The San Francisco call., 1897-11-05
CAPT. JENKS ON TRIAL.
The Court Martial That Will
Determine if He Is Guilty
Under Military Law.
Defense of the Accused Outlined by
His Counsel-Want of Jurisdic-
tion and Want of Malice.

The court-martial for the trial of
Captain Charles A. jerks OF Troop A,
First Cavalry, con vened last night in the
small Danquet-halI of the California
Hotel. Major Hayes was the chairman
of the court and Major Dorm the judge
advocate. The officers of the court we're,
ranked in the order of their com missions,
as follows: Major Hayes, Major Boxton,
Captains O'NeiI, Cunningh ham, Poulter,
Connolly, Eggert, Perkins, McCreigh, all
in fatigue uniform.
There were present Colonel Geisting.
Colonel ]. F. Smith, Major Jansen,
Captain Richter, Captain Smith, num-
Der of witnesses and persons interest ted in
the proceedings.
Captain jerks was present with hi,
counsel, Messrs. GroeZinger and BonesteI.
The Judge advocate read the charges
and specifications, three in mum ber, which
were: Neglect of duty, in failing to furnish
food to certain horses for the use of Troop
A, under his command disobedience of
orders, in failing to appear before board
OF inquiry, as ordered by Colonel J. f.
Smith, and failure to produce certain
books relating to the affairs of the troop,
when directed by Colonel Smith so 10 do.
Mr.. GroeZlnger, of counsel fCr tho ac-
cused, demurred to the specifications re-
lating TO the charges of disobedience in
failing 10 appear before the board of in
ouiry and in failing to produce books and
pa pers, on the ground that the court had
no Jurisdiction. The demurrer was over
ruled, and after Colonel Geisting had been
called, all witnesses were excluded from
the room.
Major Jansen, brigade inspector, who
verified the charges, had with him Cap
tain d. A. Smith, adjutant of The Fifth
Regiment 10 represent him as counsel
The names OF the major and the captain
were on the list of witnesses for the
prosecution and counsel for the accused
asked that all witnesses be requested to
retire. All passed out except M Msjor
Jansen and Captain Smith. Counsel for
Captain Jenks insisted that these two
should also pas out. Captain Smith de-
clared that he was present as counsel for
the accuser end that he and the accuser
were under military rule to remain. Mr.
Groezlnger said that he did not see what
right he captain had in the case. There
was a prospect of a heated controversy
when IL was stopped by he president o
the court ordering all to retire, and the
courtroom was cleared.
Under the rules of the National Guard
| the Judge advocate Is permit ed to remain
vide that court-martials are governed by
| the United States army articles of war;
| and as these provide that the judge advo-
cate must retire, the judge advocate
passed out. The delIhera ION OF the court
| having terminated, all were allowed 10
return, and the announcement was made
| that the accuser and his counsel must re-
| tire.
| There was a show of resistance on the
part of Captain Smith to the order. When
the Judge advocate suggested that as he
would use the major and the captain as
witne ses they shonld retire, they did.
| Colonel Geisting was examined as
to he court of inquiry. Colonel Smith
| test fed as TO The organz tion of the
court, the neglect of Captain jerks 10
appear, and mis- failure 10 produce 5oks
and papers as ordered.
| M jor Jansen testified as to he natter
OF the board of inquiry, and he state (
hat ne met CaptaI jerks. who teid hlr,