The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-08-20
DUNCAN'S DEFENSE.
It is Said It Has Some Pretty Strong
Features Not Made Known.

The defense in the case of DR.. Louis
C. Duncan, assistant surgeon of the
Twenty-secOnd Kansas regiment was
opened before the court martial at
ThOrOughfare Gap, Va, today. Major
A NJ Harvey is said to have worked
up strong case and even in the face
OF the damaging testimony introduced
against his client hopes to clear him.
The closing testimony of the prosecu-
ton was as follows:
James E. Mcguire a private in the
One Hundred and Fifty-ninth Indiana,
testified that he recognized Captain
Duncan as one of the men he saw at
the grave of J T Duke near Bull Run,
August s. He said: I was with Cor
pOrals Coleman and Osborn, looking at
the men digging in the grave and read
the inscriptions J. T. Duke, Cahaba
Rifles, Fifth Alabama, died August 20,
1851 on one tombstone, and J. 7. D.
and a square and a compass with the
letter C beneath il on the other stone.
Coleman. Osborn and myself went aside
and discussed the best means of stop
ping the work
DIR. Duncan seemed to be directing
the work He pointed to a hole and
said; Dig there When they left he
told one of the men to bring the spade,
that it was his I reported the matter
to Lieutenant Colonel Mccoy, who or
dered me to take a detail and arrest
the men, but the officer Of the day was
before US and the men ran The cap
tain had on light duck suit, with a
captains bars and a red cross I saw q
skull on the outside and heard one of
the men said: The breast bone must be
here unless the fellow is buried upside
down -
Corporal Edwin b Turner. company
NJ, One Hundred and F'ifty-ninth In
diana, recognized the accused as Cap
tain Duncan, assistant surgeon, TWen-
ty-secOnd Kansas. He. too, witnessed
the grave digging August s. He saw
Dr. Duncan in a haIf-kneeIing position
at one of the graves directing the work
The doctor said: Dig down in here
and again Dig that dirt from there
The corporal saw the inscription and
heard several persons protesting against
the Dissertation. Corporal Turner is one
of the guards who has guarded Captain
Duncan since his arrest
Sergeant W. J. Wiltshire. company NJ
One Hundred and Fifty-ninth Indiana,
identified DR.. Duncan as the man in
light uniform, joking with the grave
diggers. The doctor had pole in his
hand, pointing to places and saying:
Dig here" He heard one of the men
in the grave say: I wonder if he come
up and ketched me if he would ketch
me by the heels and draw me to hell.
where he is % Another one said: 1T is
pretty rocky; looks like he was put
here to stay"
D. F. MariIla and Alfred Dickson, prf-
Yates, company A. Third Missouri. were
called to identify the grave in question
as the Duke grave A map of the vi
cfnity and a button identified by them
grave were filed as exhibits The stat
ute OF Virginia making the Offense a
felony was introduced in evidence.
Philip A Wise. company F. Twenty
second Kansas, one of the principal wit
neSSeS in the Duncan grave rObbing
case and who gave very damaging test
imOny against himself before the
board Of court martial has deserted his
After he realized the position
in which he had placed himself he be-
came greatly agitated and broke for
high grass. Tt is expected that several
others belonging to the Kansas, Indiana
and New York regiments will also de-
sert.