The times. [volume] (Richmond, Va.) 1890-1903, 1895-01-27

II would nave been better to stand by the
laws of '70-7l. when regulations could be
made, than to tie, the hands by allowing
general courts-martial only to be called
by the Governor. III any one olspu.ea
the correctness Of Section "a. there could
be any one OF two reasons for it-ignor-
ance or characterization. He did not as
sumo that the counsel Of the other side
intended to commit characterization, but
he feared that he was too fond of his
own opinion. This section had been
thrown out by slight omission of the
clerk who engrossed the act.
For nine years orders had been Issued
under this section without having been
considered Illegal, and now they all should
be declared void.
Section 37i read as follows:
Section 374. How courts martial and
courts of inquiry appointed.-Courts mar
tial and courts of inquiry shall be APP
pointed, organized and conducted as pre-
scribed In the State regulations. as pro-
vided In this chapter for the goveipmeht
Of Virginia Volunteers. Their form Oh
procedure and record shall conform 10
that of like courts in the United states
army. .,a.
Mr.. Meredith said he did not THINK 'hat
any officer would accept the plea OF *
norance IL a court passed resoiutioh "e
cIaring itself illegally constituted
THE next thing TO be considered, couhsei
said was as to whether Colonel Jones
was authorized to call the ofilcers tose'n-
er on the evening Of Deceihper ,tai
speaking of how general courts mo- . .m
had been appointed in the past 'he
sneaker said that even the Commander
in-cbief had appointed a general court
martial of four members, including the
Judge advocate, to try a commissioner I'M
GER who was afterwards cashlereu' On
der general order No the only llihlta-
ton for the colonel was that ne couid
only appoint courts for the tfial Oh en-,
listed men; but for their trial he could
appoint any kind of court.
DID NOT INTEND TO cENsUBE.
Mr.. Meredith Said that Colonel Jones
would certainly not have intended 10
censure the officers. because ne told cap
tain Anderson he need not come that
night If he had other engagements The
only thing that could be charged against
Colonel Jones was that he had charac-
terized the action of the oiilcers AS
gross" misconduct, which was called by
the brigadier misconduct only. CouhSel
asserted that If Captain Anderson had not
been present that evening the ofhcers
would not have taken the stand which
they did
BY the law of Virginia the Governor
had a right to issue regulations as TO the
constitution and organization OF courts
martial. and for that reason General
order No. 3 was valid and should not
have been revoked by the Governor.
After a short recess Captain Anderson
arose to make his closing remarks He
first apologized in case he should have
gone too far in his language, but ne d'd
not think that his expressions had been
stronger than the facts and the evidence
justified. He did not think, however.
counsel of the other side was JUSTIFIED
to imply that there had been anything
improper in Captain AndeTson's condnct
at the meeting on December 10TH as long
nc fen witnesses had testified in detail
as to his conduct. that did not contain
ANYTHING improper. Counsel took the
ground that wherever the articles OF war
shifted the convenience of the other SIDE
they were accepted as existing by right.
while Otherwise they were refuted.
Captain Anderson next paid his respects
TO the argument brought forth by Colonel
Meredith, AMI in referring 10 the Acts OF
lS7O-'1 he said that 1t had been entirely
snpnlanted by the code of 1887, which
was totally different and drawn express
" FOR tire purpose Of making discipline
in the militia more strict.
In regard 10 section ga, counsel said
he had contended in his testimony that
ii had a powerful meaning as to what the
Lee
martial. and it was directly connected
with section 1903. He denied that he had
pitched section ga in the street, as as
serted by Colonel Meredith. He thought
Article No II had been adopted in Nr-
gnIa. and il vas there for any omer-
yency while at present ii could only be
exercised 10y the Governor. In speaking
of section 303. counsel said that ii adopted
the articles of war and allowed the COM
mander-in- chief to issue such regulations
as are not in conflict with the articles
Counsel said the articles Of war had
not only been adopted in Virginia, but the
officers who appointed courts-martlal were
DESTROYS of following them.
Suppose that Colonel Jones had acted
under General Order No. 3. and it was
legal and section 4 did authorize a gen.
eral court-martial, then the court on
which the officers sat was an Illegal one.
In closing Captain Anderson pointed
out few facts as they had been brought
out as the taking Of the evidence pro
ceeied He thought the evidence had
overwhelmingly proved that the officers
of the court did the very best they could,
and what they considered TO be their
duty.
The court announced that It would
take the matter under advisement and
probably REACH a dicision some time on
Monday. In the meantime 1t would stand
adjourned until Monday morning at 1879
o'clock.
The following verses are evidence Of the
inspiration derived by a prominent law
yer who listened TO the arguments
brought forth during the evening ses-
sion:
For courts I am partial.
And like a court-martal,
Provided due limits are kept;
But why i'm the devl
ShDnid martial or civil