Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-06-17
COMMANDER MULuAN'S CASE
Paymaster General Stewart of the Navy
Gives Testimony.
Legal Battle Over Admitting the
Won by the Judge Advocate.

The general court-martial convened at
the request of Commander Dennis Muilan
| L. S. n. to try charges against him of
| drunkenness while on duty in command of
| the navy yard at Pensacola. met again
this morning at 10 o'clock at the WASH
| mgton navy yard The members OF the
body. who are all captains In the navy
except the president, Commodore Charles
s. Norton. and the judge advocate. who is
| lieutenant In the marine corps. were
present. Mr.. Hayden appeared as counsel
| for Commander Mullan. Judge McCammon
| being absent. Commander Mullan's VEN
cradle brother was also In attendance.
The record of yesterdays proceedings
was read by the judge advocate. and an
| informal recess was taken to allow some
| typographical errors in it TO be corrected,
after which It was approved.
! Paymaster General Stewart of the navy
| was called witness for the govern
| ment. He was sworn 10y Commodore Nor
ton and examined 10y Judge Advocate
| Lauchheimer.
In December 1896 witness visited the
| Pensacola navy yard and saw Commander
| Mullan, who was in command of the yard.
| Was at the latters house the evening be-
| fore he left.
Il called to say goodbye to Commander
| Mullan and to thank him for his kindness
ana courtesy 10 ME during my stay there
| at Pensacola"
| What was Commander Mullan's coldi-
ton to sobriety?" asked the judge advo-
| cate
His conversation was. concren; and lac
| was in every way courteous, Responded
! the paymaster general
| The Judge advocate endrlvored TO secure
| q more direct answer 20 :he question, when
Mr.. Hayden objected 10 what he charac-
! terized as Lieut. Lauchheimers attempt to
| drag from the witness a different an
swer from that which mad already been
| given.
The Judge advocate deuied any intention
| to attempts to drag anything out ca the
| paymaster general of the United States
J navy.
Il have asked him a direct question, and
| 1 submit that ] am entitled 10 clear ana
| UEequivocal answer.
| The court was cleared and the question
| was admitted. The judge advocate lhen
| repeated it to Gen. Stewart.
do you want my )pinloa? asked the
| paymaster general.
! Il do" returned Lauchheimor.
The impression made upoa my mind at
| TIE time that he had been THINKING,
said Gen. Stewart slowly.
| Later on in reply TO REDIRECT questions 10y
| the judge advocate witness said he was ini-
| pressed by some slight thickness IN Com
| E,ander Mullan's articulation W illness hai
| never seen Commander Nullan take a
drink His manner was courteous ana ms
| converse ton coherent. Witness would not
| positively state that Mr.. Mul:ln vas under
| the influence of liquor. His mind mad re-
| ceived sucn an impression. This closed the
| paymaster generals testimony.
An informal recess WAS taken to send
! for the record of the court of inquiry
| When the document arrived the judge ac-
| vocate read the testimony giv"a before the
| court of inquiry by A. Ii. thaiila, com
mandant's clerk, at the Pensacola Yard;
James A. Mcdonald. a "hpmate. and w q:
| Chipley of Pensacola. The Two first named
| witnesses had seen Commander Mullan
| when they thought he was under the in
| fiuence of liquor. Mr.. Chipity bad s"crn
that he had seen Commander Muiian
| drunk
| There WAS argument between Mr.. Hay
| den and the judge advocate over the adj
| mission of Chipley's testimony, sir. Hay
| den claiming that Chipley MAS hot submit
| ted to Gloss eXG mination At the court OF M
CURRY. The ju .ge advocate objected 10
| Mr.. Hayden describing the conditions ci
| the court of inquiry surrounding thipley
| testimony. bus the court permittea MI
| Hayden to proceed.
| Some Arguments.
| Mr.. Hayden proceeded to explain that MIR.
| Chipley's testimony would have been inn
| peached at the court of inquiry, but that
! such body had no power to punish for
! cent, mpt in order to compel an answer 10
a question, and that Chipley had declined
| to answer a question which would have
| led to the impeachment of his entire evil
| dence. He therefore asked the court TO
| throw out Chipley's testimony.
The judge advocate, on his side. claimed
| that everything Chipley had testified to be
| fore the court of inquiry was pertinent 10
the present investigation, and objected TO
| the counsel fer the accused Interfering
| irto the proceedings arguments in connec-
| ton with the explanation of testimony. He
declared that the entire record of the pro-
| CeedingS of the court of inquiry should be
| read before the present court-martial be-
| fore the question of striking out any por-
| ton of it was decided.
| 4 long discussion ensued, Messrs. Hay
| Gen and McCammon vigorously combating
| the proposition of Lieut.. Lauchhemer.
Judge McCammon thought the question
| of the admission of testimony other
| matter that might be prejudcial to the
| case of an accused man should be argued
| without the contents of the issue being
| SO thoroughly recounted. In criminal
| courts it was the rule to order the fury
1 to retire when arguments over such mat
tiers were in progress, in order that the
jurynen might not be prejudiced. A court
| martial was not only court of decision,
but also the jury, and he believed the pro-
| oedure of such bodies should be changed
| i'll accordance with this practice in civil
| courts, if such a thing could be arrived at.
| He said the accused would take RESPONSE
| tility of Directing to the admission of any
| and all parts of the proceedings at the
| Pensacola. court of Inquiry.
The court room was cleared and, upon re-
converting, the court announced that the
request Of the counsel for the accused was
denied
| The judge advocate then said he believed
| that all the evidence for the prosecution
vas in and that he would announce the
case of the government was closed.
recess was taken until l O'clock when
Mr.. Hayden proceeded to read from the
evidence before the court of inquiry the
testimony for the defense submitted
The indications are that the hearing will
| be lengthy and that there will be MANY
Interesting legal Tits between Commander
Muiian's counsel and the judge advocate
Yesterdays Proceedings.
The proceedings yesterday afternoon.
after the report in The Evening Star closed
were Interesting. The prosecution began
| by reading extracts from the record Of the
| court of inquiry held in March at Pensa-
cola, to consider the allegations of drunk
enness against Commander Mulian. Judge
Advocate Lauchheimer read each record
noting that it had special bearing upo.,
some particular count in the charges be-