New-York tribune., 1903-11-22
RULES IN WOODS FAVOR.
FIGHT MAY GO TO SEN1IE.
Committee Rejects Hearsay EU'-
dence as to Gifts from Gamblers.


on Military Affairs to-day continued its inves-
tigation of the charges made against General
Leonard Wood
Major Rathbone. who fled many Of the
charges was the first witness. He was asked If
he had given out statements concerning the COM
mittee's inquiry. and admitted that he had done
So He was requested in the future to consider
whatever took place inside the committee room
as executive, and agreed not to make public any
of the subsequent proceedings. The committee
decided that ali extraneous and irrelevant evil
dence should be excluded. Hearsay testimony,
even if supported by documents known to be on
file at the War Department. were included in
the matter ruled out. as was that of the wit
nesses who told of the general impressions re-
lating to the acceptance of gifts from the Jai
Alai Company by General and Mrs Wood Much
of the evidence offered by Ernest Lee Conant OF
the Havana office Of a New-York law firm, was
ruled out. The methods of procedure are those
Of court OF justice, with the members of the
committee acting as a court and jury.
'If General Leonard Wood were trial for
his life he would not receive instructions from
the court more favorable than the rulings which
have been made by the Senate Military Com
mittee in the conduct the present investiga-
tion," said a member Of the committee tonight,
when asked concerning the methods used In
dealing with the various witnesses examined.
1t is believed that this evidence will go before
the Senate in executive session, and in the
event of decision by the committee favorable
10 General Wood. the fight will be transferred
to the floor of the Senate In fact, notice of
this has been given to member Of the COM
mittee by one of the Senators who Joined in
the protest against General Woods conhrra-
tion to be a brigadier general.
ALLEGED GIFTS FROM GAMBLERS
The entire afternoon was occupied by the COM
mittee in examining Mr.. Conant. In connection
with the alleged acceptance Of presents from the
Jai Alai by General and Mrs. Wood. Mr.. Conant
told Of a telegram which was sent from Ha-
vana to New-York while the granting Of con-
cession to the establishment was pending The
story of the telegram was told to Mr.. Conant by
c. Lawton ChiIds, a shareholder in the Jai AIai.
He said that Pedro Calbis. secretary Of the
tabIishnent went to New-York to purchase a
silver dinner set for General Wood and while
there was ordered not TO make the investment
until notice Of the granting OF the concession
Nras printed in THE Official Gazette" at Havana
The concession was granted a telegram was
sent 10 GaIbis. and according to Mr.. Conant.
the purchase made at cost of $500 After
considerable discussion the committee ruled this
testimony out of order Galbis is dead, but it is
said that the telegram can be produced and
will be offered to the Senate.
Herbert ]. Browne, newspaper man. who was
in Cuba during the American occupation, was
called witness. Mr.. Browne told the COM
mittee that he had obtained the afidavits made
by shareholders Of the Jai Alai company. which
had been filed by Major Rathbone. In these
affdavits the shareholders declared that their
stock had been assessed for the purpose of pay
ing for presents which were given by the
gambling establishment to General and Mrs.
hers Of he O1T1itf
interest in these charges. and questioned the
witness concerning the afidavits.
Mr. Browne was also questioned in regard to
the charge that General Wood knew the char
acter Of the Jai Alai when he argued in favor
of granting a concession to it. When Mr..
Browne referred to this charge ne was asked
by Senator Cockrell TO substantiate his asseT-
ton. He directed attention to Official pub1ica-
tons in Havana newspapers, showing the nature
of the Jai Alai establishment. These statements
included copy of the companys bylaws, and
Mr.. Browne declared that these had been sup
PRESSED by General Wood in his statement to the
War Department concerning the establishment
The ground gone over by Mr.. Browne was COW
cred in the general statement Of charges filed
with the committee by Major Rathbone. 1t is
expected that Mr.. Browne will be called again
After Mr.. Browne left the committee room
Major Rathbone resumed his statement begun
yesterday. He was examined closely in regard
to his charges that General Wood used coercion
and undue influence with the courts in getting
instructions which were unfavorable to Rath-
bone on his trial in connection with the postal
fraud cases.
ROOT CoNIDIENDS WOOD.
Secretary Root, in response to a request
from the Military Affairs Committee. has sent
a report on the military record of General
Wood 1t is strong commendation Of that Of
fcer. The Secretary reviews his career point
ing out that he was first a line officer and
then became a surgeon When a surgeon
he asked. and obtained. command of troops
in the Geronimo campaign, and Mr.. Root ap-
pends letters Of commendation by General Miles
and General Lawton. He also points out Gen
eral Woods services in the Spanish war. and
calls attention to the fact that he has been five
times named a general ofhceT-twice 4
brigadier general of volunteers. major
general of volunteers, once as hrigadier general
IN the regular army and again as major general
in the regular army. Secretary Root makes
reference OF reply to the charges against Cen
eral Wood as Military Governor of Cuba.
member of the committee said to-day that
he believed nearly month will be consumed in
the inquiry into the charges against General
Wood Fully ten days will be needed to go
through the evidence to be given by Major
Rathbone and It has been said that half that
time at least, will be needed TO hear the testi-
mony to be given by Major Runcie, who will
arrive in Washington from Havana On Tuesday.
In the three hearings given to Major Rathbone
the committee has reached Cnly the first Specid-
cation of his charges.
A request has been made that the committee
subpoena a number OF army officers who served
IN Cuba with General Wood, but thus far no ac-
ton has been taken.