Audubon County journal. (Exira, Iowa) 1884-1993, 1899-05-25


have told. He cut Pecksniff dead when
that officer returned to Emory and re-
fused to go near the fort. He threw
open his doors and his heart to Loring
when the convalescing engineer was
brought in from the ranch. The new
general actually came, ostensibly to in
spect the post, but spent IL hours at
t'olsom's by Loring's side to the one
devoted to Stevens, and everybody felt
that there was storm brewing that
would break when finally the witnesses
for the defense arrived and the Loring
court could meet.
But who would have dreamed there
could be such dramatic scene before a
military tribunal?
1t came with the third day of the
trial. The court had been carefully Sc.
lected by old Pecksniff. whose adjutant
had obediently signed the charges drawn
up under the chiefs directions There
were only nine officers in the array
mo others being available without
manifest injury to the SERVICE" read
the formula of the day. Five were Off
GERS of Stevens regiment, onea cavalry
major, the Others of the pay, commits
sary and quartermaster' department..
None had known Loring. Everybody
expected him to object to some at least,
but be objected to none.
The judge advocate was a vigilant
official who made the most Of his oppor-
tunity, but his witnesses for the prose
cution were, with one exception, weak.
The exception was Nevins. He swore
stoutly that he had given the valuables
in Arizona to Loring and from that day
had never seen them until they were
found secreted in Loring's trunk, and,
to the amaze of the court, Loring de-
cllned to cross examine. Petty was a
failure. He wanted to swear to thou
sand things that other people had told
him, for of himself he knew nothing,
and, though the defense never interpos-
ed, the court did. 1t was all hearsay,
and he was finally excused.
Mrs. Burton appeared, but, like Mrs
Cluppins, of blessed memory. had more
to say of her domestic and personal af-
fairs than the allegations against the
accused. Miss Allyn, said the judge ad-
vocate In embarrassment, was to have
appeared on the afternoon of the second
day, but did not, nor could he find her
She was most important witness, so
he had been assured by various persons,
but at the last moment she had appar-
emily deserted the cause of the prosecu-
ton. A civil court would have had
power to drag an unwilling witness be-
fore 1T and compel his or her testimony;
military court has neither, SO long as
the desired person is not in the military
service. which Miss Allyn and some
80, 900, 900 others at that time could not
be said to be.
A sensation was sprung on the
court at this juncture by the defense. 1t
magnanimously informed the court that
John Folsom of Gate City knew where
that witness was in hiding and that she
could be reached through him, where
upon the judge advocate seemed to lose
his eagerness.
Something was wrong with the pros
ecution anyway. 1t had begun with
truculent confidence. 1t was unnerved
~ VIZ SSASAAS OSAu GOoulC VI lllS uCCuS6u
and his refusal to object to anything, to
cross examine, to avail himself of any
one of the privileges accorded the de-
Tense. This could have only one inter
probation, and Nevins, twitching with
nervous dread, was worrying the judge
advocate with perpetual questions as to
the witnesses for the defense
Whom xporo fboxy 70 bo .
Who were they? And the judge advo-
cate did not know. Very unfairly had
he been treated, said he, for the list of
witnesses for the defense not only had
not been furnished him, but he had
never been consulted.
Two or three "stuck up' engineers
had come out from ST. Louis and De-
troit, and Loring and they had been
actually hobnobbing with the depart
ment commander. But the mere fact
That the meeting of the court was de-
layed until the end of September proved
that they must be coming from the Pa
cific coast, at which announcement Pet
ty looked perturbed and Nevins twitch
ed from head to foot. He didn't sup.
PoSo, uo soAl, tu6 Ou1Gel OluC6S WUUIu
stand the expense of fetching witnesses
way from California. Transportation
and per diem would cost more than the
whole business was worth.
And the judge advocate was wishing
| himself we'll out of it when, on sunny
Friday morning, the third day of the
! court, the president raped for order
and the big roomful of spectators was
f, hushed to respectful silence. The de-
Tense had made its first request, that
the principal witness for the prosecu-
ton, Nevins, should be present, and
there he sat- nervous and fidgety as Lor-
ing was serene.
In halting and embarrassed fashion,
very unlike the fluent ease with which
be opened the case, the judge advocate
announced that, owing to the impossi-
bility of compelling the testimony Of
witnesses on whom he had relied, be
was obliged to announce that the prose
cution would here rest. The defense,
of course. be said vaguely, would wish
to be heard, though he had not been
honored with any conference or even q
list of the witnesses.