The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1897-06-30
" ats to Blame.
Finding of the Court Of In-
quiry.


quiry.
After session Of six days. duficg
,shich time 81 witnesses we're e1auin-
cd the court of i1auiry yesterday re-
ported its 6adiag aud recon meoda-
lions 20 the governor 10 the Gpding,
General Wanss' ordering the battaiien
9oraard for the purpose Of clearing the
ield is characterized as "au assump-
too Of authority that was unwise, 10
necessary and unwarran;ed
Tie court then respectfully recon
nended that his exceslency ;'say the
whole matter before toe general assem-
bly, fos such action. under Article v.
of the Constitution Of 1895. as that
body may deen proper !"
[. is further recommended that the
governor and commander-in chief
pubIish-a general order reprimaodiog.
Gen. J Gary Watts for serious lack OF
judgment aud disregarded Of the rights
Of Others = q
The court also recommended that
Private Fishbnrne Of the Richland
Volunteers be dismissed from the SET
vice, aud that Private Dunning cf che
same company be reprimanded.
The Official k6odiog Of the court is as
follows:
CoIuubia. S. C, June 9th, 1897.
To His Excellency, w. n. Ellerbe..
Governor and Commander In Chief
Sir: In obedience to your special
order dated June 7th, 1897. court
Of inquiry appointed BY you .'to exam
Inc into the conduct of all officers and
men connected with the disturbance
which occurred on the grounds ID
charge Of the South Carolina college at
Columbia, Friday, May 1897" the
said court convened atthe State House
at Columbia at II r. on the day
named "a thorough Investigation of
the affair and It's causes was instituted
for three days, during which 40 wit
resses were examined The testimony
of these witnesses was taken down by
a competent s,enographar and cover
ed, when transcribed. 1S4 pages. This
testimony is herewith forwarded for tae
ipfosnasion OF your exceslency. togetb-
er With the exhibits accompanying the
same On June 18th The court TOOK
recess until Tuesday, June 22d. al;
- IN. Recoosening on Wednesday.
June 23a. On these two days IA wit.
nesses we're examined their testimony.
coveriag IS pages. is also forwarded
herewith, together with an iteuized
statements OF expenses of the
court. A consideration Of the
duties devolsiug upon US by your ex-
csilency's special order and OF the law
governing courts of this character ic-
duoes us to cite the following from
"Wiutbrop's Military Law aud Pre-
cedsnts, " volume i:
The court OF inquiry, SO called, is
really not court at all No criminal
issue Is formed before it; it arraigns
no prisoner. receives no plea, makes
DO fading of guilt OF innocence.
Awards no punishment. Its proceed
logs are not trial, por is its opinion
(gaeo it expresses one) Judgment.
1t does not administer justice, and is
aos sworn to do so but simply to ez-
anime aud Inquire, it is thus
not court but. rather a
.board-a board of investigation-wi,h
the Incidental authority (wheu express
ly conferred upon it, Of prououociue
9 conclusion upon the facts. but. as it
IS suorn body, aud IS the witnesses
before i. are sworn aud examined and
cross examined as before courts mar
tial. IL is board Of bighee SOFT 10 the
nature of court. and fas thus come to
be terued court in the law of mili-
tary" Page 797.
but the court of inquiry, though
oaly quasi judicial body. is an To-
ssrumsntality of no little scope aud im-
pofsaroe its Investigations are fre-
quently much more extended and its
conclusions more comprehensive tbap
would be those Of court martial 10 a
similar case aud 10 individual iustan-
ces. its results may be scarcely less
foal than if it bad the power to convic.
ADD sentence" Page 1913.
"Tbe opinion required of court of
ipquiry is. 10 general. as already To-
dicated. an opioiou whether, upoo the
facts as developed by the Investigation,
particular officer or soldier,
or any officer or soldier. should
properly be brought to trial by court
martisl; or whether any other, and if
any, shst action is called for BY the
interests Of the service or is otherwise