The evening times. [volume] (Washington, D.C.) 1895-1902, 1897-06-19
MULLAN NOT INTOXICATED
Testimony Of Collector Brent
Who Saw Him Often.
PAYMASTER JEWEFT REF UTED
The Larger Portion OF This Morn
fne's Session of the CoHrt-biar -ial
Taken Up with Arguments ot ne
Judge Advocate aud Counsel for
Defense Concerning fv.dence.

The Mulian oogrt-martial was resumed at
so O'Clock tins morning Attorney Hay
den, for the defense, continued has arga-
ment against the admission OF question
which was asked Daniel q Brent, collector
OF customs for the district of Pensacola,
a witness for the defense before tie court
OF nqUiry held at Pensacola. This ques-
tlon was asked the witness uuder Cross
examination, and concerned previous
conversation which the witness had with
Paynaster Jewett, who was a WITNESS Tor
tie prosecution before the same court
The defense objected to this question on
the ground that IL was in the nature Of
hearsay and because it was immaterial and
irrelevant 70 the charges against Com
naander MUHan.
The Judge advocate argued that this
question put to the witness for the de-
fense was a question u lay the foGnda-
tton for the impeachment of the testimony
Of that witness.
The defcase held that the record OF the
couR OF inquiry did not snow that the
prosecution had followed up this question
10y any attempt t. impeach the veracijy OF
Witness Breut. Attorneys Hayden and Nc
Cannon presented a number OF authorities
n subStauviatiuH of their position that the
question sought 70 be admitted by the
prosecution was not a proper one. II did
1Ot tend to inpeaCh the yeTaCity of Wit
1ess Brent, and was not pertinent to the
matter at issue.
Judge Advocate Laucheimer read au-
thoritieS and maintained that the con-
versatiun between Brent and Jewet, which
ne wanted tn bring before the Corrt, bore
directly upon the case in that ii tended
70 impeach the testimony OF Brent The
Prosecution admitted thar Jais conversation
was heaIsAy as 20 Mullan. hut was not
heaTSay as To Witness Brent.
Attorneys Hayden and MCCammon closed
for the defense on the point Of the ad-
miSsibiry of the previous conversation
between Brent and Jewett. They made
strong case They pointed out tnat where
testimony introduced by the defense had
been the Icas uncertain as To which SprCi-
fiCaJi8n it was intended 10 rehut. the Judge
advocate was swift T. object NDw. as this
question about d previous conversation
asked by the prosecution 0f a witness for
uifellSt under Cross allDh 4ill Ifei
refer specifically 10 anything brought out
under direct examination: did not lay
groundwork FOR impeachm ent OF credihity.
and was mo- specific as 10 the time and
place of tie conversation. it ought not To
be admitted
The court was then cleare1that the mat
ter of The aduassih'Ety II the questions
couCprainE tIis previous conversation mIch,
b. discrISS ii
When the court reopaned Commodore Nor
ton, the president, announced that the con.
tentiOn of the defense was sustained,
and the conversation alleged 20 have taken
place between Frent and .Ieyyett would
not he admitted In evidence
The Testimony Of Sidney Hale, porter
at the Escauahia. at Pensacola. was next
read. Hale testified that he had accom-
panied Commander Mullaa fTcm tEe rail-
road station t. the hotel at the time II the
commanders arrival at Pensacola. lie
had seen Commander Nullau after at the
hotel lie had never seen theaCcuSel under
the Influence Of liquor
The defense offered this a. testimony in
rehuttaI OF specifications , and 3 ~ thc
firStcharge This was objected to 10y Judge
Advocate Lucheimer, and the objection
was sustained. 1t was then Offered as
evidence OF the good character of the ac-
cuScd
Attorney Hayden at yesterdays session
of the court read the test inony Of william
G Brent. collector Of customs for the dis
triCt of PenSacol5. 1t waS the strongest
evidence in behalf OF Commander Mulan
yet adduccd. IT was to the effect that
the witness had drunk with Commander
MuHan; that the commander drank beer
ana was never intoxicated. Brent te>ti-
fled hat hc and Nunan We're at the Es-
Gambia Hotel IN Pensacola, that Pa yTnaSter
Jewett ioiued them. Witness was positive
that Mu!an was sober
Jewett had testified before the court of
inquiry that when he met MuIan at the
hotel the accused was Intoxicated
Commander Mu:lau testified before the
court OF inquiry that he had met Jewett
once at the EScamhia Hotel
Jewctt was not positive as to the time
when he saw NuIIan at the hotel one
Or the specifications Of the first charge
is based on the allegation OF Jewett.
Brent was not positive as to the time
when he and Mullan met Jewett at the
hotel
Counsel for defense presented the testi-
nsony 81 Brent a IS direct evidencein rehuttaI
OF the sl5ccifica lion alleging drunkenness at
the hotel
The judge advocate urged that the test.
m"ny was uncertain as to time. and could
properly be introduced only a. evidence OF
the gooG character of the accused
The defense held that the evidence was
as exact As Ia time Wa the Specification
which it was Offered to rebut
After due deliberation the testimony OF
Brent was admitted as evidence in rebuttal
Tide Table.
Today-Low tide. 5.3s d. m, and 30
o. m: high t3de, 1I-24a.m
Condition of the Water.