The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-03-04
GEN. MILES NOW
HAS A LAWYER
Engages Counsel to CrOSS-EXamile
Witnesses.
HE Is NOT THE DEFENDANT
But Is Determined That Nothing Shall Be
Suppressed.
WITNESSES CONDEMN THE BEEF
Some of Them Declared That it Was
Putrid, While Nearly All Admitted
That it Was stringy, Unpal-
atable and Nauseating.
WITNESSES CONDEMN THE BEEF

Washington, March 3.-The latest devel-
opment of the war department court of in
quiry into General Miles charges was the
appearance today of Major Jesse Lee as
counsel for the general commanding the
army. Major Lee was so introduced to the
court by the recorder, Colonel Davis, at
the beginning of the afternoon session. He
began to cross-examine witnesses at once
and with the first one antagonized the
court to the extent of demanding the ad-
mission of certain letters as evidence, but
was refused. The proceedings were not
marked, however, by any evidence of un-
pleasant friction between the court and the
rev counsel.
Captain A. M. Gray, of the Sixth Mas
sachusetts, which went to Porto Rico on
the Yale when she carried General Miles
south, said the principal cause of COM
plant among his men was not as to the
quality of the rations, but because they
were short in quantity. He said the trans
port went first to Cuba, and the troops
were aboard longer than had been expect
ed SO he understood the men were put on
short rations for fear there would not be
enough to last.
a. ECarrled Other Provisions
Ibid not the Yale carry provisions in her
cargo aside from the mems travelling ra-
tions?' asked Colonel Davis
'.I understand that she did,
Ibid you report this state of things to
any higher authority?"
~ reported to my colonel
WAS there any higher officer on boardY'
Eyes, there was the general commanding
the army"
While on detached duty on shore wit
ness said his men got hold of one lot OF
very poor canned beef, two-thirds of which
was spoiled and the remainder OF worse
quality than he had seen elsewhere
Afr d f. Foote, of Holyoke, Mass,
sergeant of the Second Massachusetts,
which served at Santiago, had new ad-
iective for the much-discussed canned roast
beef. He said it tasted "bleached." Some
of it seemed to be simply boiled to death
and the other was absolutely putrld. Pfoo-
ably one-third was spoiled In TINS way.
The men talked the meat over, abused It
nrivatelv. and some declined to eat it. His
command got comparatively little refrig-
Grated beef, much of it spelling before 1t
could be cooked and falling after II was
cooked to keep from dinner to supper.
Feast of Pleaty
Captain M. B. Critchield, of the Eighth
Ohio. which also served in Cuba, describing
the voyage south on the st. Paul as reast
of plenty, corned and roast beef being
piled I'D by the ton ON the deck where the
men could get 1t for the taking.
He said that from the landing on July
10 to the surrender of the 18th, there was
no little complaint as to the ration. After
the surrender the regiment was camped at
Seyilla about six miles east OF the city.
Here they got an issue of refrigerator Deer
that the men refused to take. He inspected
the meat, cut the quarter In half and found
<.d on 6n inc a
though green and Shiny on the surface.
He cut some from the inside, cooked 1t and
was made very sick by eating it. So were
the otheer men who tried it. The surgeon
major ordered the beef buried and no more
was drawn for a month.
The court then went into executive ses-
sion to consider the reply of General Miles
to the inquiry of the court as to whether
he wished to be regularly represented by
counsel and 1t was stated after the session
that Major Lee will hereafter appear as
the regularly accredited counsel for Gen.
eral Miles.
Major Lees Appearance
The appearance of Major Lee in the case
was the elimination of considerable cor
respondence between General Miles and the
court as to the accuracy of some statements
made by the witnesses on the stand and
which General Miles said he had official
data to prove 1t incorrect. 1t began with
the testimony of Colonel Woodruff several
days ago that the beef herds were seldom
II ever driven with the troops in the Indian
campaigns of the west.
General Miles called the attention of the
court to this case and was informed by let
ter that If he choose In his rights to be pres
ent or be represented by counsel to keep
track Of the examination. General Miles
said that If 1t was the custom in such
cases he would be represented by Major
Jesse Lee "for the purpose of participating
in the examination with view to eliciting
the full truth pertaining to the subject
under discussion
This does not place General Miles in the
position of defendant before the court, but
gives his counsel the right of conducting
a direct or cross-examination as fully as he
desires.
II. 8. vanschack, of the Rough Riders,
testified that the canned beef was bad and
rations generally unsatisfactory. He said
that he had been more or less i'll since his
return and had been informed by his BROTH
er, physician, that he was suffering from
stomach trouble due to bad and insufficient
food.
Raised the First Issue
At this point Major Lee counsel for Cen
eral Miles, raised the first issue with the
court. Witness said he had certain letters
written him from Cuba, describing the con-
ditions there from day to day. He offered
to read them, but Colonel Davis declined.
Major Lee stated that he thought the let
ters should be admitted as evidence, tending
to bring out vividly the very conditions
which were being inquired into.
: The court declined to entertain this sug-
gestion.
Lieutenant Thayer. who was aboard the
Yale on her trip to Porto Rico. supported
the preceding witnesses In all the uncom-
plimentary things they had said of the
canned roast beef. Major Lee continued
the examination and elicitetd the fact that
the refrigera.6r beef served aboard the Yale
mas a. offeu A- q that II was repulsiye even