The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-29
H.
PROOF IS LACKING
IN LAGUNA 7 RIAL
Verdict Of Not Guilty in Court
Martial Clearly In
dicated.
.----------
MAY REPRlMAND MCDOWELL
--
Belief Is That Sentence Will Be
lay REPRIMAND MCDOWELL
Belief Is That Sentence Will Be
Light--Laguna Case
Soon Ended.

1t was apparent to those who at
tended the trial last night by court
martial of Private T. w. Laguna, OF
Company C, Richmond Light infantry
Blues, that the verdict will be not
guilty. This will be the result of
action taken by Judge Advocate
Charles NJ. Wallace, Jr., similar to a
nolle prosequi entered by prosecute
ing attorney in criminal action.
In the case of Captain Thomas b.
Mcdowell, of Company y, same bat
talon, verdict is expected imposing q
penalty of a reprimand Few, ICED,
expect that the punishment will be
more severe.
Members of courts-martial are swron
not to divulge their findings except to
the proper military officials In the
regular way. AS "a result. the verdicts
in the two cases Just tried will not be
known publicly until they reach the
Acknowledgement. The papers must, of
course, go to the Governor. as the
COMMUNICATIVE chief, for final approval
or disapproval.
Nlny be Two hcquittnls.
However, conclusions may be drawn
probably not in error. Judged In this
light, the verdicts are likely to be as
indicated, although 1t is possible Cap
| tain Mcdowell may escape without any
punishment whatever.
| The hearing in Private Laguna's
| case was short The three members oil
| the court were present with captain
| Wallace representing the Common
| wealth and Lieutenant j. Randolph
! Tucker the accused.
Only two witnesses were called
Their evidence was a repetition o.
that given on the preceding night IL
the trial of Captain Mcdowell. Thu
latter, in response TO a message from
/ DR.. I.aguna to the effect that he woul'
meet him anywhere at any time, re
Piled at the armory at 8 o'clock.
THIS is admitted by all. The captain
and his friends then proceeded to tn
armory, and on the way the office
realized his mistake and changed hi
mind about fighting, he and his com
panions deciding to spend the night a
the armory. A few minutes later ID
LaEuna and his friends came IN. The
were followed almost directly after
wards by the police
The witnesses said that they saw n
: act of offensc on the part of DR.. La
csuna. He came in and went TO hi
company room. NO further altercauo
was had.
Motion to Dismiss.
! AT this point the Commonwealth
rested. Lieutenant Tucker moved I'll
, court to dismiss the case. He shove
! that there had been no evidence cor
: Meeting DR.. Laguna with any effort 1
. making trouble in the armory. n
= client pleaded guilty only TO the cha
lenge and invitation on the street
Captain Wallace, in reply. admitte
. frankly that 1t would be impractics
BILE for him to prove the specification
q against the accused The two wi
nesses called had been in the McDov
d ell party. and, since no hurtful pro-
i. had been adduced from thcm. 1t WI
: reasonable to suppose that the test
d mony of the Laguna party would n
: be adverse This action was tant
d mount to agreement to dismissal.
g The court held a closed sessio
If when a verdict was agreed upon whi'
IS there is little doubt will be acquitt;
The courtmartial was ended.
In the Mcdowell case, the fin
analysts shows but one point-that t
accused officer on the spur of the m
ment of challenge. invited the priva
IT to meet him for a fight at the Blue
Armory. To this Captain McDow
e pleaded guilty, and whatever punis
&c ment is inflicted will be for this a
IN which was designated by his couns
III Colonel George Wayne Anderson,
lie "a military indscretion, but not mi
n tory ofrenSe"