Evening star., 1926-04-09
FACA'S ATTORNEY
ATTACKS WITNESS
Attempts to Discredit Testi-
mony of sergt. Earl Smith
in ourt-MartiaI.

Having Yesterday produced testi.
monT to impeach the integrity OF
Sergt. Earl Smith. star witness for the
prosecution In the trial of Lieut.. vii.
liam II. t'aga before general court.
mortal. Lucien II. Van Doren. chief
defense counsel. sought today further
20 discreet, testimony by Smith
charging the Marine Corps officer
with violating military and civil law.
Sergt. Smith. however. chung per.
sistentlN to his story OF the alleged
breaches and repeated charges prev l.
"usly- made on direct examination
The chief point of the amina ion
today was under the neglect of duty
sbec!lcation which chorGes that Lieut..
tasa made no inventory OF property
under his care While he was quarter.
master o. the Marine post at An.
naDolis. Attempts by Van Doren TO
draw the admission from the witness
that the accused might have made a
brief inventory during Smiths absence
from the post on leave We're unsuc-
cessfui.
Inventory Mean ming Sought.
Whether the lieutenant is found
guilty OF the neglect of duty charge
depends almost entirely on the in
depreciation OF the word inventory" /"
The court injected a quest ion into the
trial today, asking Sergt. Smith to
state If the Marine Corps regulation
regarding an inventory means that
''rot only to take an account OF goods.
but also to make cOmpa rison with
property list"
To this Van D0ren strenuously oh
jected. but was overruled. and the
sergeant replied that ii comparison
was essential
70 expedite the procedure. which
has dragged, the court directed today
that arguments between counsel be
not included in the record. as had been
directed by the judge advocate. Capt.
I. T. Taylor.
over heated objections by prosecu-
tion officials. defense counsel sue
ceeded yesterday in getting into the
record statements designed to show
that one of the star witnesses for the
prosecution bore ma lice toward the
accused and allowed his feelings to
influence his testimony against the
young veteran.
Efforts by the Judge advocate. Capt.
T. 7. Taylor, to prevent the inclusion
of the point in the record were futile,
when the. court. after a prolonged ex.
ecutive session, held that the state
ments could be made.
The unexpected move by the defense
counsel, of which Lucien II. Van
Doren is chief. came on the cross s-ex-
animation OF Earl Smith. quartermas-
ter sergeant, who served under Lieut..
Faga when he was auartermaster at
the Marine Barracks at Annapolis Md.
Claims Facts Sought.
did you visit Lieut.. Faga while he
was in Gust ody at the barracks here,
his arrest in November, and
did he tell you at that time, 'SerKt.
Smith, / want you only to tell the
truth: / have no fear of facts'?--''
Here the prosecution objected. but
was overruled.
Sergt. Smith said he had no recollec-
ton OF such a question.
Did YOU tell Lieut.. Faga at that
time" Attorney Van Doren continued:
: Lieutenant, YOU are on charges. i
have been in the service many years
q nd am near to the retirement age. On
the outcome OF your trial will depend
or not | am brought to court
myself?'''
Sergt. Smith again denied any
of such a statement.
Attorney Van Doren announced to-
day that Lieut.. Faga. when he takes
the stand in his own defense, would
swear that such a conversation took
place between him and Sergt. Smith.
Two points in favor OF the accused
officer were won earlier in the session
,odsy, when Attorney Van Doren drew
from the witness, Sergt. Smith, the
admission that the key to the store
room al the barracks had been carried
by an enlisted ma under the regime
Of the comma ndant who preceded
Maj. Harold F. Wirgman, and that
when Maj. Wirgman assumed com.
Inand he ordered that all existing reg.
ulations at the pos should be con-
tinued In effect unless he specifically
changed them. Lieut.. Faga is charged,
under the neglect of duty specifica-
tions. with having given custody OF
A key to the s.oreroom to an enlisted
man in violation OF Marine Corps reg.
uia tfons,