The Denison review. [volume] (Denison, Iowa) 1867-current, 1899-04-14

mo others being available without
manifest injury to the service, read
the formula Of the day. Five were OIL
GERS of Stevens regiment, one cavalry
major, the others of the pay, commits
sary and quartermaster's Department..
None had known Loring. Everybody
expected him to object to some at least.
but he objected to none.
The judge advocate was a vlgilant
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-
clined to cross examine. Petty was q
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 be was finally excused.
| Mrs. Burton appeared, but, like MIS-
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 adj
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 it and compel his or her testimony;
a military court has neither, SO long as
the desired person is not in the military
service which Miss Allyn and some
SO, 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
by the serene composure of the accused
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, aud Nevins, twitching with
nervous dread, was worrying the judge
advocate with perpetual questions as to
the witnesses for the defense.
When were they to be produced?
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 aud 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 Septemb Der 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
pose, he said, the United States would
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 thu third day Of the
court, the president raped for order
, and the big roomful OF spectators was
hushed to respectful silence. The de-
Tense had made its first request, that
!. the principal witness for the prosecu-
. stion, Nevins, should be present, and
! there he sat- nervous and fidgety as Lor.
ing was serene.
! In hating ana 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, he
was obliged to announce that the prose
cution would here rest. The defense,
OF course, he said vaguely, would wish
to be heard, though he had not beer
honored with any conference OF even 9
list of the witnesses.
: Then he looked inquiringly at Lor
4 ing, and every neck in the throngei
apartment, the biggest room at head
quarters, was "craned" as Loring quiet
ly handed him slip of paper.
The judge advocate read, looked puz
rI.N.l Ill Il
: You mean you want those summon
: ed?"
! mo. they re here, in my office"
- The judge advocate turned to the or
y Derby of the court, soldier standing il
full dress uniform at the door. Til,
: = h ||IIli ID +,