New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-12-20
TRIAL or 7IST OFFICERS.
OPENING OF THE COURT MARTIAL OF
CAPTAINS BLEECKER AND MEEKS
DEMURRERS TO THE CHARGES ovERRULED BY
THE COURT AND ADJOURNMENT TAKEN TO
THIS EVENING FOR THE TAKING

THE COURT AND ADJOURNMENT TAKEN TO
THIS EVENING FOR THE TAKING
OF TESTIMONY
The first court martial OF a commissioned officer
since the trial and reprimand of Colonel Seward
Of the 9th Regiment, in 1894 for Violating a discre-
tionary parade order. began last night in the list
Regiment Armory Park-ave. and Thirty fourthst..
Captains W. F. Meeks and a. J. Blocker. Of the
list. being placed trial for critcising the
duct OF Major Clinton H. Smith and Captain John
| II. white whom they accused Of cowardice In the
! face OF the enemy at Santiago on July /. The for
/ NAL charges are: DECENTRALIZATION of Paragraph
VII OF the military regulations. which reads: De-
nberations or discussions among military con-
veying censure toward others In the service. and
all publications Of a personal nature. prohi5
| tied Second-Conduct prejudica 10 good order
and military discipline" The court IL composed OF
! Colonel Solomon T.. Japha. 10Th Regiment. pres-
dent; Northumberland Adoph l.. Kline. l4th
Regiment: Lieutenant Colonel James NJ Jarvis.
sth Regiment Major William A. Stokes. 23d Reg-
men'. and Major Austin A. Yates, I'd Regiment,
Major Edward NJ. Grout, of the Second Brigade, IL
the judge-advocate and tho accused officers have
ex-Judge Advocate Henry s. Van Duzer for their
counsel.
Last nights hearing public. and great
throng Of Guardsmen. most Of them from the list
Regiment. attended.
With the exception of ex-Judge Advocate Van
Duzer. representing the two defendants. all those
having part In the proceedings including the ac-
cused captains. in full uniform. Judge Adj
vocate Grout opened the trial by reading the
charges. The articles published In the daily news
papers included in these Captain Blocker
was the first to be charged. When asked TO plead
counsel for the defence objected the ground
that the facts submitted did not constitute suil-
cient evidence TO sustain the charge me same
plea made IN regard to the second charge.
Mr.. Van Duzcr then asked that an Adjournment
be taken in order that Captain Weeks might be
called. might plead and the same objections be
made
The Court retired 10 consider this, and after an
adjournment Of five minutes returned and an
rounced that the against Captain Bleecker
would have to be tried first
Mr.. Van Duzer then argued In support q his Cd
lection He said that the charges were the most
serious and peculiar he had ever noticed There
charge that the statement was untrue; the
charge was purely technical. and he did not think
the court could than reprimand officers for
making statement that was truthful. He would
not claim that the accused was an officer OF the
United States Volunteers when he made the state
ment complained Of. and therefore not amenable 10
a State court-martiai but he wanted to insist that
the charge is purely technical An officer might
publish anything he pleased as long as II dd not
/ relate TO official transactions
Captain Blocker did not want TO plead a tech
nicalty to a technical charge. II. insisted on
proving the truthfulncss OF the printed articles. In
only place he said was there an inference
against Colonel Downs and that was where Colonel
Downs. Major Smith and Captain Whittle and STAFF
officers found by orderly three miles in
the of The giment during the Datte Of san
Juan.
IF Colonel Downs is here" ne said "he may be
able to clear himself Of any imputaton Of cow
ardice. This is not a censurc II was merely an
historical fact narrative Of which the defendant
Is merely the historian
Srnp said
went ahead and eft Iieutenart-coone Smith be-
hind. there Implication Of cowardice ex-
cept it might strike Smith in that way. What
would be cowardlce In one man would be the acme
OF heroism In another.
Where did Captain Blocker leave Lieutenant
Colonel Smith" asked Mr.. San Duzer why.
just where he should have left him-with his colo
mel II is true they were three miles behind the
regiment. but he with the Colonel. just the
same. Now what the duties OF lieutenant colonel
are no man knows. Maybe It is the duty OF the
lieutena colonel for the horse blankets
G.aughterJ We all know that lieutenant-coionel
takes the place Of mis- colonel when the latter falls
in tile or becomes disabled through other causes
Now. as Colonel Downs three miles in the rear
OF his regiment nufl- me nght' ana a. SOM ,lns
might have happened 70 him at that point II was
his colonel awaiting any emergency That Is Ms
tory. These men merely say that Lieut. 90,
wnen the regiment got there That is history
facr o no sehey sampson and even General
shafter have written reports IN neWspapers ana
MAGAZINES Shall they be accused or censureY
Mr. Van Duzers remarks were much enjoyed by
the spectators and the sergeant had To call
for order frequently. JudgeAdvccate CIRCUITS argu-
ment against the demurrer was short and concise
He said that If an officer had complaint or
charges to prefer against A fellow -Oiicer he should
prefer the complaint or charges against the officer
through the regular military channles. II in doing
this il led TO court OF inquiry then the justitca-
ton Of his complain and charges could be brought
ont Mr. Grout contcndcd that no officer in the
military service had any business going before the
public in the newspapers before bringing the
charges in the manner prescribed by military law.
H.. said tina, he articles published prejudcial
10 good order and military discipline.
The Court then retired from the room 10 decide on
the demurrer 10 the charges raised by MIR. Van
Duzer and after fifteen minutes elaboration re-
or through his counsel then pleaded not guilty TO
ali the charges on the motion OF the Judge Ad-
vocate. adjournment in he case OF captain
Blocker was then taken until after captain Meeks
had pleaded. Then the fOrmalites OF the nrst case
were all gone through again. During the reading
of the charges. flashlights were set on that the
Court might be photographed. The officers spruced
up in order TO take nice pictures. Even the &C
cursed captains stood up and faced the cameras The
room became full Of smoke and gas, and the WIN
dows had 10 be opened. but no one seemed TO mlnu
interposed the sa me demurrer which was Over
ruled by the Court without an adjournment cap
tain Meeks pleaded n It guilty 70 all the chaIse
Judge Advocate Grout then said that an ADJOURN,
would be necessary TO hear testimony, ana
after much argument the Court declared the court
martial adjourned until this evening AZ $50 O'CLOCK