New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-21
list CAPTAINS GUILTY.
MESSRS. BLEECKER AND MEEKS WITH
DRAW THEIR FORMER PLEAS.
END OF THE CoURT-MARTIAL on THE CHARGES
OF cowARDIcE MADE OVER THE FIGHT
AT SAN JUAN HILIl-No TEs-
TTMONY TAKEN


The officers room in the list Regiment Armory
was again packed last night at the second sitting
Of the court-martial upon the cases OF Captains
W F Meeks and \. !. Blocker. charged with crit
icisng the conduct Of Major Clinton H Smith and
captain John II White Of the list Regiment
"nom they charge with cowardice in the battle be-
Tore San Juna. There a wild rush for seats
Major Smith sat In the front row Of the auditors
Brgadier-General Butts was among the spectators
In evening dress. The only persons directly
nected with the trial in uniform Major
Van Duzer. ex-iudge-advocate who wore Tuxedo
coat: the stenographer. who in. and
the crier
To the great surprise Of the crowd. no testimony
was taken Instead Major Van Duzer withdrew
the pleas Of not guilty made Monday night, and
pleaded guilty. remaiking that the plea or not
guilty had been made al his advice. because the
men had not signed the statements published as
coming from them. Major Van Duzer went on 70
make statement in behalf Of the defendants in
extenuation OF their breach Of the regulations.
Last evening" said Major Van Duzer. II plead I'd
not guilty in the Of Captain J. Becker
wish 10 withdraw that plea with the permits
sion Of the Court In the first consultation with
these officers after taking their case. they wished
TO enter plea Of guilty 70 the charge. for they
did wish to be placed in the position Of deny
ing taking back or apologzing for the statements
they made But advised them that II was abso-
uey necessary for them 10 plead not guilty II they
had pleaded guilty 10 tho charges made agaias-
them they would have declared that they had signed
these articles and that they had made the state
ments for the purpose Of conveying censure. For
Mr.. BECKER would wish 10 withdraw the plea OF
guilty for the first charge specified and
willing plead guilty all the specifications ex-
cept that part containing the signed names ana
the part reading and for the purpose of conveying
censure toward other officers in the military ser
vice
Judge-Advocate Grout said that the mere omis
sion Of the names made no difference in the case
and that Il was not necessary to prove that tho
accused officers wrote the stories In so many words
After putting in the records the Judge-Advocate
then rested his case.
The court then adjourned. far the Blocker
case was concerned. and went into session on the
case Of Captain Meeks. Major Van Duzer then
withdrew Captain Meeks's plea Of not guilty. and
pleaded guilty for him. Then he began statement
Of the cases OF both the in mitigation OF the
charges
1t is the privilege Of the accused" said Major
Van Duzer, after brief reference to the Board Of
Inquiry which Is 10 meet tonight. 10 make a
statement 10 the Court 10 be considered in mitiga-
ton of the charges. 1t is difficult for US, whether
In Of the National Guard feel the strong
interest OF these men. who had been 10 the TOP OF
San Juan Hill in the honor Of their regiment. and
particularly In regard 70 the charges OF cowardce
against the regiment In which they had been for
years and which smirched every man in the reg-
ment so long as they Were general"
Judge Acknowledgement Crout here Interrupted
Major Van Duzer TO say that such A statement
made to the Court should be made Of facts duly
proved An argument between counsel followed.
in which Mr.. Grout took the ground that Major
Van Duzcr trying 70 argue TO the Court ainst
the charge OF intent 70 ocnsure.
The accused ask the Court whether they have
the right to make statement OF the truth Of their
actions IN mitigation OF The offence. said Major
Van Duzer. at last. and Colonel JaDha ruled thar
he could speak for them
Continuing Major Van Duzer then to
say that on the return OF the officers the STATE
official investigation 10 prefer charges feeling
the time the keen disgrace upon the entire
regiment and their duty toward their comrades they
decided upon making a statement OF the facts IN
the night at Santiago. not for the purpose Of CEN
sure but simply that everybody might know the
exact facts. II their feeling for the regiment
that led these officers 10 speak plainly OF what took
place. The result Is that they are orought there
under charges not OF making false or sanderous
attack upon any man. not for doing any man an
injustice but on technical charges OF censuring SUI
II the Court thought this offence the men
stood ready % take their punishment, but ne
wished 70 remind the Court that love OF thelr regi-
meut OF judgment. not any attempt 10
injurc other men, was the cause Of their fault.
Judge Advocate Croft replied 10 Major Van
Duzers statement 10y saying that no one could read
signature attached. and not denied by them, with
out seeing censure IN every line. For that matter
the remarks Of the counsel himself had been d.
reoted against the Two officers censured in the
that there censure IN all the statements where
Smith and White were mentioned
At the close OF the Judge Advocates remarks
the courtroom was cleared and the Court began 10
consider the What decision was arrived at
vii not be known TIL Il is transmitted 10 the Gov
ernor and passed upon by him.