The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-03
MILITARY OFFICER is
UNSCATHED IN HIS TRIAL
Charges Against Capt. Harry NJ.
Franklin Not Yet Sustained
by Lieutenant.
TENDERS COMPANY FUND
President of Court-Martial Refuses
Money Until the Case Is More
Firmly Established.

After an afternoon devoted to parties and
thrusts OF opposing counsel. the court
martial to hear charges preferred against
Capt. III. NJ. Franklin. of this city. adj
journed last night 10 meet again this morn
ing at the Statehouse. Captain Franklin,
about three weeks ago. was charged by
Second Lieut. George Denny. of his COM
pany. II. of the Second Infantry. with
charges embodying four violations Of as
many articles of war.
1t was charged by Lieutenant Denny that
Captain Franklin did on or about the
18th day of December. 1908, receive moneys
from the adjutant general Of the State of
Indiana, to-wit: about the sum of $40. to be
paid to the officers and men of his COM
pany for services, did, on or about the 14th
day OF December. 1903 deposit the same in
his name, as captain. in the American Ma
tional Bank, and did thereafter withdraw
a large part thereof for his own use and
benefit, tO-wit., for house rent, coal bills,
physicians bills. druggists bills, and for
other purposes unknown"
Upon the introduction of evidence, and as
TO what constituted evidence, Judge AdvO-
cate A. u. Schanz, of Attica, and Lieut..
Guy A. Boyle held arguments all morning
and the greater part of the afternoon. The
examination of Lieutenant Denny and Maj.
II. T. Condo, commandment of the second
battalion, continued until adjournment at
o'clock
Questioning of the witnesses covered
much more ground than that covered in
the charges and the testimony of Lieuten-
ant Denny, under examination, was
not regarded strengthening his case by
many members of the court-martial
lie was questioned as TO his knowledge
or mercantile business. He replied that
he had had experience In such business;
that he had dealt in sporting goods and
golf supplies for a club OF which ne was
a member. Later he admitted that his
limited.
Major Condo, in his testimony, stated that
this was the first trouble that had ever oc-
CURED I'm his battalion and that he re-
garded Captain Franklin as an officer of
great ability.
Question of the guilt of Captain Frank
lin hinges upon his violation of the rules
of the articles of war When. near the
close of the session. the president of the
court-martial ordered all books and rec
ords regarding the finances of Company II
to be produced in court, transcripts were
given him, and Captain Franklin, at the
climax of hot discussion among counsel.
walked before the chairman, Colonel Fee,
drew large roll of bills from his pocket,
and rendered IL TO him.
He refused to accept the money, pending
admission of the evidence asked.
During the cross-examinatiOn of Lieu
tenant Denny. counsel for Captain Frank
lin brought out the fact that Leutenants
Denny and Smith. of Company II. had dis
agreed with Captain Franklin over admin
istration of the company's affairs and that
over this point the officers held inimical
positions.
He made an effort to show that this
ennfty prompted the charges against Cap
tain Franklin. The courtroom in the Agri-
cultural room was almost filled with local
guardsmen, who took great interest in the
proceedings.
Following are the members of the court
martial: Lieut. Col. James F. Fee, First
Infantry, Greencastle, who presided; Major
t. ]. LOuden, First Infantry, Bloomington;
Major n. J. Coleman. First Infantry. New
Albany; Major j. II. Tarlton, Second In
fantry, Franklin; Major Thomas B. Coul-
ter. First Infantry. Vincennes: Major
James H. Harrison. Third Infantry, Column
bla City; Major Frank r. Stevenson. Ar
tinery Battalion. Rockville; Capt. Julius
+. Blum. First Infantry, Evansville; Capt.
e. +. Branch. First Infantry, Martins
vile; Capt. Edward Bierhaus, jr., First
Infantry. Vincennes; Capt. E L. Middle
ton, Second Infantry. Franklin; Capt.
William o. Jericho. Second Infantry. Win
chester, and Capt. Fred L. Dennis, Third
Infantry, South Bend. Capt. Charles j.
Garrard, of Company a, Second Infantry
acted as marshal