The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-25
TESTIMONY ALL IN.
Eckhardt Court Martial Conclude
With COunsePs Addresses.

With COunSeps Addresses.
The defense in the court-martial yes
terday being held at Fort Smelling, in
vestigatlng the charge of insubordina-
tiCn, against Private William Eckhardt,
followed out about the same line of de-
tense as at previous sessions Of the
court. Private Lippert was again put
on the stand in rebuttal by Judge Adj
Vocate Kennedy, and stood by his teSti-
mony Of his direct examination the first
day he was on the stand. On cross-eX-
animation the defendants counsel, E.
+" Mcdonald brought out some testi-
mony, which caused ripple Of laughter
among the members of the court. A
portion of the testimony even moved
Capt. Hale, president, and some of the
Junior members of the court to smile
It caused surprised look to come into
the eyes of the t.cfendants counsel.
which could be easily seen in the gloani-
ing, as the court sat until o'clock, and
the rarity of such a proceeding in the
headquarters building had not been
productive of anything better than
couple of coal oil lamps. Lippert upon
being cross-eXamined by defendants
attorney contradicted his testimony
given upon direct examina ton in rebuff
tai, by testifying that he had con-
versation with Private Doyle and he
admitted that in talking of the objec-
said there were some things which the
'pettifogging" attorney Of Eckhardts
did not know about military law.
When the court convened yesterday
afternoon at l o'clock, the CROSSE exam
ination of Sergeant Martlick was con-
tinued. He said he knew that Cald-
well was lot given the required thirty
days notice Of discharge by the cap
tain, as Capt. Hannay had waited until
three days before the time was up, and
then notified Caldwell of his dismissal.
! The defense also tried, through the eX-
animation of witnesses yesterday, to
prove that Capt Hannay was preju-
diced against his men.
Sergeant Charles A. Jones was then
called by the judge advocate Witness
testified the reason he reported Eek
hardt to Capt. Hannay at Lake City
was that he was away from the cook
house without leave. He was present
at drill on the morning Of Dr.. q.
! Capt. Hannay had instructed the men
IN the drill when necessary. He had
instructed ECkhardt twice Witness
testified that he had been in the service
for a number of years prior to 1893.
! when he secured his discharge and en-
; tered the employment of the city rail-
way company While away from the
post he was married, and obtained the
necessary permission required from the
captain LOT married men TO join tnS
company. Mr.. Mcdonald brought out on
! cross exa mination that the witness was
given a private residence, and a private
mess, and received rations through
! Company A. Witness acknowledged
that he enjoyed a privilege which no
other man in the company enjoyed. He
did not know anything about the treat
ment which Capt. Hannay had accord
ed Caldwell, Marshall, Nelson. Wit
neSS testified that Hapnau
! drilled different from the lieutenant on
the morning Of Dec. 81. 1t was also
! brought out that the company had new
er drilled in Capt. Hannay's way, as 1t
were. since the morning of the 21st.
A. ]. Willard, private in Company A,
the longest man in length of service
at the post. was next called. After
making several preliminary passes"
he managed to get under the door, and
was sworn and testified that he did
not think Capt. Hannay had favored
any one except Private Jones. Hannay
had used the men well, he thought.
Sergeant Gilmore, Of Company A,
next testified that he had not known
of Capt. Hannay's prosecuting any one
in the company. He said Capt. Han
nay was an easy man to approach,
and good to his men.
Capt. William Gerlack, Of Company
D, Eckhardts former captain. was
called by the judge advocate. His evil
dence being objected to by defendants
counsel, he did not testify.
Lieut.. Byroade and Lieut.. George
Bell Jr., both testified as to Eckhardts
coming to them and asking for advice
as to what course to pursue after he
had been arrested within the confines
of the garrison.
The proceedings today will just
about wind up the court martial which
has dragged over two weeks, and has
been in almost continuous session
since. Today the judge advocate and
counsel for the defendant will submit
| their arguments, after which the court
will consider the case and make their
report to Col Page.
Lieut.. Byroade, who is the youngest
member of the court, according to the
rules governing a court martial, an
nounces his decision first and the rest
of the court in the order Of the re-
spective ages. Col. Page has authority
to set aside the findings Of the court.