New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-07
ON TRIAL FOR PERJURY T..
MEDICAL INSPECTOR EDWARD KERSH-
NER BEFORE A COURT-MARTIAL.
JOSEPH H. cHoArF. COUNSEL FOR THE ACCUSED
MAN. IN WASHINGTON - THE TRIAL All
JOuRNED For WEEK - mon or

| JOSEPH II. CHOATF. COUNSEL FOR IfiE A|'''@D
| MAN. IN WASHINGTON - THE TRIAL AID
| JOURNED FOR WEEK HIGH OF
| F1cIALs AT THE NAVY YARD.
| Promptly at noon Yesterday the trial OF case
| without parallel in the history OF the tnited
| States Navy began in the court-martial rooms III
| Building No. T. In the Brooklyn Navy yard Ed-
| ward Kershner who has been a member OF tne
| Medical Corps OF the Navy since August o. 1867
and has risen from the office OF assistant surgeon
to the rank OF medical inspector and the position
OF fleet surgeon OF the North Atlantic Squadron, APP
peared before one OF the largest and hghest-ranA-
ing courts-martial convened In the service 10
answer charges of perjury and Violation or IN"
Naval regulations The circumstances which led up
| 10 the trial comparatively familiar ana date
| back 70 February q last. when the captain OF
| Nova Scotia vessel aske'l medical assistance from
| the New York the flagship Of Rear Admiral Meades
fleet then lying at Barbados. Inspector kershher'
| fearing that yellow fever might be brought on board
the flagship declined to send either Of his assist
ants Passed Assistant Surgeon John r. Uric and
| Assistant Surgeon Frank &. Cook. 10 the vessel
until a mandatory order compelling him 10 do SO
had been Issued by Rear Admiral Meade. In com
manl OF the squadron The case was found 70 be
Of simple poisoning the patient was success
fully treated AMI the correspondence relative TO tho
matter was forwarded to the Secretary OF the Navy.
Mr. Herbert sustained the action Of the Inspector
| In declining 10 send surgeon 10 the vessel ana
| incidentally raped Rear ADMIRAL Meade over the
knuckles for his action In the matter Eventually
| the whole correspondence between the surgeon ana
tho Rear Admiral and the Secretary found lts way
| into print. and court II inquiry was called on
hoard 81 the New York, then at Kingston, Jamaica,
| 10 nnl out why ana how the newspapers obtained
| tho details Of the affair
TIM charge Is now made tnat Dr. Kershner per
iurr1 himself mat ~ inquiry, That hn Tor
wariei the correspondence for publication and IN
that act violated The naval regulations ami ~
| swearing a. M contrary committed perjury
| uaar- Aimra iohn u walker, chairman ~ tho
| Lighthouse nN,ri tho prnalirni ~ lh" court oil
tsfni ihn fopn ~ n H. q ~, dressed ~ ~ olynn,
bat, iotfipa ip another room, pni un tho fn lt"HF
uniform ~ hia ,,nh. AMI on ~" stroke ~ "'lHht
boia" calin1 tho court ~ order Al hands Wrf"
pfoseni ln,luing pr Nrrahn"r nnl Mn junior o'nn
sel. T. u iilnsInle. Of The Law offices ~ Evaft'
,noito a Ii"imhr. Tn" other m"nibofs ~ ~" court
nrD cominoiofo Rush Il Wallace. ~ inc Newport
Sayal station, captain slns Casey. In conmnnI ~
tho receiving ship Vermont, Captain M'n'll =
schl,y recently In charge Of the laird lightfous"
District. bu, now member 81 the Board ~ Insprc-
ton ami survey. Captain Theodore J.. Kane. VINO
ls on waiting orders captain Albert kautS. n com
mnnd ~ tho Wabash the receiving ship ~ iiosion'
captain Henry T.. Picking. IN command Of The Min
ncsoia; Medical Director Edward = lioger of the
Savai Hospital. and Henry VI. Wells. OF n" hbora-
tory AMI Medical Inspectors charles H. White ana
Thomas y Penfofe ~ tho navy farl sian with
Lieutenant Iaiucn"frcr,
Judge Advocate ~ tho court He Is attached 10 IN"
Judge Advocate Generals Office. and Il regarded as
on able lawyer.
Lieutenant Iauchelmer read the Sccretary's order
converting the court. and br. Kershner expressed
hla satisfaction with the composition OF the tri-
bunal The first question asked OF the doctor was
do you desire counsclr' Ayes.
Whom do you desire? A.-Joseph H. Choate
and T.. ~ Hinsdalr.
Tho Judge advocate was then sworn. and he In
turn administered the oath TO the members OF the
court Tn. reporters were then ordered out OF the
room while tho charges were read and pronounced
technically correct. Specifically they as fol-
lows
Under charge !. violation Of lawful regulation
spcrincations quoting the correspondence concern
INK nr kcrshner's refusal 20 attend a call from a
Gv| on cT ab cgf'S MaS S M orWar the
ndenr@I IN PrSa'f Letter 10
charge -Scandalous conduct to the destruc-
ton % good morals Tho Two spccitcat'onS alese
that being called before a court of inquiry held on
Atannc Staten ana hs dne sod h"rs mn WEI,
March. 1856 forwarded TO the surgeon General OF
the navy. at Washington u. g. substantial copies
81 s m the scprs snS of Gn s Of
these charges dd state 10 sa.! court that no copy
hands AZ any tine. except COPY OF the second in
dorscncni signed by hcar-Admlral Meade; and
testimony false and intended to de-
c"ivc. dl thereby knowingly and wilfully violate
III" sanc'ity OF the oath taken hy him TO tell IN"
truth. the whole truth and nothing bur the truth.
this the scandal and Disgrace OF tho naval
vice. and he. the said Kershner. well knowing that
ne had. or about the Is; day ot March 1855.
forwarded % Medical Director Dciavan Bloodgood.
L. :. y. rctircd. AZ brooklyn. y. Y. substantial
copies of all the several reports. letters and in
dorscmenis referred 20 In tho second specification
OF the first OF these charges did state said
that copy of any part OF said correspondence
had left his hands.
After the reporters were readmlt;e1 70 the room
Or Kcrshner announced that ne was ready for
trial. when Mr. Tlnsinlc said: Mr. Choa,e is de-
tanned I'm Washington on business connected with
the income bcfor. the Supreme Court
II Is manifest that this ~ serious case. and do
not feel Tx" taking the responsibility Of Dis
cusson OF the charges In the absence Of the chief
counsel" He then asked for an adjournment for a
week and, after consultation. Rear Admiral
Walker announced that a recess would be taken
until o'clock. In order to communicate with The
mcssagr sent to secretary Herbert recon-
mrnding that the request be- granted ana ~
O'Clock. when the court reconvened. reply had
been received. \ few minutes later. however. a
dispatch from Secretary Herbert received
granting the request - Dr. Kershners counsel and
the trial adjourned untl Monday next ~ Il
Tho plan of defence would not 10 outlined by Mr.
IIlnsda,". who said that. while he had great re-
spcct FOR IN" newspapers ana their reporters he OBJ
icctrd % trying = case IN the public prints and
would say nothing to what limo would be- pur
sued. u - probable. however that Mr. Choate
will develop line which VIII furnish surprise for
question TO whether the rcrua tion said 20 have
been vlolni"i ~ n lawful regulation viii be "A
subject Of discussion and Just how far II carries
except IN case OF Will b. thoroughly explained
In the mean time IN" officers called from distant
citations as memh"r' O' the court witnesses viii
XIII week NJ best they may, but VIII not dis
York