The Birmingham age-herald., 1903-11-22
Head of War Department Calls Attention to Career of
 the Accused
LENIENT INSTRUCTIONS
 DELIVERED BY THE COURT
All Extraneous Evidence Will Be Ex- cl.ded and the Proceedings Will Not Be Made Public--May
 Subpoena Officers.

Washington, November 21.-The senate military committee today continued its inv estigatlon of the charges made against Gen. Lsorard WooG Major Rathbone, who filed many of the charges was the first witness, He was asked if he had sven out statements concerning the com nittee's inquiries, and admitted that he had done so. He was requested in the tu- ture to consider whatever took place in- side the committee rooms to be exeou- tive. and agreed to refrain from making 1uhlic any one of the subsequent proceed ings
 The committee decided that all extran- eous, irrelevant evidence should be ex- cluded Hearsay testimony, even II sup ported by documents known to be on file at the war department, was included in the matter ruled out, as was that or the witnesses who told of the general expressions relating to the acceptancs of gifts from the Jai Alai company by Gen. and Mrs Wood In this connection much of the evidence offered by Ernest Lee Conant, of the Havana office of a New York law firm, was ruled cut.
 The methods of procedure are those of a court of justice, with the members of the committee serving as court and jury.
 Instructions Favorable.
 of Gen. Leo ard Wood were on trial for his life. h. would not receive instruc- lions from tho court more faYorah.e than the sulings which have heen made oy tae senate military committee in the con duct of ta,- present inf estigauon, sdio a member tonight, whi 2 asked concern ing the methods used in deaing With the various witnesses examined.
 Ii Is believed the evidence will be before inc senate in executive session, and in the event of a decision by the committee favorable to General Wood, the fight will he transferred to the floor of the senate.
 In fact. notice of this has been given to A member of the committee by one of the senators who joined in the protest against General Woods confirmation to be q major general. The entire afternoon was occupied by the committee in examin- ing Mr. Conant In convention with the alleged acceptance of presents rom the Jai Alai company by General ana Mrs Wood. MT. Conant told of telegram which was sent from Havana to New York, while the granting of concession 10 the establishment was pending.
 Story of Telegram.
 The story of the telegram was told 10 NJ Conant by G. Lawton Childs. share holder in the Jai Alai. He said that Pedro Galbis, secretary of the establishments went to New York to purchase a silver linner set for General Wood and While there was ordered not to make the in- vestment until notice of the granting or Inc concession was printed III the oiii- at Q
 The concession was granted, telegram was sent and according to MT. Conant the purchase made at cost of Solo. Alter considerable discussion the committee -uled this testimony out of order.
 Galbis is dead, but it is said the tele- gram can be produced and will be offered to the senate
 Reouests has been made that the com mittee subpoena a number Of army OIL ,ers who served in Cuba with Generai Wood, but thus far no action has been taken by the committee in that oifec- ion.
 Root Makes Reply.
 Secretary Root, in response 10 re nuest from the military committee. mas sent a report upon the military record or General Wood It is a strong commenoa- ton of that officer. The secretary re- views his career, pointing out that he was first line officer, and then became A surgeon When a surgeon he asked and obtained command of the troops In the Geronimo campaign, and in this con- nection he received letters of commen- dation by General Miles and the late General Lawton. He also points out Gen eral Woods service during the Spanish war and calls attention to the fact that he has been five times named as gen. eral officer; twice as a brigadier general of volunteers, once as major general of volunteers. once as brigadier general in the regular army, and again as major general in the regular army.
 Secretary Root. in his letter does not make any reference or reply to the charges that have been made against General Wood as military governor of Cuba.