New-York tribune., 1906-06-08
TRIAL OF CAPT. WINNE.
Not Responsible Hhen Irltated,
Says Nary Surgeon.

inreres, IN the trial by general court martial OF
cspsain Robert F. Wynne. OF the United States
Marine Corps increases as the proceedings progress
especially those who have relatives ana
friends IN the service. Yesterdays session was
the third since the court martial was convened on
toerd the United States cruiser Pennsylvania by
order OF Rear Admiral Evans
According 10 Lieutenant Elisha Thean. United
States Marine Corps ,retired). who is the counsel
~ the case for Captain ynne. the defence relied
upon by the latter is that of intense aggravation
brought about by the manner in which he received
the orders 10 appear on deck The uncontro-
vertihle testimony so Ear. he says tends 10 show
thst the average officer would have been greatly
aggravated humilisted and irritated over the idea
~ junior % his command. accompanied by two
enlisted mon Of his own command, appearing at the
door Of his stateroom with orders 10 drag him on
deck.
The use OF the word drag" Lieutenant Theall
saws IS denied by the officer sending the message
but Captain wynne's subordinate officer. Leuten-
ant Newton. who received fl. states positlNeN
that ne used tnat word in delivering the message 10
CAPTAIN Nynne. and ne states further that the
word drag was used by the officer giving him
the message. Captain Wynne was justified in be-
lie,ing that Admiral E1ans's order was para
mount 10 that Of the executive officer. by reason
Of the Navy Regulations, Article ISIS. which pro-
nides that an officer detailed for court martial duty
Is excused from other duty. Captain Nynne know
ing this felt indignant the idea Of being dragged
on deck
TNeall said II was easy 10 Aii'icA'Al'lN
,ou- aggravated the average officer would be under
.,cb circumstances but in Captain Wynnes case
rbs medical records show that he was oNerlaken
nv severe sunstrOke Immediately atter patte
during the Boxer campaign in 1890. the effects or
which have been lasting. and the subsequent ser
vice in hot climates has greatly aggravated MS
-nsls6v and has produced such mental disturb
sroe ss 10 warp his judgment in the matter OF the
rroper performance Of his duties. and because OF
tbe fsct that service conditions require frequent
duty in the tropics. the surgeon is of the opinion
maj CAPTAIN Tynne should be retired for disability
in The line Of duty.
such being Captain Wyune's mental condition
uhen he received the message, he became so irri-
tsred that the effects Of the sunstroke did cause
Dir, n make a grave error IN Judgment in refusing
- oba,, tbe order believing ali the time that he
Vas perfectlv right in his contention that he was
excused from complying with IT because OF the
order from his commander in chief. Rear AoHllrAIf
Evans
Since Captain Wynne entered the service el-ht
wears ago" said Lieutenant Thesll he has never
reen granted any extended leave 10 recover entire
~ and even while suffering IN the held IN the
rrorics he pleaded with the medical onoers u
keep him on the sick list. fearing that such entres
on the medical record wou-d bring about his retire
ulent"
The examination of Surgeon Decker. al the Ala
hama was continued al yesterdays session Of the
court martial Asked If he believed that proneness
TO ttahty on the part OF The accused sh0giq 4 eS X
1Irre6 In mitication Surgeon Decker replied thai
he believed Captain Nynne proneness 10 fascion-
~ Is disease and should. IN his case. excuse him
entirely He said the accused was not entlrely re
sponsible when he rrltated, ana that ms was
Que 10 temperament That ~ not normal A.,
cate the witness said that there IS constant danger
~ doing the accused injustice by holding him ac-
.s0rnfs Sc for breaches OF military discipline. .
T,r Francis NJ Furiong Of The Bureau or Medl-
cine and Surgery Of the navy. vas me next witness
1Ie stated that he attended captain NNnne on
hoard the United states steamship Prairie on cuba
iu ll03 and that the headache from which captain
r--Frn ur1e EfIff U
administer A quarter oi grain ot morphla- lie
sais thar in his opinion, Captain Wynue was sane
and with the exception OF being irritable his men
fa condition was normal. The witness said he had
served insane asylum. ana that ne
thought he was competent 10 Judge Of mental con-
ditions
40 vas asked II he believed. with DR. Osler that
al after-effect Of heat prostratlon is frequently
mental dfrs UErnent.
.'If Dr Osler says so. 7 believe II" he replied.
one ~ The board wanted know II sunstroke
always caused mental alteration.
Nor always" replied DR.. Eurlong who was then
excused. The trial will ne continued to-day