The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1905-10-27
BENNINGTON
SENSATION
An Exciting incident
in Lucien Young
Case.

tlOndl incident In the cOurt-nartldI OF
Commander Lucien Young occurred
Just before adjournment yesterday aft
ernoon, when Judge George D. Gear
counsel for the accused officer, accused
| Lieutenant Commander F. W. Bart
lett, then on the witness stand, of be
ing as much to blame for the explo-
sion aboard the Bennington on July
q last as any one. Instantly the court
was in an uproar. Members who had
appeared bored for days past, and
mony had proceeded, had on more than
| one occasion YEARLY taken refuge be-
| hind the folds of a newspaper, were
suddenly reused to life. AT once a half
dozen of them were on their feet, while
others vehemently struck the long ta-
BILE and cries of objections rang out
from all sides. Rear Admiral Henry
Glass, presiding officer, raped for or
der, and Immediately reprimanded
Judge Gear for his remarks, which
were characterized as improper.
1t was evident that the senior coun-
sci for the accused had gone too far
in his zest for the cause of his client
and, although he hesitated when in
structed by the court to withdraw his
remarks, the Junior counsel, Naval
Constructor Holden a. Evans, in a
whisper clearly audible a dozen feet
away, urged him to do so. The uni
versal objection of the members of
the court, however-the first SEN
sational occurrence of the kind in the
fifteen days of the proceedings-sho
ed that it was necessary for him to
retreat from the stand he had taken,
and after moments hesitation he an
nounced that he would withdraw that
portion of his remarks which applied
TO the witness.
Hardly had Judge Gear spoken the
words when Judge Advocate West was
on his feet, his face flushed, his eyes
blazing, his whole aspect showing that
for the first time during the trial he
had lost control of his temper. In a
voice which rang clear and distinct
through the long room he exclaimed,
L ask that they stay on the record.
L thought Mr.. Bartlett was on trial.
Now 1 know who is on trial since he
has been a Witness
The words spoken with much heat,
followed closely on the sensational
charge of Judge Gear, and again the
court characterized the remarks as i'm
proper and issued reprimand, in
structing Captain West to withdraw
the statement. The Judge Advocate
of the court appeared to cool down as
quick as he had become excited, and
in a voice of studious calmness replied,
IF L have said anything Objectionable
I ask that it be withdrawn
The incident was the outgrowth of
questions asked the witness by Judge
Gear regarding any inspections Bartlett
had made of the Bennington as prOvid
ed for in the regulations, in his capac
ity as fleet engineer. Bartlett replied
that he had made no inspection of the
gunboat, as he had received no order
to do SO from the commander of the
Pacific squadron. The line of questions
was objected to by the prosecution, and
counsel for the defense asked that he
might explain to the court what he
expected to prove by asking them, and
requested that the witness withdraw
while such explanation was being made.
The court decreed that Bartlett should
remain and it was then that Gear, in
scoring the witness for not making said
inspections, made his startling charge.
The afternoon as a whole was one of
the most exciting sessions of the trial.
Lieutenant-COmman Bartlett, after
answering over $50 previous questions
&c ~,
further cross-eXamination by Naval
Constructor Evans, and showed the
same adroitness in hedging the ques
tions that he had done from the first.
More than once the court instructed
him to answer explicitly and exactly,
and at length informed him that the
court would not permit him to disre-
gard the questions. and if he persisted
in so doing it would be necsary to take
action against him for contempt of
court.
The reprimand was calculated to set
tie the matter once and for all. Not
so, however. Hardly had it been re-
ceived when the defense presented TO
the witness some specimens for exam
5nation. Without glance at the ar
ticies Bartlett replied: 4 decline to
look at the specimens If allowed by the
defense should make me examine speci-
mems when I am here for the prosecu-
ton. I have been on the stand long
time. l have looked at many things
presented to me by the defense willing
~. I see no reason why I should be
forced to examine most of them
After long elaboration behind closed
doors a decision was reached and Rear
Admiral Glass announced that the
court had decided that no further ex-
pert testimony should be taken from
Commander Bartlett. as. in
view of the statement made by the wit
ness the court was convinced that
further testimony from the witness in
mis- capacity as an expert was unneces-
sary, Any further questions must be
confined TO matters Of fact and not to
those of witness opinion.
It is learned that while the prosecu-
ton has put on only one expert wit
ness. the defense viii subpoena five or
seven for the Same r,IrT-rosa Com