Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1917-12-22


though subjected to the whitening
cross examination OF Major Grier /,
counsel for the defense, he steadfast-
ly stood by his statements and refused
to be shaken. Private Peacock contin
ued his testimony yesterday, after
which the prosecution rested its case. !
During his examination 1t developed
that he was the man who broke the
rifle over the, head Of Policeman J
Richardson on the night of the riot.
This point was brought out In Richard
sons testimony,
DEFENDANTS MAY TAKE
STAND IN OWN DEFENSE.
Major Grier, counsel for the de-
Tense. has requested supoenas for
number or witnesses for his side both
from Houston, and from Columbus,
New Mexico, where other members OF
the Twenty-fourth infantry are sta
toned. He stated that he would most
likely put some OF the defendants OH
the stand to make statements. In a
court-martial, the rule regarding
statement from a defendant differs
materially from the rule IN civil pro
ceeding. In civil trial II defend
ant elects to be heard he must testify
under oath and thereby be subject to
cross examination. He may also take
that course IN n court martial, but In
addition he Is privileged to make
statement not under oath and not SUP
ject to cross discrimination. His fall
ure to do either may not be comment
cd upon by counsel In their arguments
t,I 81 N,,Sl1 hn 0ffproO
a number Of the mon.
VERDICTS LIKELY TO BE
SUBMITTED TO PRESIDENT
Not like an action In q civil court
!. there can be no long drawn out Sc
RES Of appeals from the decision here.
The findings Of the court will be sub
mitted to the Department Comman-
der and must receive approval before
the judgement 10 carried out Ordinar-
lily the death penalty could not be
carried out without the matter be
submitted also to the President for ap
prevail, but in the time OF war this
is not required. The Department
Commander will almost certainly sub
NIT the verdict to President Wilson.
The defense by Major Grier Will
indeed, prove interesting, inasmuch
as he will be required to know just
what has been testified against each
one Of tho siXtythree individual de-
PENDANTS.
From the evidence submitted so
far 1t seems clear that the continued
and veXing treatment accorded the
men on leave by the Houston Police
their dsrespect for the uniform worn
H. InI
boating and drough treatment by
these same police Officers preyed up
on the minds Of the men Of the Tween
ty-fourth until their only redress
seemed to be to take the law into
their own hands for which some will
have To answer with their lives.
The statement Of Private Peacock
follows:
When court convened this morn
ing Colonel John A. Hull, j. "A, an
nounced to court that the promises
. Of immunity to which the witnesses
had testified were all made by au-
thority Of the department comman-
der and that he desired to have that
made a matter of record, as he did
not wish it understood he had taken
any steps Of his own accord along
that line.
He also stated that immunity was
given with the full knowledge and
approval and consent of the author
tiles Of the State of Texas.
Private Henry II. Peacock who
noncEuded this DIRECT examination
when adjournment was taken yester
day afternoon, was taken under cross
examination by Major Grier. He ties
titled that no charges had been pre-
ferred against him for his connec-
ton with the matter and that he had
been offered immunity by Colonel
Hull since coming to Fort Sam Hous
ton from Fort Bliss last Sunday.
Grier-When you heard the first
report about Corporal Baltimore did
you think he had been killed?
Peacock-Yes, sir.
Grier--Was that the general i'm
preston around I company
Peacock-Yes, sir.
Grier-It was after this report that
the men started gathering In groups?
Peacock-Yes, sir.
Grier--When you heard the cry
"here comes the mob" what did you
think
Peacock thought mob was com
ing to shoot up the camp.
Grier-Did you hear Sergeant Hen
ny order the men to go and get their
canteens?
Peacock-NO, sir.
Grier-Did you hear Sergeant Hen
ry make any threats to kill any man
who fell out Of line?
Peacock-No, sir.
The witness said he did not hear
any commands given and that the
men did not leave the camp In mill
tary formation. He did not know
anything about shooting at the Wink