The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-30
It IS UNDER SEAL
The Military Court of In
quiry at Durham.
Two Sessions Were Held Behind Clos
ed Doors Yesterday, When the
Court Adjourned Until
Wednesday.
Especial to News and Observer

Durham, N. c., Aug. 23.-The mill
itary court of inquiry. held for the
purpose of inesti-ating and fixing re-
sponsibiiity in the accident that caused
the deaths of Privates George II.
Johnson and j. Bun Warren, and
wounding of Sergeant S. f. Gates anC
Corporal Will McDade, convened this
morning. Two sessions were held to-
day and when the court adjourned thu
afternoon it was until Wednesday,
morning This was done in order &c
allow time in which to have witnesses
summoned and get here.
Col. John G. Niche is presiding ofil-
GER of the court and the other tW~
members are Major A. e. Lloyd anC.
Lieutenant Jones Fuller, all OF Dur
ham. Capt. w. M. Fallon, also OF
this city, is court recorder. In organ
izing the court this morning BaXteN
Boone, stenographer. and Buglef
Wade r. Brown orderly, were sworn.
The investigation is being held be-
hind closed doors and no one is al
lowed with the exception of the mem
bers and officers of the court and the
witness being examined. the findings
of the court will not be made public
here but will be forwarded to Adju-
tant General 3. S. Royster. Until
made public by him the findings of the
court or on whom the responsibility
for the two deaths VIII be placed VIII
not be made known.
The Morning Session.
The meetings of the court are being
held in the assembly hall of the city
armory. The members were on hand
promptly at 10 o'clock. After short
discussion in when the proceedings
i;
was formerly organized and the doors
closed, with the orderly on duty out
side.
The first witness called was Capt.
f. r. White, captain OF Company A,
Third Regiment, of which the dead and
wounded men were members. His eX-
animation lasted for sometime. He
vas questioned regarding the accident,
the orders issued etc, but the nature
oe the examination beyond this could
not be learned.
The next witness called was Lieuten-
ant William Ramsey. second in COM
n1and of the company and who was in
actual command at the time of the
fatal accident. His examination was
along the same lines as that of Cap
tain White.
Conductor G.. T.. Davis. of Moreheai
City. who was in charge of the train
wounded, was the third and last wit
ness examined at the morning session.
Ills examination lasted for about
three-ouarters of an hour. At this
point in the inquiry the court took
recess until $3.50 O'Clock this after
noon.
Afternoon Session.
The first witness examined at the
afternoon session was Engineer N. II.
Russell of New Bern. Following this
Corporal Will McDade, one of the men
injured, was called before the court
and testified Probably others We're
examined before adjournment but
their names could not be learned.
Several applied for admission at the
hearing but all were refused, news
paper men, lawyers and others. Among
those who wanted to be present at the
hearing were superintendent l.. 5. Dill.
of New Bern. and Attorney w. G. Num-
roe, of Goldsboro both of the Atlantic
and North Carolina Railroad; Judge
r. w Winston, of the legal firm OF
Winston e. Bryant. who represents a
client who is to bring suit for dam
ages later on, and probably others. If
addition to the superintendent, attor~
new engineer and conductor of the a.
& N. c. r. r. it is learned that negro
train hand and probably other em-
ployes of the road are here and vii!
be called as witnesses.
In order to allow time in Whlcn 10
get additional witnesses ana because
Col. J. c. Niche. president of tho
court. cannot be in the city tomorrow
adjournment was taken until day af-
ter tomorrow morning at 10 o'clock.
1t is learned that the relatives of
Private Warren who was killed, will
bring suit for damages in a short
while. No court record has been made
as yet, but this is learned from re-
liable source. 1t is said that other
suits may also be brought in short
while. After the calling of this court
of inquiry the attorneys in these cases
are waiting TO ascertain TIE findings
and upon whom the court fixes re-
sponsibility.