The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-01-19
CAPT. HANNAY TREATED HIM
WELL, HE SAYS, TO A GER
TAIN TINE,
THEN EVERYTHING WAS CHANGED.
The Defendant In the Court Martial
Spends the Entire Day on the
Stand.

defendants counsel, E. E. Mcdonald,
the court adjourned until Thursday
morning, when Eckhardts examina-
ton will be concluded and Capt Han
nay again be put on the stand to tes-
t1fy upon a number of points
AT the opening of the morning ses-
sion of the court defendants attorney
asked permission to call a witness out
OF the regular order, which the presi-
dent of the court granted. Private
John Jacobson, of Company D, Third
infantry, was then sworn, and testi-
hed that he was present in the barber
shop when Lippert came in and talked
of the trial with number of people
In the shop. He had heard him talk
about the matter for five or six min
utes, and heard him say that Eckhardt
was no good, and witness said from
the conversation he thought that Lip
pert wanted Eckhardt to get the worst
OF the trial. The defense tried to get
witness to testify to what else Lippert
SAID about the matter, but witness
could remember nothing else
The defense then called another pri-
Vate, who testified that he also had
heard portions of the conversation in
the barber shop. In Eckhardt's testi-
mony, as given below, the defense tried
to show that Lippert had a personal
feeling against the accused
Private Eckhardt entered a complete
denial of the charges of insubordina-
ton, claiming that he was neither in
solent or defiant, that he had always
behaved himself since he entered the
service.
In opening, Mr.. Mcdonald his at
torney, upon direct examination, took
him back to the Caldwell affair. Eek
hardt testified that shortly after Capt,
Hannay had called him to his tent and
asked him to subscribe to the paper
Whlch contained charges against Cald-
wen, there was summary court mar
t1al at which Caldwell was DISCHARGED
from the service. Eckhardt said he
was the only witness, in fact one of
the participants, and yet he was not
called as a witness Caldwell after
wards brought the matter up before
the board of officers, who investigated
the charges and granted him a straight
dlScharge, Which entitled him to enlist
again. Eckhardt also testified that he
had gone into the orderly room shortly
after the trial and that Lippert had
said that Capt Hannay was warm in
uhe collar, and wild, and accused every
on-commissiOned officer of having pur-
jured themselves in their testimony in
the Caldwell case. Eckhardt testified
at considerable length as to Lippert's
threatening to get even with him some
time If he said anything to the captain
about what he had said about the cap
tain being mad. Eckhardt claimed
that he told Lippert that he would tell
the truth regardless of the CONSEQUENT
ces. Sergeant Martlick had said he
was going to report to Capt Hannay
L1pperts statements. Eckhardt in his
testimony said he thought Martlick did
report the matter to Capt Hannay, but
nothing ever came of it.
Eckhardt then related the incident of
the drill Dec. 21,upon which the specif-
cations against the accused are based.
he denied that he was insOlent or de-
f1ant. He explained at length his ac-
lions on that morning. He was in the
orderly room when the company fell in
Tor the second time, and was about
half minute late in getting to ranks
Capt. Hannay said to him, "Eckhardt
you are late" NO captain, I am not
late; 1 fell in when the company first
fell in witness said. Capt Hannay
said in reply to this, What, do YOU
mean to call me liar?" To which he
replied. No, captain, 1 do not, but you
have been misinformed about me-"
Ihe accused claimed in his testimony
that Capt. Hannay arraigned him
twice for being drunk but that he had
denied it on both occasions. Eckhardt
then illustrated the difference in the
drill by Capt. Hannay and by Lieut.. Bv-
roade. He thought Lieut.. Byroade was
correct in his direction of the drill, be-
cause when he told the captain about
the difference in drill captain said
something to the sergeant, and the
drill was afterwards gone through un-
der the direction of the sergeant, after
the fashion of the lieutenant. Eek
hardtS testimony as to the converse
ton In the orderly room differed ma
terially from the evidence given by
witnesses for the prosecution in many
particulars. His statement of the facts
connected with the incident of the
morning of Dec q was quite exhaus-
tive
Eckhardt said after he had refused to
make out his complaint in writing, he
called on G. D. O'Brien, an attorney in
st. Paul, and Mr.. O'Brien advised him
not to give the captain the names of
his witnesses, as it was hard enough
for private to prove anything against
the officers, no matter how good his
case might be. Eckhardt told his adj
visor he. did not like that kind of talk
about his officers, and left the office
He next called upon Mr. Mcdonald,
who arranged to meet him the next day
and draw up the proper papers in the
matter. The next morning when he
applied for another forty-eight-h hour
pass, he told Sergeant Martlick that he
was going to consult with a lawyer
Capt. Hannay got wind of it and order
ed him under arrest at once. Eckhardt
claims he was refused the priv
ilege of telephoning to his at
torney, and was kept in the
guard house without being able
to get word to Mr.. Mcdonald from Dec
% until Jan. 3, when he managed to
send telegram to Mr.. Mcdonald
Upon direct examination. Eckhardt
testified that he had never been arrest
ed before, and that Capt. Hannay was
a good captain to him until he refused
to testify against Caldwell; since then
things had changed, and Capt Hannay
had showed feeling against him re-
peatedly.
Judge Advocate Kennedy took the
witness after the court convened In the
afternoon, and went over every portion
of the testimony Of the accused.
The court adjourned until II o'clock
Thursday, when Eckhardt's cross-eX-
animation will be resumed.
Officers on the Carpet.
The hearing before the mayor of charges
brought against Patrolmen J. HennesSey and