The Birmingham age-herald., 1903-12-04
Says He Had No Underestimate
 ing With General Wood
OESVERNENIE ON THE STAND
Secretary of Finance Under General Brooke's Regime Makes Some Strong :, Allegations Regarding Woods
 Conduct In Cuba.

Washington, December 3.--The senate committee on military affairs today re- sumed it's hearing in connection with charges filed against General Leonard Wood in opposition to his confirmation to be major-general. The first witness was Melville E. Stone, general manager of the Associated Press.
 MT. Stone was questioned concerning the report that General Wood had sought to retain E. c. Bellairs as the representa- tive of the Associated Press at Havana. He submitted a letter written by Major Dunne to Col C. s. Dehl, assistant gen eral manager of the Associated Press which requested in behalf of General Wood the retention of Bellairs, saying it was important to have man repre- senting the Associated Press at Havana who was in the confidence of the mlli- tary governor. MT. Stone said the mat ter was then under charge of Col. Deihl. Bellairs was retaine but his previous record was not known to the officers Of the Associated Press When it became known Bellairs was discharged.
 MT. Stone was also asked as to what Knowledge General Wood had of Bellairs' record, but upon this point he could give the committee little information. It was decided that Colonel Diehl should be sub poenaed.
 Ray Standard Baker the man whom Major Runcie said was at the dinner with General Wood and himself when the proposed magazine article criticising General Brooke was discussed, was the next witness called. MT. Baker confirm ed some portions of the testipaohy of Major Runcie and contradicted or quail Hph hnr aXa rnf Ip hat hn haH H talked with General Wood ~ngarding an article which was subsequently, published over his own signature
 Mir. Baker Replies in Negative.
 When a5Ked whether Mir. Baker had spolei with the President relative to the Wood case, he replied in the negative, aud also practically made the same re- ply to a question as to whether he had conferred with war department officials Concerning the article which was pub llshed over the signature of Major Runcie, MT Baker said that it had been given him by Runcie, but that so far as he knew, General Wood had had no knowl- edge of it previous to its publication. He
 said he had taken dinner with General l Wood and Major Runcie several times
 at Santiago, but that the publication of I an article attacking General Brooke had
 never been the subject of conversation. 1 MT. Baker had an engagement with
 President Roosevelt for luncheon at the White House at 1:30, and on that account asked the members of the committee to hasten the examination as much as possi- ble.
 MT. Baker was questioned closely by Senator Scott of the committee. and by Senators Hanna and Teller, who were present. They quoted Major Runcies letter to Baker suggesting that the time was opportune for the publication of the Runcie article in General Woods inter- est, and asked him if the letter did not show that there had been conferences on the subject, and perfect understand ing. MT. Baker admitted that appear ances would lead to that inference but l insisted that there had not been any un- 1 derstandng.
 Mir. Baker admitted that he, Wood and l Runce had discussed General Brooke s administration of Cuban affairs, but said l that the discussion had been impersonal,
 and that Brooke's name had not been
 mentioned, He also said General Wood
 had introduced him to Runcie when he first went to. Cuba. s.-zt5-
 pr. Desvernenie Called.
 At the afternoon session the only wit
 nesses heard was Dr. Pablo Deseryer-
 nenie, who was secretary of finance un- I der the administration of General Brooke
 as governor general, and later attorney
 for Major Rathbone Dr. Desvernenie's s 1 testimony related entirely to the instruc- | tions given to the court by General Wood. l He charged that General Wood had
 changed the laws of Cuba in order to | admit expert evidence in the postal cases The modification of the principles of Cuban criminal proceedings, which was said to have, been particularly detrimen- tai to the interests of Major Rathbone, Dr. Desvernenie declared, was in an or der issued by General Wood on April 3O 1900 The effect of the order, said the
 witness, was to revert to laws in force
 under the regime of Colonial Spain, thirty | years before.
 | According to the testimony of Dr. Des- l vernenie, the orders made by General
 Wood wer issued to the judge of instruc- tions whom Wood could remove at pleas 1 ure. The witness declared that the order | was in violation of penal statutes and the rights of parties interested in the postal cases. As an illustration of the powers | of General Wood under the military gov | ernment. the witness said that General Wood in one case removed judge of first l instance in one of the high courts, and also three associate judges of one section 1 of the court. As a cause of removal. it | was said the judges had not complied with the law as modified by General 1 Wood.
 Removal Over Protest. | The removal said the witness, was
 made over the protest of the bar associa- l ton, a corporation having specific off l cial powers. The association declared the
 removals unwarranted, and in concilia- | tion or to appease it's anger General | Wood appointed the deposed judges to po- l sitions on the board of trustees of the bar | association.
 | Dr. Desvernenie declared that under 1 the law in force at the time General | Wood became governor general, ex-parte | evidence was not admissible in trials. but
 declared that General Wood had made | the amendment which abrogated statutes | and enacted a new law, and said this
 opened the door to ex-parte evidence. l Another charge made by Dr. Desver- l nene was that some of the judges who 1 tried the postal cases were not named by | General Brooke in the order creating the | courts, but that they owed. their appoint | ments to General Wood: that Rathbone s | counsel never understood that ex-parte
 evidence was to be admitted in the trials; | and that General Woods construction even of his amended law. was in contra yention of existing statutes. The wit ness declared that General Woods or | ders to the judge of first instance had l the effect of controlling judicial powers, and made General Wood the court of last appeal unto himself. The witnesses also asserted that the bond exacted in the | Rathbone case was excessive and unwar- ranted hv law