The times. [volume] (Richmond, Va.) 1890-1903, 1897-11-20
THE WORK COMPLETED.
THE GENERAL -MdRTf1L
DIsPOSEs OF ALI CASES.
The Findings VIII at Once BE Submitted
to the Commander-in-Chi ef--No more
Cases TO be Tried for the Present.

The general court-martiai appointed
some time ago by order Of the Command
er-in-Chief TO try the cases Of the men,
bers OF the Virginia Volunteers VINO were
charged with violating the rules ana
regulations Of the Virginia soldiery' re-
convened at the regimental armory last
evening and finally disposed OF the case
OF Abraham l.. Morton. OF Company Is,
First Battalion (colored), Virginia Nolun-
teers.
Colonel George Wayne Anderson, couns
sci for the accused. raised a numpct q,
legal points. which. however, were all
ovcr-rulcd by the court
The Morton case was the last one sub
mitted 10 tho court. and it Is very likely
that this court will have no further busi-
ness TO transact. unless It IS continued
by Governor Tyler after taking charge
Of the government OF this state.
THE PROCEEDINGS
The court was called TO convene AT .
o'clock, but there was considerable ue-
lay inasmuch as Mr.. John ID. Richie,
the stenographer. failed TO make his ap-
pearance. and IL was not until $50 +. VI.
when tho court was called 10 order by
Major W. p. Simons. the president. All
the members OF the court were present.
Judgc-Advocate WOon announced that
he would continue the trial of First Lieu
tenant Abraham l.. Morton. First Bat
TALON (colorcD. Virginia Volunteers. VINO
is charged with absence without leave 10
the prejudice Of good order and military
discipline and with absence from COM
pany rendezvous.
Before going into the case the Judge
Advocate stated that IL was his duty 10
receive the charges as they are trans
mitted 20 him by the Governor. mas
much as Colonel George Wayne Ander-
son. counsel for the accused, had called
for the roll-bOoS which had been signed
officially by the captain or the com
pany. he was willing 10 accept that
book as evidence. ,
Captain Woon then stated that TINS
book showed the accused 10 have been
present on the following evenings. on
which he was absent according 10 the
charges and Specifications: April 9Th. lsth'
2Nh. May nth. June 10Th, July oth' ~
gust Sd. I'm view Of this fact he was WIZ
ing 90 strike those dates from the speci-
fcations and try the accused for his an
sence ON the other dates.
The stenographer then began the read-
ing OF the record OF the session or lnc
court on Monday when the case vas VIZ.
first taken up but IL was subsequently
waived bv counsel for the accuesd
Counsel then desired 20 know whether
the roll-bOok I'm question hau atie.'ug
been nut in evidence. and he was informed
bv the president Of the court ih"l '''S
was not the case.
NOT IN EVIDENCE.
Colonel Anderson then stated that mas
much as the Judge Advocate had pr4c-
tically admitted all he desired 10 prove 10y
th. rolI-Ioolr that no Therefore did
not care 10 submit the book In evidence
lie then renewed his motion 10 strike our
the second specification or the second
charge or the date Of September lth lthc
annual fnenoctiOnl mentioned IN the flfst
epocifcatiOn He took the ground that
tho specification i'm question had NOT been
substantiatcd and that II did not make
any difference for what object the COM
pany was ordered TO the rendezvous;
whether IL was company drill or annual
The Judge Advocate stated that the
time 10 plead had passed and that a plea
could only Dee made by arraiuing the
prisoner. II the absence from company
drill as charged in the specification, was
nSt proven. then the court would nnd
the accused Innocent on that point. re
considered the proceedings stated by
counsel for the accused irregular
The court was then temporarily cleared
and after its reOpenIng the president stat =
ed that the motion of the accused mad
been denied.
Colonel Anderson then moved 10 strike
ont tho first specification OF the nrSL
charge. because the Judge Advocate had
admitted that be could not substantliIe
that charge which set forth that the ac-
cused had been absent without leave FOR
two months and five days.
MAINTAINED THE CHARGE.
The Judge Advocate stated that the
specifications were drawn up for the pur-
pose OF pointing out ana Ouense. PIE was
unable 10 prove the absence Of the ace
cused FOR the entire time and he was
willing TO admit that be had been present
on five DAYS. but he still charged him
with being absent for two months.
The court was then again cleared and
after ms roOpening the president annOunC-
ed that the motion ~ counsel FOR the ace
cused 20 strike ont specification !, of
charge ]. he'd been denied
Colonel Anderson then stated that he
would submit the case without argu-
ment. He felt satisfied that a case had
not been made out by the prosecution.
He then presented "A brief in writing as
required by section 1853 OF the Virginia
regulations
Captain Woon stated that the Judge Ad-
vOcate had a right 20 reply TO the writ
ten argument ~ counsel for the accus-
ed. but that the proper time should be-
given him 70 read the latter's paper and
70 prepare his answer. He considered the
case before the court not OF sufficient
importance 20 do this. and he therefore
was willing 10 submit the case upon the
evidence produced and did not think IL
necessary TO write a brief. lie added that
the r0ll-bOOk had been offered in evi-
dence inasmuch as IL had been produced
under a subpoena duces t8cum.'
The court was then cleared for the last
time i'm order 10 enable the members Ia
agree upon the findings which viii be-
submitted 20 the Commander I'm Chief
adjourned subject 10 the call Of the pres