindly frame it for me-
them
Leave out any reference to disturbing
element. l will not submit to beins
classed as SUCH
Several other questions were propound-
ed by Lieutenant Gerhardt, and he sug-
gested that 1t would be well for Captain
Anderson to read Winthrop. The Cap
tain retorted that the Lieutenant would
do well to do the same. and the presi-
dent OF the court was forced 10 call
them TO order.
CORROBORATIVE TESTIMONY.
Captain C. Gray Bossieux was next
called, and his testimony was largely
corroborative OF Captain Anderson's He
said he was present at conversation
which took place between Colonel Jones
and Captain Anderson on the night OF
the court, and he heard Captain Ander-
son ask TO be relieved from duty on the
court. Colonel Joness reply was. Put
your objections in writing and / will at
tend to them" Captain Bossieux saiG
that he himself had suggested to Colonel
Jones that 1t would be wise for him TO
stop ordering general courts-martial. and
to have only reglmental courts. No re-
ply he said, was made to this. In re-
Spouse to a question asked by Captain
Anderson, Captain Bossieux said he
thought Colonel Jones had acquiesced IN
Captain Anderson's suggestion that he
(Anderson) post the judge-advocate. ana
sanctioned such a course. He testified
that so far as he knew the court In
adjourning was actuated by no other
motive than a sincere desire to con-
scientiously perform its duty.
Captain Bossieux took exceptions to the
words. defiant attitude" used In Colonel
Jones's second letter TO Colonel Male, in
connection with him. and disclaimed any
defiance on his part. Said he: Had Colo
mel Jones answered me when / asked
him for advice as to what we should do.
think there would have been no necessity