The San Francisco call., 1899-04-11
Trend Of Testimony at
His Court Martial.
MAJOR EDIE CALLED FIRST
BOOKS NOT KEPT, BUT PAPERS
ALL SEEMED RIGHT.
Accused Suffered From the Effects of
Grip and Would Not Have Acted
as he Did Had He Been
Well.

The trial Of Lieutenant John NJ Neall
was commenced in earnest yesterday
morning. The charges against him were
read and he pleaded to them. and the eX-
animation of the first witness, Major Guy
L. Edie, was nearly completed.
The accused pleaded not guilty to all Of
the charges and specifications except to
the first charge and its first specification
and to the first specification Of the second
charge. His plea to the first charge and
specification was a qualified one, however,
for he pleaded guilty only 10 the speclflca-
tion as altered by himself The first
charge was absence without leave; the
first specification Of the charge was that
he had wrongfully absented himself from
l p. m. Of February Is. 1893, TO u a. m.
March 19 1899. This he pleaded guilty 10
as Of from I a. m. February is 10 10 p. m.
March Is. The other charges, contrary 10
expectations included all the matters OF
company, exchange and club shortages al
legged against him from the first of the
trouble. and also two cases of deception
which were not known before. He was
asked by the adjUtant, Lieutenant Har-
ris why he did not turn over the ac-
counts Of the post exchange in conformity
with the orders he had received, and he
told Harris he could not do so until he had
had indorsed by the administrative Of the
late Captain Nolan certain checks made
PAYABLE TO Lieutenant Nolan when he was
IL charge OF the exchange. This statement
was false, the specification alleges, and
was made for the purpose Of deceiving
the aC1UtanJ. The same statement was
also made TO the QuartermaSter, 1ieuten-
ant T. II. SIaVenS, and upon that a Sec
Ond specification is based. He is also ac-
Cused Of conduct unbecoming an officer
and q gentleman, the specifications being
that he left his wife and family without
means OF support, that he did not pay
his bills, and that ne deceived his brother
officers. The four charges in brief are:
Absence without leave; absence from
guard mount conduct prejudtcial to good
becoming and officer and a gentleman.
The second charge is based on the fact
that on the day he disappeared he had
been ordered to duty as officer Of the day
and as such had charge of the guard.
Major Edie, brigade surgeon and in
charge of the medical department of the
post. was the first witness called. He
said he had been called to see Mrs. Neall
the day after NeaN had disappeared She
told him Neall had never been away be-
fore and she was afraid there was some
thing wrong with him. She said he had
been acting peculiarly for some time and
she was much worried over his absence,
The next day Major Edie called on Mrs.
Neal again, and as her husband had not
appeared he asked her If she was in need
of financial assistance She said she had
no money c7cept what was in Nealls
pockets. so a meeting Of the officers was
called in the Preside Club and some
money was subscribed, which Mrs. Neal
accepted as loan and which subsequent
testimony showed she had paid back the
day after NealIs return. Major Edie was
then questioned on the shortage of troop
funds. He had been member of the
council Of Investigation that went over
the books Of Troop 3, and he described
how they had not been written up from
the quarter ending March 81, 1898. Bills
TO the amount Of S374 % had been present
pearance. There was some attempt to
show something Of the shortage of club
moneys charged 70 the negligence of the
accused, VINO was treasurer Of the club,
but that line was evidently reserved for
another witness, for II was not followed
far.
On cross-examination the witness stat
ed that Mrs. Neall, when he went to call
on her after her husbands S Disappearance,
declared her husband must be dead. Crit
tenden Thornton, who represents the ac-
cused. questioned the witness closely as
TO what he had found from the inVesti-
cation Of the troop books and how far
that investigation went. The witness said
the council had no power to proceed fur
ther than TO ascertain II any money had
disappeared. There was no evidence to
90 by except the unpaid bills. which had
been kept, and these he admitted were
all on hand and easy Of access and there
had been no further demands made on the
troop except those which came in lust
after Neall disappeared. Those bills too
IL was shown, were all of this wears
dates, and Thornton brought out the fur
theT fact that there was no knowledge
OF the fact that the tradesmen presenting
the bills had refused further trade or had
feared any loss.
He failed TO write up his books from
vouchers on hand. and that was the ex-
tent OF his neglect Of duty 10 that de-
gree?' was Thornton's question
Yes was the answer, that was his
neglect Of duty to that degree so far as
We could learn from the papers"
Major E4Qle also brought
that the duties Of treasurer Of the club
were somewhat OnerouS, the inference be-
Ing that the neglect Of duty in that par
ucular was also due to carelessness rather
than to viciousness.
Major Edie has been ordered TO Manila
with the first transport, and so Thornton
asked leave at that time to examine him
for the defense The room was cleared
and the court considered, announcing a
few minutes after that such procedure
would be allowed
Thornton Immediately took up the sub
iect of Nealls health. The witness said
be had attended to Neall for the effects
n severe attack Of the grip. and he had
advised him TO go TO bed and stay there.
Neal had been attacked in December Of
lssS. and owing 70 his mental and physical
exhaustion he had consulted Edie pro
tessionally, as well as in d friendly way
IL was also s-oWn that during the recent
war NeaN had been performing a great
zeal OF extra duty and 1t ran him down so
be was seriously in need of'rest. He was
hen really keeping up on alcohol" were
the words of the witness.
do you consider" questioned Thorn
ton. that If he had been In his normal
state he would have absented himself to
avoid The. consequences of any action Of
II do not believe he would, in his normal
state" said the witness.
That practically ended the proceedings
for the day
1t IS not likely the trial will take up