The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-06-07
WINES JUDGMENT IMPAIRED
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Csp' wynua that NJ msss . sr~erh ~ the
cuuf' IN whieh he sWid that No dusy wssn't
~ ~ IN lNnocent man Ne asked ,seWe IN
Which ~ think oVef me matter and The tfiai
vent over until mofnina M tns''"T shs,
the verdict N the couFt. fNaftlait u prohahls
,hat Cart Wynn vii 10 ordsfed hefSss
an examining hoard W. the Rrisadief. Osns
efaI commanding tho NaFins Cofps and
possibly resirrd
u vas Surgeon N q nsrher ~ me Ala
hama. The ship On which Capt Wynne 10
stationed. who aaVe thia testimony He
had been called by tho defencs n testify
that In March last when the Alabama waa
In Cuban waters Capt Wynns had com-
planned 10 him ~ having . recurrence ~
suns,soke AZ Guantanamo. he eaid that
tho captain complained tina, the nolaep ~
the ship irritatad him after this, hue he told
Surgeon Decker that he did not want 20 he
retired.
This was all the testimony that the de-
fencs brought out from Surgeon Decker.
II was when Lieut. Pressy, the Judge advo-
cate. took the witness In hand that the
testimony was brought out which gave
such q new turn to the trial and which may
result In Capt. wynne's retirement, when
asked by Lieut. Pressy II he, as an expert,
considered Capt. wynne irresponsible at
times. and to what degree. Surgeon Decker
thought for a long time and then said. very
slowly:
dition Ia such hat after being irritated to
any considerable extent his judgment 10
not good, and that he Is correspondinsly
irresponsible under such conditions
Isn't that true OF any human being''
he was asked.
Il don't think Il Ia true Of any healthy
man. replied the witness.
d. you believe that even very grave
irritation would 30 impair the Judgment
OF the accused that he would be blind to
the fact that as a military officer he should
obey the orders of a SUPERIOR"
1t was apparent that this question re-
ferred to the incident last Thursday, when
Capt. Wynne did not appear at assembly,
and refused to go on deck when summoned
by an officer and two marines, who said
they had orders to drag him there. Sur
geon Decker took another long think over
this, and finally answered Il do" to the ques-
ton, while the officers composing the court
martial looked surprised.
Capt. Wynne's face flushed. but, beside
a visible twitching Of his fingers and biting
Of his lip, he seemed to be in a normal on
dition
Answering still another question, Surgeon
Decker said that the condition Of the cap
tain resultant from the sunstroke was such
as would at times remov his sense OF
obligation to obey ORDERS
Lieut.. Pressy asked the witness then
II the accused officer was so lacking in his
appreciation of this obligation on May 81,
the day the captain refused to come on
deck, that, in his opinion, he was untitled
for the service.
ttot bo Woo ODiiS WIG ~
ness, after thinking again a long time.
ITO what degree was the accused in.
sensible to military obligations2"
"He was sufficiently insensible to them,
in my opinion, as to warrant his being re-
tired"
IF the accused was ordered to report to
a superior and did not do 80 would he fail
to realize that he had offended?' asked
the judge advocate, who was trying lard
to get at Capt. Wynne's mental condition.
"He might, but in his judgment he would
think he was doing right was the answer
OF the medical witness. He went on to say
that this state Of i~nsensibility to the obliga-
ton to obey orders was present at all times
in the capital n as a result Of the sunstroke.
Surgeon Decker said that it was for a board
OF officers to determine whether he should
be retired.
"Do you think that there is real danger
here OF Furnishing an innocent man II the ao-
cused is punished for disobeying orders1'
asked Lieut.. Pressy finally.
Surgeon Decker answered Il do" and
then Lieut.. Pressy jumped to his feet and
addressing the court, said:
"The examination of this officer places
things in such a new light that although
it is my duty to present evidence for the
prosecution, / don't consider it my duty
- " '-NNfN So wa AhDNSN luI III
The trial has reached such a stage that
need time to think this matter over"
Courts adjourned" said Capt. Mclean
Of the Pennsylvania, before another word
could be said. Later Lieut.. Pressy asked
that the afternoon session be given up
and the court reassemble this morning
at 10 o'clock when he would have arrived
at a decision whether OF not to go on and
seek to refute the testimony OF Surgeon
Decker. When Capt. Wynne left the Penn
sylvania's cabin, where the court-martial
is being held, he refused to ak about the
evidence concerning his mental state. He
referred the reporters to his counsel, Mr..
Theall.
please don't get It into your heads that
Capt. Wynne is insane" said the lawyer.
HE Is not as bad as that. but he has suf-
fered from this sunstroke, and service in
the tropics is very bad for him. II he TIA va
in the service he would have to do duty
again in the tropics, and rather than run
that risk l think his parents and he himself
would prefer retirement. I do not know
whether he will ask for an examination
himself, but l suppose that a board will
be appointed to pass on him after this"
The sunstroke which had caused all
the trouble was received, according to
Mr.. Tehall, as a result Of a very hazardous
bit OF duty performed by young Wynne.