The Indianapolis journal., 1904-03-04
.ACCUSER MAKES OVERTURES
TO CAPT. H. NJ. FRANKLIN
Breach Will Be Healed, Through
Action of Lieut.. Denny, Stung
by Testimony.
TO BE FRIENDS AGAIN
Evidence Is Completed at Court
Martial, and Decision Will
Be Reached To-Day.


Whether Capt. Harry NJ. Franklin
will be judged guilty or not guilty to-day,
the court-martial proceedings against him
will have purged his company from dis
agreeable feature, and insured him the
friendship of Second Lieut.. George l..
Denny. the captains accuser-
The attitude of the two men, it has been
brought out by the court-martial. was in
imical on questions affecting their COM
pany, and the feeling of both at times bit
ter.
Captain Franklin while holding himself
at all times ready for conferences with his
subordinates, had not been on terms of
more than lesser friendship with Lieutenant
Denny, ard their mutual duties were always
marked with more than soldierlike formal
ity.
AFFECTED BY TESTIMONY.
During the testimony of a physician at
the court-martial yesterday, when the devo-
ton of the accused officer to his sick wife
alluded to. and intense feeling pervaded
the court-martial. Lieutenant Denny was
visibly affected.
Later. during recess in the proceed
ings, he met Captain Franklin in the State
house corridors and said:
Whichever way this comes out, Franklin,
/ want to have talk with your over the
matter"
You know 1 have always been ready to
confer with you, George" was the ac-
cused mans reply to his accuser, "and
while I've held that you were not right in
some of our relations, i have always been
ready to talk IL over with you. certainly
will be glad TO talk this over with you.''
When the fact of this conversation was
InQr NOD Iexy otrru 81
which is differed by the two men. surprise
was succeeded by pleasure.
LIEUTENANT DENNY PRAISED.
The citizen-soIdiers, who have known
that the strained feeling between the two
men would sooner or later lead to an open
rupture, have learned with pleasure that
the estranged officers will effect a reconcil-
iation. Special praise was given Lieutenant
Denny for his apologize stand
Regarded by many of the company men,
bers as the aggressor in the alleged per-
sonal differences with his captain, they
say that the reconciliation will be doubly
significant.
When ii shall have been effected probably
to-day, the social question in State guard
affairs will be ended, say the soldiers, and
Lieutenant Denny, reported active in
propagating the reported sentiment. will
be found a heartier ally of his captain in
the companys welfare.
II Captain Franklin is convicted he
will take his punishment with the probable
commiseration OF his accuSer, and II he is
freed. the men will continue administering
the affairs of Company II with the feel
ings of mutual regard.
DECISION COMES SOON
In the presence of Governor Durbin and
other prominent members of the Indiana
National Guard, the court-martal of Capt
Franklin for alleged malappropriation of
money placed in his hands for a pay roll
reached its final stage last night
By noon to-day a decision will be rem
dered which will be fraught with the great
est significance to guardsmen of Indiana
Under charges No. and of the complaint
against capt. Franklin, term of inn
prisonment is prescribed as punishment
but opinion among those who have heard
the proceedings is that he will be exon
Grated Beyond possible reprimand, 1t
was said last night that no penalty would
be given, and that he would be restored
to his rank in the State Guard.
ACCUSED OFFICER ON STAND.
Character witnesses were introduced by
counsel for the accused last night. Quarter
master General Perry, Major Harold Me-
grew, commander-in-chief of the Spanish
War Veterans, and Capt Carroll B. Carr
testified to their high regard of Captain
Franklin s ability and integrity.
Captain Franklin himself then went on
the stand. He accepted the cross-question-
ing of the judge advocate, and surprised
members of the court by his testimony.
His answers TO questions put the charges
in a different light from the previous ale
cations. He maintained that the money
on deposit In the American National Bank
company funds were in his possession, in
a safe at his fathers residence.
81 knew 1 was responsible on my bond
to the State" he declared, "and when
appointed man as treasurer who did not
furnish bond satisfactory to me, / held the
money pending adjustment of dispute
regarding his surety. This went up the
channel
The bondsman of the quartermaster SER
geant was Lieutenant Albert Smith of Com
pany III, and over the surety question has
grown the contention between the two Of
ficers, il is said.
MAKES MOTION TO DISMISS
During the days session yesterday. the
states evidence was all introduced and the
defense was ready to open with witnesses.
Lieutenant Boyle, at the conclusion of the
states evidence, sprung surprise when
he rose and made a motion to dismiss the
proceedings for lack of evidence. Discus
sion among the members of the court fol-
lowed as to the legality of such a motion
before a military body. After a few min
utes consideration, the motion was over
ruled and the testimony resumed.
Lieutenant Albert =. Smith, commanding
officer of Franklin's company until the ad-
judicatfon of the changes, was on the
stand all morning. The judge advocate.
Major Schanz, attempted to show through
his testimony that Captain Franklin per-
formed the duties of treasurer in violation
Of the bylaws governing the conduct of
military bodies.
Chief interest in the morning centered
around the cross-examination of Lieuten-
ant Smith. who admitted that the social
standing Of Captain Franklin had been a
matter OF discussion among his inferior
commissioned officers.
Testimony OF bank officers concluded the
case of the state. Cashier II. a. Schlotz-
hauer. President John Perrin and Brent G.
Downey, a teller at the bank, were eX-
amined by Judge Advocate Schanz relative
to the account In which the funds of Com
pany III were kept.
CHECKS ARE INTRODUCED.
Exhibits of checks drawn by Captain
Franklin in his personal capacity, upon
which the bank had paid without comment
were introduced by the defense in cross
examination.
After their examination William O.
Wood. Sergeant Biglove and Charles L.
Berry. all members of Franklins company
took the stand for the state Quartermas-
ter General Oran c. Perry was called tc
produce and identify stubs of checks gfvsr
Captain Franklin for payment of the com
pany rolls.
Statements OF previous witnesses. guards
men of Company II. that dissatisfaction
| in payment OF their allowances, were denied
| by Sergeants e. A. Colder. West and era
/ bill, and Privates Shelton and Smith ot
| Captain Franklin'S company. They de.