The times. [volume] (Richmond, Va.) 1890-1903, 1897-11-16
RHEUMATISM

so,os ubcn tho accused was absent from
driIl hut he was certainly not present
al the annual inspection. ne ceuiu 10,
ten whether the accused nau , ~
his duties. but on the udteS. - "a
been absent end he ala not theh "''0"u
TO his duties. 49,. ,,,,o1
that Capfain Nicholas always repui.S 81
application for leave II n h,,ngeIf "a ''''
company wanted 10 absent hnSeh. .
When questioned by the court, witness
said ne Thought he had been absent rom
drill about four times during the months
of July. August. and September ce..
The court then took a recess ior iltee
mint az in order TO await the return OF
First Sergeant &. T. Stanard' VINO hdu
been SORT home 10 produce the company :
ALL SHALL VOTE.
After recess Colonel Anderson stated
that he had been Informed that on one
Of the questions raised one OF the mem
beers had not voted. He requested thdt ~
future every member % the court Wouiu
vote on every question. .....
Major Christian thought this st'teHl, III
reflected upon every member OF me cour T.
and the Judge-AdvOcate called attention
10 the fact that all consultations OF lic
court should be considered secret, oven II
the attendants had not been excluded
from the room.
Major Christian said he was satisfied
10 have counsel for the defence write
down tho name Of the member OF the
court who did not vote.
The Judge Advocate pointed that even
II that were So the decision of the court
could not be changed because it was final.
and the president Of the court stated that
certainly a majority Of the members OF
the court had voted according TO the de-
cision Of the court
Captain Lanier then arose and stated
that he was the gentleman VINO did not
vote. but that he fully intended TO vote,
and was considering the question when
the court announced the decision. During
the recess he was discussing the matter
as n question of law. ard considering the
subject as entirely irrelevant, he incident
ally remarked that he did not vote on the
question.
This ended the incident and the hearing
Of testimony was resumed.
COUNSEL OBJECTS.
First Sergeant {. T. Steward, n letter
carrier. then took the stand and produced
the roll-boO of the company.
Counsel objected to the introduction of
tho book as being only copy of the
original entry.
When questioned by the court, witness
stated that the book produced was the
one from which the roll was called. and
il was therefore. admitted.
Witness stated that he himself had
been absent once in April once in May,
once In June. and once in July. During
the period from April 9th TO September
21st the accused was not present at any
drill. He was also absent at the annual
inspection. Witness notified him either IN
June or July 10 be present
on crOss-examnation counsel for the
accused cndcaVOred to prove from the
roll-bOOk that his client had been present
on numerous occasions when he Lad been
charged with being absent. In most in
stances when the ACCUSED was present he
drilled The company
The Judge-AdvOcate here rested MS
case.
After some consultation with the VII
nesses of the accused. Colonel Anderson
stated that he had IS witnesses captain
DESMOND, Captain Cobb, Lieutenant
Graves, Privates Robinson ina stevens.
All these witnesses were TO prove the ex-
isience of hostile animus OF captain
Nicholas towards the accused, but mas
much as the court mad decided 10 exclude
such evidence ne desired TO have an entry
TO that effect made OF the records.
Colonel Anderson then insisted that the
official record book. signed by The captain
of the company, be produced IN court,
and the case was. therefore. adjourned
until Friday evening at O'Clock, Colonel
Anderson being compelled 10 leave Tor
Kew York this evening.
The court, however Will meet again
this evening at o'clock to try the cases
Of Private r. II. ilburn, Of Company A,
rirst Regiment, Infantry, and of Richard
f. Dyer. of the Drum Corps of the First
Regiment.