New-York tribune., 1907-03-19
wendell NOT AT COURT.
NO PLEA IS ENTERED.
Officer l1bsent from Military Trial
on AdUice of Counsel.

Acting on the advice OF counsel, Captain Louis
Wendell OF the list Battery did not appear last
night before the court martial appointed by Gov
ernor Hughes in the lst Battery Armory, IN west
66th street Colonel Alexander s. Bacon, his MILL
fary counsel announced his decision not 70 appear
because many of the charges in the military speci-
ncatons are the same as 81 the criminal indictment
found by the grand jury. No plea was made oy
Captain Wendels counsel.
All the witnesses were present. together with
Lieutenant Louis Wendell. jr.. the son Of the cap
tain. Among the spectators was Adjutant General
Nelson Henry IN civilian clothes. After the men,
bers Of the court sworn, in answer TO the
question whether Captain Wendell was present or
represented Colonel Bacon arose and said:
Il beg the privilege OF making special appear
for Captain Wendell He does not appear per-
sonally before this commission. He presents his
regrets apologies and esteem. l am his military
counsel, but Abraham Levy IS his criminal counsel.
and Il is by Mr. Levys direction that Captain
Wendell does not appear here. because Of the fact
that many OF the charges in the military specihca-
lions are present in the criminal Indictment II is
by the positive direction OF Mr.. Levy, therefore.
that he does appear.
Captain Wendell presents his apologies and
esteem this court. For twenty-five years he has
been in the National Guard. As a captain he has
been his command grow from nothing 70 be the
possessors of this magnificent armory. He has
made many friends No one regrets more than he
that circumstances seem 10 sever him in his old
age from his many friendships"
There was dispute between Judge Advocate
Baboock and Colonel Bacon over whether the non
appearance Of Captain Wendell was a confession
OF guilt. but Major Lydecker finally decided that
the court at liberty TO proceed ruling that the
charges neither dea:ed admitted by the
non-appearance.
Major Lydecker asked Il there was any plea %
The charges. any objection the jurisdiction OF
the court or a plea for abatement OF the charges.
30 reply was made by Colonel Bacon, and the
court went into executive session
Lydecker, Of the 7th Regiment New York. presi-
dent OF the court; Major Charles l. De Bevoise, Of
Squadron c, Brooklyn: Major J. COokinham, Jr..
1st Regiment, Utica; Major John y. Carlisle. lst
sSfh Separate Company. osWego. ard Major Louis
l. Babcock. judge advocate of the Fourth Bridage.
After fifteen minutes conference. Major Ley
decker announced that proofs Of the charges
against Captain Wendell would be taken The Wit
nesses, who have previously told their stories OF
their relations with Captain Wendell. We're then
examined by Judge Advocate Hancock, the eK-
animation lasting until after II o'clock The testi-
mony brought out was much the same as has
previously been made public. with one important
This exception was furnished by S. B. Schuler.
private Of the battery. who made bills for
horse feed purporting TO have been supplied al the
RTmory. He declared that such horse feed
ever used there. and that the bills, far they
nad anything 20 90 with feed. We're blinds Bur
he declared that the money used for legiti-
mate expenses Of the battery and that the deoep-
ton was done TO get money for the battery which
could not have been obtained If request had been
made for an appropriation for the specific purposes
bills had been in use since 1886 Schuler said and
he had always kept 10 IL, by order OF Captain
Wendell.
Edward II. Martini former assistant engineer OF
the armory, said he gave Captain Wendell 1856 out
OF ms salary William D. Fuchs. former janitor.
said he had to give Wendell $les4 in The several
former engineer, declared he paid Wendell $500 for
his Cob.
me other witnesses VINO told of Captain Wen
oels deals IN horses and horse feed that paid
Tor by the State Treasurer. though they did not
exist were First Sergeant John q. Jansen; George
Aasohke. former commissary sergeant: Second
Lieutenant Edwin y. HscoX and Second Lieuten-
ant Harry A. Nicol
Colonel Bacon Wendels counsel. left the armory
when the executive conference was held and did
not return. there 10 represent the
accused captain. After the testimony closed. the
court held another executive session. Major Ley
decker said that the would formulate
recommendations on the testimony. and forward
them 10 Governor Hughes, who will make them
public with his decision thereon. in Albany.