New-York tribune., 1900-08-02
"LIAR," SAYS MAJOR SMITH
ANGRY WORDS PASS BETWEEN HIM AND
JUDGE CoYNE IN COURT.
COLONEL BACON ATTACKS GOVERNOR
ROOSEVELT AT THE HEARING BEFORE
JUSTICE GIEGERICH.

JUSTICE GIEGERICH.
Justice Giegerich in the Supreme Court yester-
day reserved his decision on the application OF
Judge f. P Coyne. representing the Attorney
General 10 set aside an order made by Justice
MeAdam some weeks ago directing General Peter
C Doyle and the military court OF inquiry ap-
pointed by Governor Roosevelt. which reported that
Major Clinton H. Smith of the list Regiment was
unht TO be an officer Of the National Guard, to show
cause before the Appellate Division .sf the lid
Judicial Department why writ of certiorari should
not issue reviewing the decision OF the military
tribunal AS certain technical objections
raised 10 Justice McAdam's order. Justice Giege-
rich allowed counsel week 10 submit briefs on the
law Of the case.
Colonel Alexander S. Bacon. counsel for Major
Smith. opposed the motion the ground that the
writ OF certorari if granted. would be returnable
in Albany County and that judge in this
county had any jurisdiction to interfere with the
order TO show cause issued by Justice McAdam. He
said that Justice McAdam's order perfectly
correct He had asked Justice McAdam IL he would
make order returnable in another county and
he said he would.
diction in such case. Major Smith was dismissed
by the military tribunal and that ended the matter
Besides. it had been invariably held that the courts
of this State could not interfere with the dis
cretionary power Of the Governor
COLONEL BACON WAVES OBJECTIONS.
Justice Giegerich asked Colonel Bacon If he would
withdraw his preliminary technical objections and
allow the case to be argued on the merits Colonel
Bacon at first declined. and Justice Gieger1ch re-
served his decision. Counsel left court and Colonel
Bacon then agreed TO waive his objections ana
allow the question of Justice McAdam's right to
issue the order TO show why writ of GER
tiorari should not issue to be passed on. Justice
Giegerich assented TO hear the motion.
In his argument in behalf Of Major Smith Colonel
Bacon said that it was not argued that Governor
D. raa1,a n
court of inquiry, and that proper court had the
right TO hear evidence and make finding on it.
But" said Colonel Bacon, eff a court martial
takes Illegal evidence and makes report on it and
the Governor approves the finding Of the court ar
rived that Illegal evidence, then the whole
proceeding is Illegal"
Colonel Bacon then began a bitter attack upon
Governor Roosevelt AS he launched intS It Mr..
COyae made objection TO the Court. Colonel
Bacon then gave a history of the proceedings of
the court martial He said that General Roe had
gone 10 Smith and told him he had better resign.
When Major Smith refused General Roe made
threats to convene bouncing board" The ses-
sons of the Board were secret Had they been
open. said Colonel Bacon. witnesses would not have
dared TO swear TO what they did. The order con-
tended. because of the alleged extraneous matter
contained in II. The order dismissing Major Smith
from service was admittedly founded on docu-
mentary evidence, and not upon oral testimony. He
Smith had demanded that he be allowed to appear
6 me Board ARD 9bd 4 make certain tai stat and
TILT WITH MAJOR SMITH
Il want to say" continued Colonel Bacon that
believe that this is the most cowardy action that
has ever been taken against any In the United
States. There is living who can point his
finger 70 a single charge that has been made
tained in the order. And our great Governor has
approved a finding that he know is Illegal
honorable men Maybe they are but am nai remind nj
ed, too, that Brutus was an honorable YET
Brutus stabbed CiaSar"
&c, Colonel Bacon was about to continue the
interfere before -
When the question of typewriter minutes came
up Mr.. Coyne asked that the Court direct that
copies be e,,, made That's right" said Colonel
Smith TO get all the expense he can, in order that
ne may OBTAIN that which is but just 1t is the
IN answer to Colonel Bacon. Judge Coyne said
he was sorry that Colonel Bacon pretended that he
did not know what the charge against Major Smith
was
at the request of Major Smith. after he had been
g as es2T had O eh ehe % rs % Of his sg
BoaFq % % Of In9uiry gu a in its report found that
at the battle. Of San Juan Hill" declared Judge
Coyne but il found that they were offceEed by
with being coward and inc0mpetent.,
over toward Judge coyne. That is not in the
''Its all there" returned Judge Coyne
3. n oq S are eoc c4%arqy naF ana defy you to fnd
in an undertone TO Judge Coyne.
Justice Giegerich's gavel came down upon the
bench with bang, and Judge Coyne desisted from
aPoiogzed TO the Court for his unti1nely conduct.
Major Smith was not entitled to review Of the
case The only purpose of it said Mr.. Coyne.
men. It is to give Colonel Bacon a chance to utter
ais we slanfeGogs fg and c0waTdy aecusattons ions
Juan Hill has been honored by the people"
stump speeShes said coonel Bacon and e %as
again stopped by Justice Gegerich.