Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-06-30


which time 81 witnesses were exam.
ined, the court of inquiry yesterday
reported its finding and recommends
tions to the governor. In the finding
General Watts's ordering the battalion
forward for the purpose of clearing
the field is characterized as ian as
sumption of authority that was un
wise, unnecessary and unwarranted."
The court then respectfully recon-
mended that his excellency clay the
whole matter before the general as.
sembly for such action, under Article
V, of the Constitution of 1895, as thai
body may deem proper"
It is further recommended that the
"povernor and commander-in-chieI
publish general order reprimanding
General ]. Gary Watts for serious
lack of judgment and disregard of the
rights of Others"
The court also recommended that
Private Fishburne, of the Richlano
volunteers, be dismissed from the ser
vice, and that Private Dunning, OF the
same company, be reprimanded.
The official finding of the court is a.
follows:
COLUMBIA, S. c., June "a, 1897.
To His Excellency, w. H. Ellerbe
Governor and Commander-in-chief.
S1R-In obedience to your special
order dated June 7th, 1897, a court oi
inquiry appointed by you "to examine
into the conduct of all officers and men
connected with the disturbance which
occurred on the grounds in charge oi
the South Carolina college at Colum.
bia, Friday, May %, 1897" the said
court convened at the state house al
Columbia at 12 M. on the day named
"a thorough investigation of the affair
and it's causes" was instituted for three
days, during which 40 witnesses were
examined. The testimony Of the wit
nesses was taken down by compe.
tent stenographer and covered, when
transcribed, 1S4 pages. This testimo'
nv is herewith forwarded for the in
formation of your excellency, together
with the exhibits accompanying the
same. One June 18th the court took
q recess until Tuesday, June %, at Il
m. Reconvening on Wednesday, June
%. On these two days IA witnesses
were examined; their testimony GOV.
ering 65 pages, is also forwarded here
with, together with an itemized state
ment of expenses of the court. A
consideration of the duties devolving
upon US by your excellency's special
order and of the law governing courts
of this character induces US to cite the
following from "Winthrop's Military
Law Precedents," volume 1:
"The court of inquiry, so called, is
really not court at all. No criminal
issue is formed before it; it arraigns nc
prisoner, receives no plea, makes nc
finding of guilt or innocence, awards
no punishment. It's proceedings are
not trial, nor is its opinion (when il
expresses one) judgment. 1t does
not administer justice, and is not sworn
to do 80, but simply to examine and
enquire, it is thus not court, but
rather q board-a board of investiga.
tion-with the incidental authority
(when expressly conferred upon it) Of
pronouncing a conclusion upon the
facts, but, as it is a sworn body, and as
the witnesses before it are sworn and
examined and cross.examined as before
courts martial, it is board of high.
er sort in the nature of a court, and
has thus come to be termed court in
the law of military" Page 1917.
"But the court of inquiry, though
only quasi judicial body, is an in.
strumentality of no little scope and
Importance its Investigations are fire.
uuently much more extended and its
conclusions more comprehensive than
would be those of a court martial in q
similar case and in individual instan-
ces, it's results may be scarcely less
final than if it had the power to con-
vict and sentence" Page 1913.
"The opinion required of court OF
inquiry is, in general, as already indi-
Gated, an opinion whether, upon the
facts as developed by the investiga-
ton, particular officer or soldier, or
any officer or soldier, should properly
be brought to trial by court martial ;
Or whether any other, and if any,
what action is called for by the inter
ests of the service or is otherwise de-
sirable to be taken" Page S0S.
As will be seen, therefore, from your
excellency's order to report the facts
together with our opinions and re-
Communications, this court of inquiry
is a board of investigation with the in
cidental authority which you have ex-
pressly conferred upon it, of pro-
nouncing a conclusion upon the facts.
After most thorough investigation OF
the disturbance which occurred upon
the grounds in charge of the South
Carolina college at Columbia, Friday,
May %, 1897, and its causes, we beg
leave to report the following findings
of facts together with our opinions
and recommendation thereon:
The review, inspection and drill
having been completed, the purposes
for which the troops had assembled
were accomplished.
In the battalion dress parade which
was about to be held the adjutant and
inspector general did not have any
inherent right and could not take any
official part as no position or partici-
patton in this ceremony is prescribed
for such an officer, and he could be
present only by courtesy or by invi-
tation of the colonel commanding, and
was therefore, without authority to