The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1897-06-29
FINDS WATTS GUILTY
THE VERDICT OF THE COURT OF IN
CURRY. -
ihe Recommendations Reprimand by
thE EeGovcrnor Recommend Dismissal OF .
! s<Fishburne andlseprimaud OF Dunning.
CThe State, 25th.1

ing which time 81 witnesses we're
examined, the court Of inquiry yes
terday reported its finding and
recommendations to the governor:
In the finding, General Watts or
dering the battalion forward for the
purpose of clearing tho fold is
characterized as can assumption Of
authority that was unwise, unncces-
sary and unwarranted"
The court then respectfully recon-
mended that his excellency clay the
whole matter before the general
assembly Tor such action, undeT
Article V. of the Constitutions" of
1895, as that body may, aecm prop
er." --.,@'
III Is further recommended that
the governor !and commander-in-
chief publish u general order re-
primanding Gen. j. Gary Watts for
serious lack of judgement and dis
regard of the rights Of others"
The court also recommended that
Private Fishburne of the Richmond
Volunteers be dismissed from the
service, and that Private Dunning of
the same company be-reprimanded.
The official finding of tho court is
as follows
Columbia, S. 9. June Oath 1897.
TO His Excellency, w. II. Ellerbe,
Governor and Comm ander in
chief.
Sir: In obedience to your- special
order dated June 7th, 1897, & court
Of inquiry appointed by yo, "to ex-
anime into the conduct Of al officers
and mon connected with the dis
turbance which occurred" on the
grounds in charge Of the So 18th Car
olina college, at Columbia, Friday,
May 1897" the said court convened
at the State House at Coli mbia at
IL M. on the day named. IA thor
ough investigation Of the al iiair and
its causes" was instituted for three
days, during which 40 witnesses
we're examined. Tho sti'nony Of
these witnesses was taken down by
a competent stenographor and COW
vered, when transcribed, 49,: pages.
This testimony is herewith Coward
ed for the information of your ex-
cel1ency, together with the exhibits
accompanying the same. On June
18th the court took q recess until
Tuesday, June 22rd, at IL m. Re-
conyening on Wednesday, June 23d.
On these two days Il witnesses were
examined; their TESTIMONY covering
05 pages, is also forwarded here,
with, together with al itemized
statement of expenses of tho court.
A consideration of the dutios devolv-
ing upon us by your exce llency's
special order and of tho l;w gov
erning courts of this character in
duces us to cite the following from
"Winthrop's Military Law and Pre-
cedents," volume /:
"The court of inquiry, so called,
is really not court at Ill. No
criminal issue is formed before it.; it
arraigns no prisoner, receives no
plea, makes ho finding of guilt or
innocence, awards no punishment.
It's proceedings are not trial, nor
is it's opinion (when it expres SOS one)
judgement. 1t does not ldminjs-
ter Justice, and is not swor-l to do
SO, SDut simply to examine and on
quTe, it is thus not a court, but rath-
or d board--a board of invest igation
with the Incidental authority
(when expressly conferred upon it,
Of pronouncing conclusion upon
the facts, but, as it is sworn body:
and as the Witnesses before it are
sworn and examined and cross OK
amined as before courts ms rtial, ii
is b board of a higher sort in. the ma
ture of a court, and has thus come to
be termed court in the law Of mill
tary." Page 707.
"But the court Of inquiry, though
only a quasi judicial body, is an in
strumentality of no little scoE'e and
Importance; its Investigation arc
frequently much more extended and
its conclusions more compret ensive
g