Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-25


| course would have been to send the pa
pers back 10 the court ana order tnem 70
| proceed.
BELIEVED 1T WAS ILLEGAL.
| Lieutenant 4. L. Jeter, Of Company A,
| waa next called to the stand He testi-
| fed that firm belief that the court was
illegally constituted was HIS only object
In taking the action he did. He iterated
| positively that II adjourned and did not
| d,ssoIve n the papers had been re-
turned 10 the court by the Colonel with d.
roctlons 10 proceed he said positively that
/ he WOULD have proceeded. His testimony
| was largely corroborativc OF that given by
| witnesses who preceded him. He detailed
the proceedings OF the meeting In head
| quarters-room. and said that Colonel
| Jones had censured the officers. but he
| saw nothing In his manner TO Indicate any
| defiance on his part. His statement OF the
/ proceedings conforrned in almost every
| particular with that given by Captain
| Anderson when on the stand Wednesday.
| do you know OF any facts whatever
| that would lead you to believe that Cap
| tains Anderson and Bossieux consplred
] and concocted together. and schemed to
bring about this Inquiry? was asked by
| Captain Anderson.
II do not, sir" was the reply.
The question was objected to by Mr..
| Meredith but was allowed by the court
do you know Of any motive of any sort
| inducing the court to take the action II
| did, other than a sincere desire to do Its
| duty?'' was asked. and the Lieutenant
replied that he did not. Mr.. Jeter said.
| Notwithstanding the fact that he thought
the court was Illegally constituted. he
would have voted to proceed had the
| papers been returned by the Colonel. with
| orders to do so.
WANTED TO DO HIS DUTY.
Lieutenant j. p. Davis, OF Company A.
was the next witness called. He was
member OF the court which assembled
| and adjourned on November 9th. and his
| only motive in adjourning the court was
| that he believed 1t TO be Illegally con-
| stituted, and he desired to conscientiously
| perform his duty. He denied that the
| court had been dissolved, and said that
he himself before adjournment asked OF
the judge-advocate If the court would
| reassembe IL ordered TO do so by the
| Colonel. He was assured that the court
| would obey the order. and an adjourn
ment similar to the adjournment OF any
| other court was had. In referring TO
| Colonel Joness department at the meet
| ing OF officers in headquarters-room, he
| said that the Colonel looked defiant, as
| though he had the right on his side, and
was defying all OF the officers. There
/ are, Sdlu ne, sumo incH WIN Cdii looh
| clean through you and make you feel
uncomfortable, and Colonel Jones did so
| that night. / left there that night
| firmly imbued with the idea that Colonel
Jones intended communicating us.
| This was merely an assumption on my
| part, however. as he did not so state
| TO US No defiance was shown by the Off
| GERS. Captain Anderson told Colonel Jones
| everything from to lizard, but he didn't
| get mad. He talked very earnestly
| though"
Being examined by Captain Anderson
| as TO whether he (Anderson) had said
anything in reference to his motives for
| having that legal point agitated In the
| court he said first that he had, and
| then contradicted himself He grew very
| nervous under the fire of questions, and
| this was the cause of his contradictory
statements. He was taken In hand by
| Mr.. Meredith and but little could be
| elected from him. Instead of replying TO
| questions as propounded TO him, he went
| off on tangents, and gave other facts
| than those desired by counsel He said
| he had never learned why he was called
before the Colonel, except that he was
| censured before the world. He was i'm
| pressed with the idea that he was going
| 10 be court-martialled.
| Where did you get that idea FROM"
was asked.
From Colonel Jones's eyes and his re-
| marks. Some people. everybody knows,
! can talk more with their eyes than they
| can with their months"
PROPOSED TO ACT QUICKLY.
Lieutenant John +. Stringer, OF Com
| pany d, was the next witness called. He
was a member Of the court-martial which
assembled and adjourned on the 9TH of
| November and was present at the meet
| ing held on the 10th of December. when
| Colonel Jones is alleged to have censured
| his officers. He testified that Captain
| Anderson advised Colonel Jones that the
proper course for him to pursue would
| be to send the papers back to the court
He could remember no reply to this
| Captain Anderson also asked the Colonel
| he said, what he proposed to do. and
| received the reply that he Colonel jones'
proposed to act and act quickly. Captain
| Bossieux, he said. asked the Colonel
what the officers must do. and received
| no reply. He understood Colonel Jones to
censure him for his conduct on the court.
| Upon the conclusion Of Lieutenant
| Stringer's examination the court took a
recess until $3.50 o'clock.
Evidence Taken I'm the Afternoon.
1t was o'clock before the court was
raped TO order by Captain Mushbach.
and he announced that it had been deter
| mined TO remain In session Until $50
| o'clock, and reassemble at and remain
until 10 o'clock. If necessary. Captain An
| derson stated that the annual entertain
| ment of the Westmoreland Club would be
held at 0 o'clock. and he had arranged
to take his wife there. He added that he
| would like, II possible, to be able 10
| attend the entertainment The court re-
| considered their decision. and resolved
not TO hold a night session.
| Colonel Boykin introduced Mr.. j. G..
| Winston as substitute reporter, TO relieve
| Mr. Brown, and that gentleman was
| sworn In.
Lieutenant NJ. r. Mills, of Company +.
was the first witness examined after the
recess, and he testified that he was a
member of court held some months
ago for the trial of Mr. DePriest His
impression was that the court was not
ordered by Colonel Jones' but by Acting
| Brigade-C Commander Colonel Male. He
| had served on two courts-martial, both OF
which were termed general courts-mar-
tial and consisted OF thirteen members.
| One of them was ordered by Colonel
| Jones and the other by Colonel Nalle In
explanation Of the fact that Colonel Jones
| ordered the second court, ne said that he
had raised the point of the legality Of
A court appointed by Colonel Jones, and
that the Colonel had appeared TO have
some doubt on the subject In very
short time thereafter the court appointed
by Colonel Jones was supplanted by the
one ordered by Colonel Male. He said
| Colonel Jones had told him that II there
was any doubt as TO the legality of the
court appointed by him he would have
one appointed by Colonel Male.
AROSE IN D'PRIEST'S TRIAL.
At the court first appointed by Colo
mel Jones, he said that the question Of
the legality Of general court appointed
by Colonel Jones was raised by Private
Bradley, OF Company A, who was before
the court for trial. In the examination, 1t
transplred that IL was during the De
Priest trial that the question of the He
! gality OF the court was first brought up,
and that Captain Anderson. as counsel
for DePriest. raised it, The witnesses
memory was not very clear as to this
point, and the order-book OF the regiment
was produced, but threw little light IN The
| subject.
was the DePriest case before the
| 49,