The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1906-12-21

Wood. after the trial began, got an order
from Washington that the court should
contain thirteen officers, and Gen. Wood
steamed from Manila to Zamboanga on
the coast guard cutter Mindanao, TAX
ing MS wife and a party eff friends with
him, in order that he might appear as a
witness in the case. The distance is 500
miles, making the whole journey 1.6o9
miles. With Gen Wood also were several
officers who were 10 sit on the court.
Counsel for Koehler succeeded in getting
decisions keeping Capt. 4. F. McGlaeh-
lin, who had been witness against the
accused in the former trial from acting
as assistant to the judge advocate. The
defense also succeeded In having Col.
Joseph W Duncan, of the Sixth Infantry,
who had been a witness in the first trial,
and Lieut. Col Arthur Williams. Of the
Fifteenth Infantry, who had been mem
Der OF the previous court, withdrawn from
the court
The court as finally constituted con-
sisted Of nine members, Brig. Gen. Win
field s. Edgerly, Col Alfred c. Markley,
Twelfth Infantry; Col. Walter S. Scott
Fifteenth Infantry: Lieut. Col. Richard
H Wilson, Sixteenth Infantry; Maj.
James B. lGoe. Nineteenth Infantry; Maj
James Lockett. Fourth Cavalry; MAJ
Omar Bundy, Sixth Infantry; Mai An
drew S. Rowan Fifteenth Infantry; MAJ.
George w Van Dausen. Artillery Corps.
The counsel for the defense was Capt
Flynn. Of the Eighth Cavalry. and WI
liam Tutherly. Capt F. +. Buchan, act
ing judge advocate. was prosecutor.
witness and Prosecutor.
In the contention over the order from
Washington that the court should con
sist Of thirteen officers. the defense de-
clared thar Gen Wood was not only a
witness but prosecutor in the case. To
require a full court, it was urged, gave
him all the advantage in securing con
viction. The court adjourned for several
days in order to get word from Washing
ton as 70 this point When Gen Wood
arrived, the point was made that the let
ter sent by Capt. Koehler to Washington
was not admissible Mr. Tutherly con-
tended that the revised statutes expressly
prohibited the introduction Of such evil
dence in any Federal court. and empha-
sized the right OF any citizen Of the
United States 10 appeal to higher author
ity for the revision OF an unjust sentence
He asked # KOehler was 10 be second
tine put in jeopardy for presuming TO ex-
ercise that right Capt. Buchan argued
that d court-martial was not Federal
court. and declared that the Constitution
Of the United States under certain conol-
tons does not apply to army officers
The court overruled the defense and adj
mitted the letter. There was also adj
mitted a letter which was sent by ID. r
Anthony a hrother-in-law Of Capt Koch
Ter TO President Roosevelt demanding for
Keher a square deal" and denOunCtng
the hIgh-handed conduct Of Wood. This
letter. il is supposed. the President sent
back through military channels to Wood
who hurled il into the case to crush
Koehler once for all for daring to pass
him with an appeal.
Gen. Woods Testimony.
Gen. Wood in this testimony said that
Mai Hugh Scott was his chief Of stan
in Cuba from 1900 10 1903. and accom-
panied him to the Philippines. He said
he had made an arrangement with the
civil authorities for a system Of civil gov
eminent in Mindanao and procured the
appointment Of Scott as governor Of the
province. and had kept him IN the posi-
ton after his regiment returned 10 the
States.
Gen. Wood admitted he recommended
Mai Scott six times for appointment C
bTigadier general within the last fouI
years. He also admitted that he had re-
pe1tedIy spoken 10 President Roosevelt
urging the making Of Maj. Scott briga-
der general He said he concurred Will
Col. Duncan's commendation Of the SPLEEN
did service and gallantry Of Capt Koch
Ter in the fight at Mount DaJO-
IA fT.ar IN frrr
said in his testimony: I suggested and
wrote the appeal from the decision OF
the court at the request Of Capt Koch
Ter. and AFTER 1 had carefully invesi-
gated all the papers in the case with
Capt Koehler's consent. and before ! hac
filed the letter Of appeal. / showed II q
Col. Varnum and later TO Capt. Rivers
Capt. Brown said he considered Gen
Woods action IN the first court-martia
unfair and unjust
Col. Varnum testified that he cOnsid-
cred the language used by Capt kOehlel
i'm his letter Of appeal as respectful, anc
also that the officers participating In the
previous court 90 considered IL
4 letter was presented from MAJ. Gen
Jesse ". Lee, tending to contradict Tho
statement Of Gen. Wood that he was not
interested IN Mai Scott or prejudiccJ
I a T..
pressed deep admiration for Capt. Koch
/ Ter
/ Cant. KoehIer reviewed the manner o,
| the first trial and told why he appealed
TO the War Department, and said he as
s,,n,ed the entire responsibility for thu
/ language used in the appeal The argu
mants of Koehler's lawyers were bitterly
! critical OF Gen. Wood, whom they &C
/ cused Of tyranny, prejudice, malice, anC
/ favoritism.
/ The President yesterday received a visi
/ from ID. r. Anthony. jr., brother-in-lav
of Can't. Koehler. Senator Long accom-
panied Mr. Anthony. He told the Pres
/ ident he did not regard his letter as il
/ any sense a private one, and that he be
I Heved it should have been admitted q
/ evidence
After his interview with the Presiden
| Mr. Anthony said he had explained I'll
attitude of his paper. the Leavenwortl
Times. and the nature of his letter writ
| ten about the case to the President. MI
/ Anthony said he had taken the stan
that his brother-in-law did not have quit
a square deal at the court-martial, an
/ he had insisted that somewhere in tn
case Koehler should be given opportUnit
to present all the facts in mis- behalf.
Plea for square Deal.
Mr. Anthony said regarding his lette
| that it was a plea for such a square deal
He said in the letter he had made refer
ence to the fact that he was a Republi
can and that his paper had Away
strongly supported the President in hi
1 governmental policy Mr.. Anthony sal
that when the letter was presented a
! evidence there was a discussion over II
and objection was made to its admission
TO the record. because, 1t was claimed b
counsel. that it was OF a political nature
Mr. Anthony does not know certainl
uhethar The letter was accented or MOI