The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-08-15
DIR. DUNCAN'S TRIAL
The Topeka Grave Robber in the
Tolls in Virginia

4OllS IN virginia
The trial of Assistant Surgeon Louis
c. Duncan of the Twenty-s regi-
ment on the charge of Decorating the
grave of a Confederate officer at Bull
Run, is on today before a court martial
at Thoroughfare Gap. Va. Duncan is
being defended by Lieutenant Governor
A. NJ. Harvey, ranking major of the
regiment.
The trial of DR.. Duncan was opened
Saturday afternoon. A motion to
quash the charges was overruled by
the court and Duncan pleaded not
guilty. Testimony against him was
delivered by Privates Nym, Walter
Harreu and Prince Albert Wise, all of
company I. Twenty-second Kansas
On motion of Duncan's counsel, all wit
nesses were excluded but those under
examination.
The first witness for the prosecution
gave his name as Private Nym, COM
pany I, Twenty-second Kansas. He
stated that on the 9Th day of August
he saw a number of men dig into
grave. Some persons came along and
captain Duncan wanted to know where
the graves were. A man pointed out
the path and the party started, Cap
tain Duncan taking the lead. Captain
Duncan had a spade.
Witness was then cross examined as
to his acquaintance with the prisoner
and as to the hour of the occurrence.
He that it was in the forenoon, about
10 o'clock He was hunting relics when
he came across the party. The place
was about quarter of mile from
camp.
Witness said that five or six graves
were dug into. He heard Captain Dun
can ask where
Walter Harren, aged IS, company 7,
Twenty second Kansas, was next call
ed. He said he was with Mr.. Nym the
day Captain Duncan was accused of
rObbing graves. He noticed a crowd of
men, and among them the captain, with
a shovel at a hole two feet deep. Cap
tain Duncan had shovel and started
to dig. Several fellows had sticks and
were punching around. A fellow came
around and they happened to say some
thing about graves. He said there were
some behind some old breastworks.
They went down to a pile of brick. Cap
tain Duncan made the remark that they
were not graves, and must be bakery
or oven. From there he saw nothing
more of him.
/ Did you see Captain Duncan dig
with the spade?''
Yes, sir
examination: Did you see
many men there ''
I don't know just how many; about
a dOzen.''
Did you see any grave with tomb
stone at the head of it?"
mo, sir"
Did you see any with the bones ia
ken Out2"
mo. sir"
The third witness for the prosecution
was called and he gave his name as
Prince Albert Wise. private of the
/ TWenty-secOnd Kansas. His evidence
at times seemed contradictory and be-
fore he was through he had almost
! convicted himself of grave-robbing.
/ Witness admitted that he was absent
! from camp without written permission
/ pretending to go for water with two
| comrades, but went after relics instead;
! saw Duncan and the men dig in the
{ first grave. They found a button and
/ piece of gray blanket Heard Duncan
/ tell the men to put the bones back
| Witness implicated Duncan with the
digging Of the second grave, which he
| designated as the Humphrey grave.
! Heard him say to the men, Dig here. -
Witness made some damaging admis-
! siOns against himself and grew restless
under questioning.
The court then adjourned until Mon
! day at o'clock.
Duncan seems to bear his confine-
ment well and shows but little nervous
/ ness.
! The court before which DR.. Duncan is
/ being tried is composed of the following
! officers:
! General Cole Colonies c. W. Marcus
/ Cavanaugh, Ninety Illinois
| Keller Anderson, Second Tennessee and
! Lieutenant Colonel Q. G. Wagar; also
/ Majors J. w. Fee, F. w. Fleming, T.
| H. SlaVens, L. NJ. Ennis and Captains
/ W. E. Schuyler E. E. Whipple and J.
| G. Butler The judge advocate is Ma
! jor W. z. StringfeIlow.
At the time of the Topeka grave rob-
J berries DR.. Duncan was demonstration
/ of anatomy at the Kansas Medical col
/ lege, and was indicted. Students who
/ graduated with him and are now prac-
/ ticing have remarked since his arrest
/ in Virginia that DR.. Duncan probably
! knew as much about the grave robber-
! les as any one connected with the col
/ lege."