The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-13
COMPANY A'S CAPTAIN TESTIFIES
IN THE ECKHARDT COURT
MARTIAL
IN PROGRESS AT SMELLING.
PRIVATE PLACED UNDER AR
REST.
Claimed He Yves Prosecuted, but Re-
fused to Put HIS Complaint in
Writing.

The court martial which is trying the
case Of Private Eckhardt of Company
A, Thlrd infantry, charged with in
supordlnaton, consumed all the morn
ing and most Of the afternoon yester-
day nearing statement of the case
from capt. Hannay, the accused's COM
mand1ng officer. The statement was
brought out on direct examination by
Lieut. Kennedy, judge advocate, and
is substantially as printed in the
G OBJ e. Those who looked for sensa-
tional features in the case were disap-
pointed so far as the proceedings Of
the day go. Capt. Hannay takes ex-
ception to the published statement as
to his having accused Eckhardt of be-
ing drunk, and also denies that he fol-
lowed up every opportunity to make
accused smart for having refused some
time last summer to give information
concerning a fellow soldier named
Caldwell, since left the army. These
statements, it is understood were con-
tanned in the papers furnished E. E.
Mcdonald by his client.
Capt. Hannay appears to be anxious
to have the trouble sifted to the bot
tom, and the point now seems to be
whether he was justified in ordering
Eckhardt's arrest for failing to obey
His order to submit written complaint
when the army rule provides that a
soldier may" make complaint. The
captains position would appear to be
that this command to make the written
complaint was made because Of what
he considered the insubordinate man
ner Of the private, while accused's
counsel maintains that such insolence
or sign of INSTRUMENTATION is not suf-
ficient warrant for a command which
goes further than one of the rules Of
war expressly stated
The first thing yesterday morning,
Capt. Hannay was sworn, and Lieut..
Kennedy, judge advocate, took up the
direct examination. The captains tes-
timony was in the main bearing on
the facts connected with the incidents
which are made the ground for the
specifications against the private, and
consumed the entire day. Asked by
Lieut. Kennedy if he had fixed limit
of time as to when Eckhart should
make his complaint Capt. Hannay re-
piled in the affirmative, adding that
he had allowed the private two days, or
until Dec. %. Eckhart's manner, aC.
cording to the witness, was distinctly
aggressive, his tone was that of ac-
cusation, his look defiant in fact, his
whole demeanor was inSubordinate.
Witness, on the 23d, finding that Eek
hardt had failed to put in his com
plant as ordered, sent for him, and,
after finding that he had not prepared
one, ordered a sergeant to place him
under Arrest Capt Hannay says that
then Eckhardt pleaded that he had nu
opportunity to secure counsel. The
captain says he asked the private if he
had not been down town to see a
lawyer on the 21st, whereupon the
soldier stated that his inability to Sc
cure counsel was due to his captains
refusal to furnish him with pass.
Capt. Hannay told him that he was
not ordered to make charges, bur
simply to write down his complaint.
Eckhardt claimed he could not write
sufficient English to do this. Sergt.
Sundwall, upon being called by the
captain, said he had seen Eckhardr
write letters in the German language.
Capt. Hannay next testified that
Eckhardt then turned on the subject
Of drilling, and said in substance that
he (EckhardD could drill all right
under Lieut.. Byroade, but could not
under Capt. HannaY and further that
the two drills were as different as day,
and night. 1t was during this CONVEX
sation, according to. the captains testi-
mony, that the accused broke in with
the remark, 81 think am a prosecuted
man" To the captains question, ''Do
you?" he replied: 4
Eyes: it seems you want to hang
me-"
Some portion of 1.-THE conversation
which then ersued referred to Eek
hardt's lying on his bunk on the MORN
ing of inspection, Capt. Hannay send
ing him, upon the assertion that he
was i'll, to the post surgeon for en-
animation. In his testimony the CAP
tain explained that after Eckhardt
had claimed his inability to WRIT.
Sergt. SundwaH was detailed to aid
him, and he was given until 2:30 or )
o'clock to bring in the complaint
The sergeant later officially informed
Capt. Hannay that the accused had
refused to comply, saying he had had
all he wanted to with his captain Ac-
cused was present when Sundwall was
ordered to aid him. and the situation
was explained to him.
The captain states that his manner
was the same on the 23d, as on the frs,
occasion, insolent in tone and defiant
in manner. Witness considered him
grossly insubordinate. Accused had
openly criticised his company COM
mander. Accused was shifty in his
conversation with the captain. Hav-
Ing said something uncomplimentary,
he was asked if he meant what his
words would imply, whereupon he
would change his tone and give no
satisfactory explanation. E. E. Nc
Donald, counsel for the accused, then
took witness. He asked Capt Hannay
to repeat the conversation having to
do with accused's alleged lateness for
drill on Dec q.
Capt. Hannay said: 'You were late
for drill this morning.
Il was not late" was Eckhardts re-
ply.
But you were late for drill" put in
the captain.
1t was then brought out that after
A company, of which Eckhardt is a
member, had fallen into drill without
arms, the men were, ordered to go to
their quarters and get their guns
Counsel for the accused sought to
bring out that his client was not late
for drill, butSwas in his place and