The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-11
COURT MARTIAL is NOW ON.
ACCUSER HAS ENLISTED e. E..
M'DONALD TO PRESENT HIS
CASE LEGALLY.
ROW OVER A NEW GUN SLING
the Ranks of the Enlisted
Men at the Fort.


terday at Fort Smelling. Eckhardt, who
is charged with insubordinate conduct
to the prejudice Of good order and mil
itary discipline, in violation of the six
ty-second article Of war, is being de-
Tended by Attorney E. E. Mcdonald, of
this city, and some sensational devel-
opments are promised. The specifica-
uons charge Eckhardt with being def
ant and insolent in speech and manner
to his company commander, Capt. Han
nay, and refusing to obey lawful COM
mand from his superior officer. 1t is
set up in the specifications that Eek
hardt, on being asked why he was late
TO drill the morning Of Dec. 81. did
IN defiant manner reply: L had a new
gun sling and 1 would not drill with it
because man is unable to procure an
other, so 1 stayed back to change it,"
Another specification sets I'D that Eek
hardt was defiant and insolent in
speech and manner to his company
commander, Capt. Hannay," saying: ut
seems to me L am a prosecuted man.
YOU seem to want to hang me. I can
drill all right when the lieutenant
drills, but when the captain drills there
is as much difference between the wav
the captain drills and the lieutenant
drills as there is between day and
night. Another specification sets I'D
that Eckhardt, having received a. law
full command from his superior officer
Capt. Hannay. "to put down the ac-
cusation you have made against mo
IN the shape of a written complaint
obeyed said orders.'
Eckhardt was ordered under arrest bv
capt. Hannay Dec 81, and on the
charges beng filed with Gen. wade q
court martial was ordered. He had
some trouble in securing counsel. and
1t was not until Jan. 4 that he succeed
ed IN having word reach ATTORNEY NC
Donald that he desired the LAWYERS
services. The trial commenced yester
DAY morning. the court martial con-
slstfng Of the following officers: Cant
Joseph Hale Capt. John W. Hannav
Lieut.. w. e. P. French, Lieut.. Francis
L. Freemont, Lieut.. Arthur NJ. Ed
wards, Lieut.. Hamilton A. Smith. Lieut.
Paul Giddings, Lieut.. George P. By-
roade and Lieut.. Charles w. Kennedy.
Capt. Hale was president, and Lieut..
Kennedy judge advocate
Attorney Mcdonald, before the ac-
charges moved to strike out the first
charge on the ground that it did not
state Facts constituting a crime. dis
order, or neglect upon the part of the
accused, or a violation of the sixtv
second article of war The attorney
also objected to the second charge on
the ground that neither charge or
specification stated facts constituting a
disobedience of lawful command. The
point commended for was that when
capt. Hannay ordered Eckhardt to put
down in writing the accusations made
against him. it was discretionary on
the part of Eckhardt to make a com
paint or not, and that the thirtieth
article of war read that the Soldier
may make a complaint" not that he
must make one. The objections made
by Attorney Mcdonald were OVerruIed
by the court martial after the matter
had been considered an hour or more.
Eckhardt then pleaded not guilty to
each charge. Attorney Mcdonald then
objected to Capt. Hannay acting as a
member of the court, on the ground
that he was prejudiced and biased, and
the captain was excused
The first witness called was Capt Hannay.
who testified that Eckhardt. when questioned
by him to his being late for drill stated
that he waited to change his new gun sling
for an old one, as he would not drill with
the new one. continuance was taken at
morrow morning for the purpose OF secur-
ing the attendance of a stenograCher. for
which the accused will have to pay
Attorney Mcdonald, in speaking of the case
last evening, said Eckhardt was clean-cut
and gentlemanly fellow twenty-seven years
of age, and had been in the army since Oct.
B. 1895 He enlisted at Chicago on that date
and was transferred to Fort Smelling in No
yember, 1885. He was placed in Company
d at that time. and in February, 1896 was
transferred to Company A.
Mr. MoDn Il ~
learn the charges made against his client
were not correct, and Eckhardt had been
prosecuted by his commanding officer. Eek
hardt claims that he told Capt. Hannav.
when asked why he was late to drill that
the company had been ordered to drill with
out arms, and after the roll had been called
the men were ordered to go back for their
guns. He had new sling on his gun which
ne used only on parade and guard mounts
and stopped only long enough to make the
change: He says he did not say he would
not drill with the new sling, but did not like
to. The captain charged him with being
drunk several times, and after the drill was
over he spoke to the captain and told him
that he had been found fault with so much
that he would put in his discharge bv Dur
chase. At this the captain informed him
that he was under arrest Eckhardt saws
that the trouble with his commanding officer
commenced in July last, while the regiment
was on its way to comp at Lake CITY and
that 1t was occasioned by his refusal to tell
anything but the truth against a private named
Caldwell who had committed some offense
and displeased the captain. Since that time
Eckhardt claims Capt. Hannay had fire.
quently charged him with being drunk and
on one occasion when he was suffering from
malarial fever had him sent to the hospital
to be examined to see if he was not infoxi
Gated. and stated that If he was not sick
he would have him court-martialed ON that
occasion he ordered on the sick LIST
by the surgeon.
The court martial. Attorney Mcdonald states
is causing considerable feeling among the
soldiers at the fort. and it Is possible be-
charges will be made in connection with the
case
A report of trouble at Fort Smelling
III Company A, involving Eckhart.
reached the G b several weeks ago
ana reporter went to the fort to see
Eckhart, who was at that time under
arrest. Inquiry for the Whereabouts
of Eckhart ELECTED the information that
he was in tie guard house. Further
inquiry, however, showed that Eckhart
was not in the guard house, but was
under a sentry at the hospital. He had
been in confinement in the guard house
as result Of some trouble with his
commanding officer Capt. Hannay, it
was said, but had afterward been re-
moved to the hospital. still under ar
rest and guarded by a sentry. The re-
porter visited the hospital He was
informed that Eckhart was patient
at the hospital, but that he was under
arrest. The reporter asked to see the
man and was told that this was i'm
possible as FCkhart was prisoner and
could communicate with no one with1ut |
the person desiring to see him had an |
order from either the officer of the day