The San Francisco call., 1899-04-12
NEALL MAY HAVE
BEEN CARELESS,
NOT CRIMINAL
Defense Making Out
a Good Case.
HIS PHYSICAL CONDITION
MAJOR EDIE DECLARED he HAD
TOO MUCH TO DO.
Nothing to Show He Had Ever Ap-
piled Money He Received for
His Own Private
Purposes.
HIS PHYSICAL CONDITION
MAJOR EDIE DECLARED HE HAD
TOO MUCH TO DO.

1t is beginning TO look brighter for
Lieutenant Neall. Three witnesses have
testified, and there has been nothing said
that shows anything mere than the eff
fects OF Overwork and sickness The
prosecution has not finished, however,
and there may be stronger evidence in
reserve, but so far the defense seems to
be making out good case on the two
graYer charges, conduct unbecoming an
or1cer and a gentleman, and conduct
prejudicial TO good order and military
discipline.
The examination of Major Edie was
concluded during the morning session
OF the court. He said he believed the
state Of health in which NeaI was at
the time of his disappearance was due
TO his failure TO follow the directions
given to him to go to bed and stop work
ing. When Edle had given this advice
Neall said he had too much to do, and
he would be all right in q few days, any
way Edie had told him it was g very
serious matter, and he would not be all
right unles he took a rest.
The questions of the judge advocate
then turned on the statement Of the wit
ness made the day before, to the effect
that Neau was keeping his strength by
the use OF alcoholic stimulants. He
asked the witness what he meant by
that statement. Edie replied that
Nealrs appetite was gone, his food did
him no good, and it was necessary that
he take some stimulant to keep up his
strength.
Was it by your direction he took
these stimulants?' asked the judge ad-
vocate.
1T was not" said the witness.
Would the omission Of any part of his
abnormal state of his health?'
1T would eXaggerate it,
Looking back, would you modify your
opinion as to the condition of his health
IN February last?"
Il should say his i'll health was great
y aggravated"
'Were his many duties beyond his ply
sical or mental strength"
"Ceertainly they were. He should not
have been doing anything"
Captain Danes then asked if these
stimuants Neall took would not partly
account for his inability to attend to his
duties. i never saw him too much I'M
der the influence of liquor TO attend to
his duties, answered the witness. I
know he was not eating, and he had TO
keep his strength up with alcohol
That ended the examination of Major
Second Artillery, Inspector OF artillery
and inspector general OF the Department
of California Major Field told how he
had inspected the accounts of the post
exchange, but he hadanot been able TO
make q complete inspection owing 10 the
absence of Lieutenant Neall. When he
first ordered Neall to prepare for the in
spection he was asked to postpone 1t for
time, as Neall said he was then set
ting with the Eighth California Volun-
teers on February l5 however he was
ct the Preside on other duty and he told
NeaIl he would inspect the exchange
that afternoon at 2 o'clock Neall said
he would be ready, and Field went on
with his other duties. He went to the
exchange at half-past and found Neall
was not there. He asked for an orderly
from the adiutant and the orderly
hunted for the missing officer all over
the post but he could not be found.
Under cToss-eXamination 1t was at
tempted to show that Neall had consid-
cred that the time of o'clock was con-
ditional upon the duties the inspector had
TO perform, and that perhaps Neal be-
neved the inspector could not be there on
time but Field said he waited during
the whole AFTERNOON and still Neal re
mained away. He said that he did not
consider a wait of half an hour any
thing out Of the way, but he thought for
the officer TO remain away the whole af-
ternoOn was a circumstance that GER
tainly required explanation. He knew
Neall as a punctual and conscientious
soldier. and when he did not appear was
the first time he suspected something
was wrong He was afraid then the ac-
counts were not all right
Lieutenant +. w. Harris, ad1utant of
the post, was the next witness. He told
how on the noon Of the day Neall dis
appeared he received and receipted for
his order to duty as officer OF the day for
February 16, a matter that Mr.. Thornton
announced he did not contest, although
the accused had pleaded guilty.
Continuing, Harris told how Mrs. Neall
had come to him and told him her hus-
band had disappeared and she was left
destitute. He told also Of the action of
the officers at the club who raised money
for her. He said he had not received the
dividends from the exchange which
should have come to him for the use Of
-t- of nd ha hap nd
he had spoken to Neall about 1t, but had
received no satisfaction from him. He
told the adjutant he could not make any
return until he had had indorsed by Mrs.
Nolan, as administrative of the estate
of her husband, who had been Neall's
predecessor in charge of the post ex-
change, certain checks made payable to
Lieutenant Nolan. Harris referred the
matter to the commanding officer, Col
0nel Compton, but here Thornton put in
his first objection Of the trial. He OBJ
1ected 70 have the witness tell what
Compton had said to Neall. as it was
pearsay and the judge advocate with
drew the question until Colonel Compton
could testify himself
Harris then said he had received from
Major Edie who had got them from Mrs.
Neall. a bundle OF checks relating to ex-
change business. and these he had turned
over to the exchange officer, Lieutenant
SlaVenS. He looked over the checks be-
fore he turned them over and he saw
that some were made to the ''officer of
the post exchange, some TO Lieutenant
Nolan and others to Lieutenant Neall.
He was sure none Of them had been in
dOrsed by Mrs. Nolan.
He was also questioned about a bill to
the Preside Club, presented to Captain
Lockwood, which had not been paid. al
though there was a check from Captain
Lockwood turned over TO Neall for that
purpose.
Under cross-examination it was shown
that the bill was not very old one and
the check was also Of somewhat recent I
date. Further cross-eXamination showed
that 1t was on January % that Neall
spoke to the adjutant about the checks