New-York tribune., 1902-10-02
SMITHS CHARGES HEARD
TWO WITNESSES on ARMORY INSTR
ANCE ACCUSATIONS TESTIFY RI
FORE BOARD OF INQUIRY.

The court Of inquiry convened by order Of
Governor Odell 10 investigate the charges made
by Major Clinton H. Smith. Of the 1lst Regi-
ment. q. \. Y. against colonel William
C. Bates and Surgeon T. r Marsh. ri the same
orgsniza tion. met last nieht IN the 18TH Regi-
nnent Arnory ColuWbus-aNe. and sixty second
81 The charges grew ont Of the ire which in
February last destroyed the 1lsi Regiment Ar
mory. a. Park-avc and Thirty -fourth-st. The
state made an appropriation n S2ouoo 90 reim-
hurse members Of ihe regiment for personal
property lost there. The law under which the
appropriation was granted provided thar no
claim for property covered hy insurance should
be- paid from the state moneys. Each member
Of the regiment putting in 4 claim was supposed
10 certify thaf he had received no insurance
The board 81 inquiry consists Of Colonel
George r. Dyer l2th Regiment president
Colonel Alfred q. Barnes. I'D Regiment. ana
Colonel Adolph O.. Kline IAN Regiment "ith
Major willard a. Fisk an Regiment. as judge
advocate An were present last night hut
Colonel Kline Colonel Bates was represented
hv William q. Slayton. George Gordon Ratue
appeared for Surgeon Marsh
The charges alleged that the accused officers
made false certificates i'm submitting fraudulent
schedules for expenses incurred m replacing
uniform equipments not covered by insurance
conduct unbecoming an officer and an attempt 10
commit larceny. Letters from them declare that
they had insured their effects in different COM
panies. and that there had been no attempt no
conceal that fact.
General O n Smith vas the first witness
All other witnesses were excluded from the
room. He declared that on August " Colonel
Bates told him that his effects had been insured.
but that the amount received did not cover The
loss II you cannot allow my claim" the witt
ness declared Colonel Bates said. YOU cannot
allow Surgeon Marsh's, for his claim Is the same
As mine"
Colonel Bates had put in a claim of S21l p Tor
losses and received S2Je Surgeon Marsh
claimed S25S 20 and received S244.
The witness said ne told Colonel Bates that
In his opinion the claim would not b. allowed
and that Colonel Bates declared ho wished 10
withdraw. The papers were sought but could
not be found. Major Smith had Withdrawn
them on an official order he had returned one
copy. but kept the duplicate.
The next day you got letter from Major
Smith telling YOU Of this outside insurance. did
you not?" asked Major Fisk.
You knew from Major smiths letter that
the matter was sufficiently serious on which 10
prefer chares, did YOU note'
why did you send TO Major smith Cor both
copies of Colonel Bates's claim? Was il not be
cause Colonel Bates and Major Marsh wished 10
withdraw their claims?"
No. II WAS not
Were there NOT only two present az that
meeting. with Colonel Wells absent, and did not
you and Major Smith deadlock
General Smith admitted that They did
Lieutenant Colonel j. II. Wells, Of the list
Regiment. member Of the Board OF Audit. de-
clared that the schedules made by Major Smith
as secretary OF the board were formal means
for reoonsideTiug claims,
Did you not know the day after the fre from
Colonel Bates's own statement that he was
partly Insured inquired Major Fisk.
Witness admitted that h. did
Did you not know from his subsequent state
ment m this room that ne Was insured
This admitted.
"Why did you not make some effort 10 find
out what property of his was insured
Il depended on his own statements
Colonel Wells declared that Colonel Bates
nrst brought up the statement OF his insurance,
and that Major Smith did not
The court decided adjournment until
to-day.
General Smith. after retiring from the hearing
room, met Major Smith outside, and a COnver-
sation ensued In regard 10 the meeting OF Au-
gust >. and the subsequent one. DO YOU not
recall" asked the major that I teleph0ned 70
you the afternoon Of The dav on which the
meeting subsequent "a thar ~ August = was
To he held. and asked YOU 4 superior 0fiCer
uf the board 20 postpone tho meeting my
wife lay al the point ~ death and that YOU
replied anCrily that you could noto"
Il don't recall IT, said the general
Don't YOU recall that when ] exuIsined
the circumstances ~ The meeting that night
Colonel Bates said he would have been glad 20
have had tho meeting postponed"
y do NOT recall it
7 am nor saving these things on what
think. hut ~ what am absolutely sure Of.
said Major smith. and that ended the sonver-
sation.