The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-04-06
ATLANTA ARTILLERY'S ROW.
THE COURT MARTIAL TO TRY THE
CASE IN SESSION.

Cant. J. +. X emptOn Accused by His
Men of Conduct Unbecoming an
Officer and GentIeman-He Re-
forts with Charges of Mutiny and
characterization Against His Pros
ccutors-Tvventy-TNv Privates Ac-
cused by the Captain.
Atlanta. Ga, April. 5.-The general
court martial called for the trial of the
members of the Atlanta Artillery met In
the Senate chamber to-day. II. is com
posed of the following officers of the state
militia: Col. A. r. Lawton, First In
fantry; Maj. Burke Shewmake, Sixth In
fantry; Maj. John w. Barnard, First In
fantry; Capt. William A. Patton. Third
Infantry; Capt. John F. Howard, Fifth
Infantry; Capt. P. G. r. Bell, Second In
fantry; Col James W. Austin, judge ad-
vocate general.
All the officers appeared in uniform,
giving the capitol a military air.
Col. Lawton is acting as president of
the court and the judge advocate repre-
sents the state in the examination Of the
witness.
the trial is finished
Twenty-Five privates of the battery are
under charges. and Capt. ]. F. Kempton,
the commander, will also be tried when
the prlvates are disposed Of The charges
made against the men were made by Capt.
Kempton, and the charges against him
were made by the men.
~ IL
tiny and refusing to obey orders. The
main specification is that they signed
petition asking him to resign, which is
contrary to the letter of the military law
of the state.
Sergt. Guy Thurmon, against whom 1t
appears the evidence of mutiny and in
subordination is strongest, was first plac-
ed on trial, and the investigation will be
prolonged. Capt Kempton was the main
witness examined to-day. his testimony
being the basis of the whole investiga-
ton. The real gist of the case appears
to bring the charges against Capt Kemp
ton, and this is about the only feature of
the investigation that is of general inter-
est, except the possibility of the trial cost
ing the state several thousand dollars in
case all the privates are tried separately,
the members of the court receiving per
diem of IS with various other attendant
expenses.
From the testimony to-day, which was
delivered in open session, 1t appears that
the battery has been dissatisfied with Capt.
Kempton for some time and wanted him
to resign. The command was in the last
stages of dissolution on account of this
dissatisfaction last fall, when finally pc
tition was circulated and presented to him
49, tft,rr hold In he nrr al
capitol. The captain refused to consider
this, but shortly afterwards preferred the
charges upon which the men who signed it
are now being tried.
The cause of dissatisfaction with Capt.
Kempton, according to the statement of
Maj. Cleveland Wilcoxson, who appeared
as counsel for the men at the hearing to-
day, in outlining his defense, was gem
eral lack of respect for and confidence in
him, both as an officer and as a man. They
charge that at the encampment last year
he was guilty of false mastering and
drawing pay for more men than were
present They also charge that he is adj
dicted to the profanity and vulGarity habit
while in charge of his command, and that
upon one occasion he was guilty of circu-
lating a story on Gov. Atkinson which
tended to put the in-chief un-
der whom he was serving, in a
ridiculous light. He is also charged
with slandering Col. Gambler OF the
Fifth Regiment asserting that he hal
used money contributed to entertain the
state troops here last Inauguration day
for the purpose of giving a banquet 10
his friends.
Capt. Kempton is also accused by his
men of being mentally and physically I'M
fit to command a battery. The fact that
he was recently convicted of being COM
mon cheat and swindler in the state courts
Ira. 10, H.. rgase- l,,,k
this is not to be used against him on the
trial, because he has been granted new
trial by the court in which he was con-
victed