Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-09
WyNNE COURTMART|AL
Conclusion of Trial at Brook
Ign Today. ~
FEATURE OF TESTIMONY
Statement From the Accused Read to
.,, Board.
CHARGES PREJUDICE TO BRYAN
All the Particulars Of Case Covered
in Detail-No Intention of
Disobeying Orders.
FEATURE OF TESTIMONY
Statement From the Accused Read t
CHARGES PREJUDICE TO BRYAN
snecinl nisnstch IN The star.

Special Dispatch To The Star.
NEW YORK. June 9.-The court-martial
trial of Capt. Wynne OF the United States
Marine Corps. who is charged with insub-
ordination in not obeying orders, came to
an end today. The decision of the board
will not be made public until 1t has been
submitted. through Admiral Evans of the
North Atlantic fleet. to President Roosevelt.
The feature of today's testimony was the
written statement of Capt. Wynne, which
was read to the court-martal board by the
accused captains counsel. In 1t Capt.
Wynne accused Lieut., Com. Bryan, his SUI
perior officer. who brought the charges
against him. of prejudice. In his statement,
which covered over six typewriter pages,
Capt. Wynne went into all the particulars
In the case. including a record of his
achievements since he entered the navy.
He said that in China during the Boxer
campaign In 1860, just after the battle of
Yang Using, he suffered from sunstroke and
heat prostration, which affected him OFF and
on ever since.
Referring to the offense of May 81, when
be did not answer call to quarters. he re-
cited the fact that he had received orders
to attend a court-martial on board the In
diana and that he was in the act of shaw
ing. and was partially undressed at the time
he got the order to appear on deck
II told the messenger said the captain
IN his statement, ito report that / was not
dressed and that / would he unable to re-
port my guard to quarters in time, as L
had to attend the court martial. honestly
believed that was doing right. These mes
sages were not sent with any intention of
refusing to obey.
Il was unaware that Capt Comfy was
ashore and that Lieut.. Commander Bryan
was the commanding officer. No message
was sent 10 me regarding Capt. Comly's alb
sence.
Did Not Refuse to Obey Orders.
81 respectfully call the attention of the
court to the testimony OF Lieut.. Newton
that did not refuse to obey any order de-
Nvered by him and that l became very
angry and indignant by reason of the fact
that he delivered a message to me that he.
had orders from Mr. Bryan to take two
enlisted men of my guard and drag me on
the quarterback. i will state that l be-
came so enraged and Infatuated at the in
dignity to which l was about to be sub
1ected. and to which l was indeed sub
jeoted that 1 lost my head and self-con-
troll Ia great measure, but / am neverthe-
less certain that l never sent any disre-
spectful message to Mr. Bryan, and any,
thing might have said was not intended
to reach his ears.
Capt Comfy stated to me that If Mr.
Bryan would withdraw his report he would
not take official action in the matter or
words to that effect. Mr.. Bryan, however,
gized orally to both Capt. Comfy and Mr.
Bryan. and again to Mr.. Bryan in writing
] respectfully invite the courts attention
to the fact that / believe that Lieutenant
Commander Bryan was, and Is. prejudiced
against me, and. in fact, information has
reached me that leads me to believe that
Mr.. Bryan was prepared to report me on
any occasion that might in the slightest
degree commit myself"
What Infatuated Him.
be dragged, tended to infuriate me more
than ever. Under the intense irritability of
my temperament. due TO the causes sworn
TO by Surgeon Decker. 1 respectfully sub
NIT that my Judgment became warped and
I can be justly chargd with little more
than an error in Judgment rather than a
deliberate decision to willfully refuse to
obey the lawful orders OF my superiors.
In conclusion. l respectfully invite the
courts attention to the fact that / have
never been court-martialed before and also
10 my good record In the field under fire.
respectfully submit that the evidence pro-
duced warrants my acquittal. / especially
call your attention to the testimony of
Surgeon Decker, wherein he states that
punishment awarded would. in his opinion
result in the punishment of an innocent
man and one who was conscious OF doing
no wrong"
After reading the statement the accused
captains counsel summed up. and was fol-
lowed by Judge Advocate Pressey.
Judge Advocate Pressey thought that as
no evidence of the DEFENDANTS heroic deeds
was before the court It should not be con-
sidered. and he moved that the entire mat
ter be disregarded.
The Judge Advocates Position
THE accused man disregarded orders at
his peril; he took his chances and lost" said
Lieut.. Pressey. There was no emergency
that would Justify him In being absent from
duty. The accused did not want to go to
quarters that morning. and that is the
cause OF the whole trouble. He was asked
eourteously TO go three times. and he
showed no irrltabllty then. Why should
he afterward? Insanity to be a defense
must be absolute. Mere irritabiity or lack
OF self-contrOl is no excuse. There Is no
testimony to show that the accused is in
sane / consequently believe that he should
be punished. The common sense view is
that the accused did not want to obey the
order OF his superior.
IF there was any bad feeling between
Lieut.. Commander Bryan and the accused
Il was not shown IN the commanders ami
mostly To the defendant, but rather the re-
verse. ] regret that an officer of the record
or the accused so far forgot hims self that
he must be subjected to this unpleasant
ordeal. l beieye that the offense ne COM
United Is such to demonstrate the unfit
ness OF the accused for service in the navy,
and / ask the court to find him guilty and
to recommend his discharge"
Capt. Mclean OF the board then an
nounced an adjournment until Monday
morning when the members will again
meet and arrive at a decision. No mater
what the verdict VIII be- il will not be made
public at this time. but will be submitted
20 Admiral Evans. In the meantime Cant
Wynne remains under arrest and suspen-
sion from duty. His lawyer, Mr. Theali left
Tor washington today and will not return.