New-York tribune., 1899-04-07
O'CONNOR COURTIARTIAL ENDED.
ONE OF THE CHARGES AGAINST THE CAPTAIN
ADMITTED TO RE NOT PROVEN.

ONE OF THE CHARGES AGAINST THE CAPTAIN
ADMITTED TO RE NOT PROVEN
The court-martial to inquire into the charges pre-
ferred against Captain Samuel s. O'Connor OF COM
pany A. 9th Regiment completed its work at the
9th Regiment Armory at noon yesterday. Inc
Board was composed OF the following omcers' all
of whom were present: Major j. w. Lester. or the
"a Regiment Schenectady. president: Captain J. T.
Collins eth Separate Company. Cohoes; captain
D. T. vunk 10Th Separate Company Amsterdam
Captain Loyal l.. Davis. 18th Separate Company
Glens Falls: Captain Frank Bander. S1th Separate
Company Schenectady. Major Austin A. Yates or
the I'd Regiment. was Judge Advocate
There are three counts I'm the charges against
Captain OConnor and they preferred by Ad-
utant Hardy The captain was accused OF unmili-
tary and unofficial conduct. conduct unbecoming an
officer and gentleman and conduct prejudicial to
good order and discipline.
The particular offence took place after the return
of the regiment from Chickamauga, when Captain
OConnor entered the room Of Leutenant-Coonel
Rand in the armory and told several officers that
they should pay certain money they owed TO the
regiment particularly their assessments to the Hos
pital Fund
The first meeting OF the Board was held last Mon
day evening and continued on Tuesday evening
when an adjournment taken until to-day. The
plan for the morning was that the Judge-Advocate
and Captain O'Connor should submit written argu-
ments briefs TO the Board. but this was dispensed
with and each side offered a brief oral argument.
Major Yates. the judge Advocate. was the one to
propose that the arguments be oral. He said:
"Of course. don't expect TO find speakers or
lawyers In the military profession. and the less we
have Of them the better but | guess we can tell
our stories" Major Yates said at the start that
the prosecution felt that 1t had not proved It's case
far az the accusation that Captain O'Connor had
given out information was concerned. He thought,
however, that the captain had committed a breach
of military discipline when he talked as he did to
his superiors. Major Yates said that this was the
only point he had left
Captain O'Connor again denied that he had used
the language ascribed to him. but admitted that
he had said that II any untruths were published ne
would that they were corrected. He admitted
telling the officers that the reason the regiments
bills not paid was because the officers did not
pay what they owed TO the regiment. and also say
Ing that Lieutenant Colonel Rands name was at
the head OF the list of the ath's debtors Captain
OConnor positive In making this statement.
and the Judge Advocate seized upon II to point out
that the captain should be censured for talking
10 his superior officers
The Board adjourned until next Tuesday when II
will meet in the 10th Battalion Armory. in Albany.
10 come to decision in the case of Captain II. P.
Witherstine of the I'd Regiment who Is charged
with making unauthorized expenditures OF his regi-
ments money. The Board will report on the OCon-
TO Major General Roe. II he approves OF
the decision It will be published among general
orders.