The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1903-01-07

MANILA, Jan. 6.-When the trial by
cOurt-martial of Maj. Edwin T. Glenn,
of the Fifth infantry, on the formal
charge of unlawfully and willfully kill
ing seven prisoners of war, to the
prejudice of good order and military
discipline and in violation of the sixty
second article of war, was resumed
here today, the defense renewed its re-
quest that Gems. Chaffee and Smith
and other witnesses be summoned from
the United States. The court refused
this request for the present.
The argument today developed SEM
satiOnal features. In opening, the de-
Tense announced that it had declined to
submit the interrogatories for deposit
tons ordered by Secretary of War Root
on the ground that the question of
Summoning witnesses rested with the
court, and submitted a written argu-
ment urging the right and justice of
having witnesses. 1t was charged by
the defense that the records of the
Sixth brigade, commanded by Gen.
Smith, had been tempered with and
that important documents had been
distracted. The defense wished to ex-
anime Gen. Smith as to these docu-
ments and certain written and verbal
character of the campaign Gen. Smith
desired to have waged.
Order of Gen. Chaffee.
Gen. Chaffee was wanted as a wit
ness to obtain certain orders and doc
uments which were not recorded at di-
vision headquarters. 1t was also de-
clared that Gen. Chaffee had sent a
telegram to the department of South
ern Luzon, where Caballes force was
operating clad in American uniforms.
The text of this telegram is given as
follows:
The division commander directs
that no matter what measures be
adopted, information as to the where
abOuts of this force must be obtained"
The defense argued that this order
was authorization for the application
of the water cure, and said that officers
in the field so interpreted it. If this
Interpretation was proper, the defense
said, Gen. Chaffee was entitled to the
opportunity tC show why he had failed
to interfere to prevent the court-mar-
tialing of officers for executing the Or
der.
The defense produced a copy of a tel
egTam sent by Secretary Root to Gen.
Chaffee when the former thought that
Maj. Glenn's trial for applying the wa
ter cure would take place in San Fran
cisco and in which Gen. Chaffee was
directed to send to San Francisco any
witnesses Maj. Glenn desired.
A Constitutional Right
The defense pointed out that when
this message was sent war existed, but
now peace prevails, and asked why this
policy had been changed; why it was
incompatible with the public interest
to send Gen. Smith, now retired, and
Mr.. COnklin, a civilian, to Manila. If
witnesses were denied, the defense ask
ed to have the documents enumerated
in the witness subpOenas. It claimed
1t could not properly defend Maj. Glenn
without witnesses and raised the ques-
ton of the constitutional right to have
them.
Maj. Lewis z. Goodier, for the pros
ecuion, held the decision given by Sec
rotary Rood in the matter of witnesses
to be final and charged the defense
with seeking to force the court to go
on record as disappearing Secretary
Roots decision. Maj. GoOdier said the
documents sought could be attached to
the dispositions and that the present
was not proper time to raise a con-
Stituuonal question. The testimony of
the first witnesses will be heard to-
morrow.