Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-13
TRIAL OF CAPT. CHISHOLM
The Opening Session of Court Martial Held
Last Evening.
But Three Wftaesses Examined-PIeas
ruled-GoL Loves Statement.

The opening session of the trial of Capt.
d. V. Chisholm. Company B. ID Battalion,
d. C N G., by court-marttai was held last
evening at headquarters OF the District OF
Columbia militia, in the Ames building.
141O G street The court decided to open
the sessions to the public and will sit each
evening from s O'Clock until II O'Clock I'M
til the trial is concluded. As is well known,
the trial is the outgrowth of the failure of
Capt. Chisholm to attend an ordered assem-
bly, Of the guard.
Considerable time was devoted last even
ing to the organization of the court and to
the consideration of preliminaries 1t was
announced that Major James E. Bell had
been relieved as member of the court and
that Major F. L. Averfil had been appoint
In the family, Capt. E. c. Edwards Was ex-
cused as member of the court.
Only three witnesses were examined last
evening, their testimony for the most part
BENG in relation to routine matters. The
direct issue was not touched upon. The de-
tense submitted a number of pleas. They
were that the allegations of specification l.
charge l. do not constitute offense
against the law, or breach of military
discipline; that the allegations of specifica-
ton =, charge 1, do not constitute an of
tense against the law or a breach of mill
tary discipline: that charge !. although
ported by sufficient or legal specifications:
that the language in specification 1, charge
l.. orders were not only sent from two
Official sources. but do not aIlege an Of
Tense either by themselves or read in con-
junction with the balance Of the specifica-
ton, and is surplusage.
Pleas Overruled.
The court everruled the pleas, and Capt
Chisholm was then arraigned. His state
ment was Not guilty as to any part of
this specification, which charges a crime
over which this court has Jurisdiction, and
reserve my right to except to any of the
charges contained in these specifications
The first witness was Lieut.. Col. James
M. Love, jr.. adjutant general Of the Dis
trict militia. He identified certain paper
as one on which Capt Chisholm had ap-
pended Endorsements that figure in the
case He described the method used in
sending ont general orders. and said that
his clerks had been instructed to send Capt
ChiSholm copy of the order for the as
sembly of the 21st of last December. The
witness did not see the order mailed.
Col. Henry May commanding the 1st
Regiment. identified the Endorsements on
the communication. and explained that they
constituted the basis for the charges he
preferred against Capt Chisholm by dfrec-
ton OF militia headquarters.
Mai. Joseph w. Anderson, commanding
the ID Battalion, identified certain of the
Endorsements He also said that the even
ing OF the ceremony he met Capt Chisholm.
and asked the latter why he had not at
tended the ceremony in the drill hall Capt
Chisholm replied that he had not received
the order Lieut.. Heron. who was present,
remarked. Captain, 1 mentioned it to you
a short time ago.
Capt William S. Hodges, the Judge advo-
cate, expects to close his case at the ses-
sion this evening. Mr.. John G. Capers
of the Department of Justice and First
Lieut.. F. Carroll Mattingly, signal corps.
District of Columbia National Guard ap-
peared as counsel for the accused officer