Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-03
NAVAL COURT MEETS
Begins Trial Today Of Assist
ant Surgeon Spear.
SESSION AT NAVY YARD
Defendant Accused Of Forgery and
Other 0ffenses.
OPENING BY JUDGE ADVOCATE
Makes Explanation Of What Prose
cution Proposes to Prove-Pay-
master Heap a Witness.
OPENING BY JUDGE ADVOCATE

Confined in a prison ship dee luxe-the
President yacht MayflOwer : charged
| with having sacrificed that most price
less asset of an army or naval officer
his honor-A ssistant Surgeon David A
Spaar. C.S.N. was placed on trial today
at the Washington navy yard before q
court martial composed Of brother OFF,
GERS in the naval service.
The charges against the young officer
were read to him soon after the assem-
bling Of the court, as follows:
First-Forging signatures upon checks
for the purpose of obtaining the payment
of claim against the United States.
mountaineering TO person in the
civil service for payment claim against
he United States. knowing said claim,
10 be raudulent
Third-Theft. In violation Of clause l OF
article = of the naval code
Fourth-Scandalous conduct. tending to
the destruction of good morals.
In his opening remarks to the court the
Judge advocate, Lieut. j. 4. Rossel1
, United States Marine Corps. stated that
the prosecution proposes to prove that
there has been fraud practiced in connec.
ton with the checks, and that 1t was per.
petrated by Assistant Surgeon Spear
that Spear was in his right mind and sane
at the time of the commission of the
fraud. and that there was no excuse. ex.
cepl IL he the TOO frequent ana Tree use
of intoXica ting liquors by the defendant
Naval Paymaster Heap. who Is sta
toned at the Washington navy yard was
the first witness. He testified to the is.
suance of the checks to Surgeon F. j
Grow and Assistant Surgeons Alderman
and Stibbens. the Endorsements on which
are alleged to have been forged.
Chief Wilkie Star Witness.
Paymaster Heap said the checks had
been issued in the regular way. On or
about March IL. last. it was charged that
some person signed and counterfei;ed a
pay check for Sl24 drawn upon the Treas
ilrer of the United States Ivy witness in
favor of Surg. Grow. the signatures of
Surg Grow and Assistant Surg. &. q.
Alderman were forged and the check
made payable to bearer Similarly 1t Is
charged. the signature OF Assistant Surg.
Alderman was forged for xti.i :T. and thai
Of Assistant Surg. Stibbens for $1H23.
Ptymaster.s Clerk Wright testified to
having drawn up the checks and mailed
them To the officers named He further
testified that the Endorsements on the
checks We're not in the handwriting of the
officers to whom the checks We're issued
He said after some explanation that he
had come to the conclusion the handwrit-
ing of the Endorsements was that Of the
accused. Assistant Surgeon Spear.
Chief Wilkie Of the tnitedsStates secre'
service proved the star witness Tor the
government He said that soon after
complaint concerning the check transac'
ton reached his office he summoned AS
sistant Surgeon Spear. and that ofhceI
practically admitted that he was guilty o!
the offense charged. Chief Wilkie. testi-
flying as "A handwriting expert said ne
was morally certain the endorsements
were in the handwriting of Spear.
Personnel of Court.
Delay was caused by the inability of
the stenographer to read his notes clearly
to the witnesses. the law requiring that
he evidence shall be read to those giving
t. and after hearing the testimony of the
three witnesses recess was taken at l 40
O'Clock this afternoon.
The court is composed of the following
officers: Capt w. j. Barnette, Lieut.. Col
h. X russell Pay Inspector r. II. Dick
son. Commander Benjamin c.. Bryan
Surgeon n. r. Percy. Lieut.. Commando,
c. w. DYSON Lieut.. q. "A. Burrage. Sur
geon T.. F. Pleadwell. Past Assistant Sur
,e.n a. L. tray>on. FIRST Lieut.. j. =.
Rossell, judge advocate.