New-York tribune., 1903-01-07
TRIAL OF MAJOR GLENN.
Opening Speeches Of Defence and
Prosecution at Manila.

Manila, Jan. 6-When the trial of Major Ed
win F. Glenn. Of the 5th Infantry, who is to be
tried by court-martial the formal charge Of
unlawfully and wilfully killing seven prisoners
Of war, TO the prejudice of good order and mill
tary discipline and in violation of the Sixty
second Article of War, was resumed here to-day.
the defence renewed its request that Generals
Chafee and Smith and other witnesses be
moned from the United States The court re-
fused this request for the present.
The argument to-day developed certain sensa-
tional features. In opening the defence
nouneed that it had declined to submit the in
terrogatories for depositions ordered by the Sec
retary Of War, Mr.. Root, on the ground that the
question of summoninc- witnesses rested with
the court, and submitted written argument
urging the right and justice OF having witnesses
This argument charged that the records Of the
Sixth Brigade. commanded by General Smith.
had been tampered with and that important
documents had been removed. It said that the
defence desired to examine General Smith with
regard TO these documents, as we'll as concern
ing certain written and verbal orders for the
purpose Of showing the character Of the cam
paign he desired TO have waged. and that Cen
eral Chafee was wanted for the purpose of
obtaining certain orders and documents which
were not recorded at division headquarters. II
was also declared in the argument that General
of Southern Luzon when Caballes's force
operating clad in American uniforms. The text
of this telegram is given as follows
The division commander directs that no mat
ter what measures be adopted, information as
to the whereabouts Of this force must be OBJ
tanned
The defence argued that this order was au-
thorzation for the application of the water
cure, and said that officers in the field in
terpreted it If this Interpretation proper,
the defence said, General Chaffee was entitled to
the opportunity to show why he had failed to
interfere to prevent the court nartialing Of
officers for executing the order
The defence produced g. copy of a telegram
sent by Secretary Root to General Chafee
when the former thought that Major Glenn's
trial for applying the water cure would take
place in San Francisco, and in which General
| Chaffee was directed to send to San Francisco
| any witnesses Major Glenn desired. The de-
| fence said when this message was sent war
| existed but that now peace prevailed and it
| asked why this policy had been changed, why
| it was incompatible with the public interest TO
send General Smith, who has retired, and Mr..
| Conklin, a civilian, to Manila If witnesses
| were denied. the defence asked to have the
| documents enumerated in the witnesses sub
| poenas. 1t alleged that 1t could not properly
| defend Major Glenn without witnesses, and
raised the question of the constitutional right to
| have them
Major Lewis E. Coodier, for the prosecution,
| held the decision given by Secretary Root IN
| the defence with seeking to force the court 10
| go record as disapproving secretary .s Root : :
decision Major Goodier said the documents
| sought could be attached to the depostlons'
| and that the present was not a proper time 10
| raise a constitutional question. The tesumohy
| of witnesses will be heard tomorrow