The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-03-05
KOEHLER'S COUNSEL
CHARGE CONSPIRACY
opening Plea for Defence in
Court Martial Is Attack
on Accusers.
PROOF OF ALIBI PROMISED
ARMY of Camera Men Will In.
wade Plum Island This
Morning.

yrw LONDON. Conn. March 4.-Coi.
a,nry Kirby. president of the court-mar-
n, that is trying Major Benjamin NJ.
yoehler at Fort Terry. told newspaper
men here to-day that the court will under
"a circumstances admit them nor will any
attenuation be given out by the court.
Major Koehier began mis- defence to-
s,y. He wired his brother. Congressman
xoenier. In Washington, asking II he
,sould personally take the stand. His
BROTHER replied. telling the Major 20 do
Exactly as advised by his counsel Col
Harry j. Hawthorne.
| rnles. witnesses called in rebuttai after
Major Koehler's defence has been heard
i've unexpected testimony 1t is said that
.o..irc charges will not nave been proved
I, ia added that the testimony against
xo.hlcr so far given is not sufficient TO
convict him OF anything more grave than
| ,5nduct unbecoming an officer. The pres
an, outlook Is that. IL convicted. the ex-
smmander OF Fort Terry will be dis
Missed from the army but not imprisoned.
snapshots Permitted.
Col. John d. Barrette. commanding the
fsree forts, has consented with the ac-
auescence OF Col William G. HAN. chief
., stan at Governors Island. to let news
psotographcrs visit Fort Terry hereafter.
| they will be allowed to snap Koehler and
bis aocusers and anything outside the
actual sessions OF the court, except that
no picture may include anything having
70 do with the fortihcations.
II, is an exceptional panorama that the
picture men Will have to choose from. ON
ore side OF the level parade ground that
,,oks south out to sea Is the main street
q For, Terry. ofiicers Row. The hagpole
n front Of one frame house denotes head
quarters OF the fort. The frame house
rext Il is the officers Club. to the closing
0. which was attributed a feud that led
20 the accusation OF the commander.
Down the row is the home of Capt. Philip
" Worcester. Tooth Company Coast Ar
u.lery. one of koehlers principal accusers.
Then comes the house in which koehler
Ives with his sister.
To the LEFT, as the visitor looks over
the plain seward. IL a low. red brick
building housing the gymnasium, school
and the post library. 1t 10 IN the library
LAT the court-martial sits.
The Court on Parade.
Just before o'clock In the morning
eleven Co.onels. nearly all in the gilt and
Garlet OF the coast artillery. emerge from
an empty house Of officers Row. hxed
Up FOR their use. They are the members
o. the court They walk briskly two by
NO. close together, the length of the
row and turn down to the library. Wide
mouthed privates watch them cautiously
from the company quarters which they
pass on the way.
A minute or two later three other
men are seen coming down the row.
The man in the middle In civilians clothes
s Samuel II Hudson of Boston. OF counsel
FOR the accused. The two others are Col.
Hawthorne. counsel. and Major Koehler.
H., l. ah@r
heavily built, with q large nose and
b-on,ed face. HIS head Is cast down ana
he looks like a man under q heavy nerv-
oas strain. He lifts his head only when
one Of the lawyers addresses him. The
three enter the library. the door closes
and tire court-martial IL on.
A. noon there Is a recess and the court
marches out two by two. Major Koehler
and his lawyers follo". Again they run
he gantlet Of the row. Just before
o'clock, and again later in the afternoon
ths procession Is repeated.
Secrecy Defended.
What goes on behind the library doors
becomes known outside within few
hours, no matter how great a semb!ance
o! secrecy may be maintained. A. the
Effort at secrecy 10 entirely the courts
Own decision It's president. Col. Kirby.
Tas asked to-day at the noon recess II It
would not be better to open the trial and
tvoid longer the pretence Of hiding what
goes on. He was evidently indignant. as
he answered
The interests Of Justice. Of the SER
VICE, Of our country and OF the accused de-
mand that the court be closed. No In
formation will be given out. ! don't be-
leve the citizens of the United States
van. matters put before them that are not
u the interest Of morality"
request to verify the names OF wit
nesses already printed was made. Col.
KIRBY referred to Capt James J. Mayes.
Judge advocate and prosecutor. who stood
BY Capt. Mayes declined TO review the
names. Major koehler and his lawyers
refused to meet the newspaper men.
The morning IN the trial room was de-
voted 10 the opening plea Of the defence
ar Hudson and Col. Hawthorne told the
court mat they expect to show con-
fpiracy against Koehler by certain other
oncers at Fort Terry. Entering gen.
sral denial OF all the allegations of I'm
morality, they said that In many OF the
instances specified they would be able to
prove an abb for their client. They an.
nounced that they would put on the stand
Witnesses to his good character. This
WI enable the prosecution to attack the
Character Of these witnesses In rebuttal.
Character Witness Called.
The afternoon session was only an hour
snd twenty minutes long because the only
'tntss Major Koehle- mad ready on hi
ehalf was jor Andrew Moses. Texan
sAo classmate at West Point. He testi'
ned that he had known Major Koehler fol
'Wehty years as 4 man OF good charac'
~ and thai he was duinfounded wher
,n stephen C. Mllls. Inspector-Genera
ron Governors Island. came to him a.
tor' Wright on December and said
ua' he was present to investigate grave
,harges against Major Koehler. made
rihcipally by Capt. Worcester and Lieut.
austin O. Fr!ck OF the Tooth Company
For, Terry
witnesses for the prosecution not ye
.sled are Sergt. Edison KirkUan o.
ue Eighty eighth Company. Fort Terry
,.ho viii tell Of an encounter In Majo
noehl'Ts office. and Private Fairey o.
we 0uartermaster's department at For
,yary' Lieut., Thomas o. Humphreys o
.ort Monroe, whose prior testimon!
ssainst Koehler was said to be verI
tam g!ng base bean IN lied In rebuttal.