The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-05


not release him at that late hour, and
told him to report for duty. Atkinson
tailed to report. He gave the accused
good reputation as an officer. AS
soon as the command got back to
Richmond, continued Captain Myers,
he released him of duty, and then pre-
vailed on him to tell why he failed
to report, why he had been absent
without Leave. Atkinson had replied
that II he had reported he would have
lost his job"
Mr.. Warren said" Atkinson told
Captain Myers, that If went to
Gettysburg I would find some one else
In my place" On cross examination,
Captain Myers stated that the letter
said 1t would be inconvenient to let
Atkinson go: that 1t said nothing
about discharging him.
Atkinson Takes stand.
Sergeant Atkinson followed on the
stand. He said that he felt he would
have to stay at his work or be dis
charged. He knew 1t would be incon-
venient for him to leave the Locomo-
tive Works at that time, but he was
under the impression that he would
be discharged, and so told his officers.
He received the letter from Mr.. War
rem at 10:30 A. M. He admitted that
Mr.. Warren had not stated directly
that he would be discharged. The let
ter, as he read it, simply stated that
1T seems necessary to postpone your
| vacation, and hope you Will do So"
Atkinson stated that he didn't know
tnat Tucker had received Through
SO that he could CO. and admitted that
this was the first time he had ever
been refused.
| He was asked If he had made an
earnest effort to acquaint Mr.. War
rem with the facts. and replied in the
affirmative. He further admitted that
Mr.. Warren had not said positively
that he would be discharged, but he
understood that man was to be put
in his place, and he knew that my
work had to go on
Mr.. Warren was called to the stand
Johnson. He explained that some
time before the going to the encamp-
ment. he had made arrangements to
] get q vacation schedule, man being
delegated to see each employe under
/ his charge to see what time he wanted
to take. Atkinson wanted that time
occupied by the Gettysburg encnmp
ment, when also two other men want.
ed to go. He had picked out Harry
Tucker for Atkinson's work, while the
latter was away. but just before the
lencampment was to begin the system
in one of the shops was changed, and
Tucker had to overlook the change,
which left no man to take Atkinson'a
place. 1t was for that reason that he
requested Atkinson to forego the en-.
campment.
Would Encourage Military Duty.
i The witness said that 1t was the
policy of the Locomotive Works 10 en-.
I courage military duty among the
men. and said that Atkinson would
not have lost his position had ne
gone to Gettysburg. He said that the
Locomotive Works had a system of &C,
counting whereby lime lost by men
employed in actual military service
could be placed to a specific account.
j. r. Marshall manager of the Rich.
mond Works, said that he ALWAYS gladly
assented in letting men off for military
duty, as he had been in the uatlitia
himself. and that no man could be dis
charged unless he 20. KID" the dis
charge. If complaint leading to pos
sible discharge of Atkinson hac
been made. he said he would have
made careful Investigation and tina
he would have been loath to take ac
! ton unless something unforeseen hac
happened; that he would have depend
ed very much IN the. manner OF the
man asking for time off for military
| duty.
He said that the company had beer
, put in bad light before the public
although it employs 5000 men, and tina
I 1t placed him in bad light.
Lieutenant Myers was put on tn,
; stand to verify part of Captain Myers
statement. Then the Commonwealth
rested.
( Atkinson Admits misunderstanding.
Sergeant Atkinson, when asked If h,
had anything to say in his defense
said: 1T seems that have thorough!
. misunderstood the position and word
of my employer. but my impression
was that l would be discharged If
went to Gettysburg and that some on
else would have been put in my place
never would have violated any mill
tary rule" He was plainly agitated.
Judge Advocate Johnson said, in ad
dressing the board: There is clea
evidence OF the accused mans guilt
but it also seems to have been tn
, outgroWth of a general misunderstood
Ing. In acquainting Captain Myers o
his proposed position, he testified q
to an Inference and not as to facts. l
was entirely Sergeant Atkinson's faul
That he did not get excused Had h
gone about it with the proper spiri
!. he would have been excused. But Their
! was something wrong with his head o
his spirit.
You must remember that militar,
courts are more stringent than ordi
nary courts, and you may not punisl
! With light hand. Sergeant Atkinson
! excuse Is not admissible, and I trus
e that the court will find the accuse
: guilty and punish him substantjaI1vn
4 The verdict will be forwarded scale,
J. to the Governor through the usua
: military channels
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