Year: 1871

Yesterday morning when Cadet Smith


appeared at the Courtroom, he looked


well, and his air was sef-possessed He


IS provided with table at the right of the


Judge-Advocate. and closely watches the


witnesses and the Court-not with PEI.


turbed or down-cast look, but searchincly.


When the direct examination of the wit


ness is concluded, he hands to the Judge


Advocate, his written questions, to be


propOunded in the cross-examination.


The questions are always well framed,


written in his own hand, and evidently


prepared as occasion arises. Several


times one member and, another of the


Court objects to a question; the Court is


cleared for deliberation; loud talking is


heard within; the doors are presently re-
opened; and, in every case, the decision
is announced to be objection overruled."
and the questions are again put. Some
times, it must be admitted, the questions
were such as could only be permitted rs
indulgence, and perhaps were not strictly
legal; but numbers of the Court, and es-
pecinlly the Jugde-Advocate, in behalf of
the prosecution, expressed magnamin-
Gus disposition to allow the widest lat
itude in the cross-examination.


At least two of the witnesses who have
been called to testify against him have be-
trayed such feeling, and at times such
confusion is rendering their testimony,
that his own composure and patient WELD
ing of his right to examine, have created
strong impression in his favor. This
is especially the case in view of the fact
that it is found that the case turns sim
ply upon the question whether or not
Cadet Anderson stepped on his toes and
this question, it is already found, can on
~ be settled by an agreement between
Anderson and Smith upon the point, no
other person being able to say that An
derson might not have done so. The
other question as to what Cadet Smith
says he heard Cadet Birney say, at the
time, sinks into unimportance beside the
former for it has become clear that
Smiths attention was distracted by some
unusual cause, SO that he was found look
ing to the right when be should have
been dressing" to the left.


A fact should here be stated, which
has yet been brought to the attention of
the Court, which is well understood by
ut least some of the officers concerned II
is that some two months ago, Cadet
Smith officially complained to the Com
mandant that Cadet Anderson had been
annoying him by wantonly standing on
his toes when he could do so covertly,
Anderson was called to account for the
offense. Anderson gave, the explanation
that, If he had trod on Cadet Smiths
toes he had not meant to do So" The
examination of Cadet Birney yesterday
was remarkable scene. He is about
the same age as Smith, and the contrast
between his personal appearance and
that of the accused was sing,,larly effect
i've.


Smith rapidly handed over his ques-
lions, when the direct examination Of
Birney WAS concluded at last it came to
she point, 'FWhy have you pursued this
course with regard to Cadet Smith ?" and
he answer came promptly, Because
hink he has lied. " Cadet Smith bore this in
manner which, at all events, led lockers.
III at the trial to believe that the charge
vas unjust.


The first witness examined yesterday
vas Cadet Corporal Anderson. He gave
us sentiment in clear, straightforward
manner, and evidently without the slight
st coloring Of prejudice against Cadet
smith. The witness explained the cir
of the case, as they are al
eady understood, with reference to the
positions Of the parties in the ranks. He
lad not heard the alleged CONVERSATIONS,
Tor seen any stepping on Cadet Smiths
oes. Cadet Smith then examined
he witness as follows:


did any reason occur to you why no
Cadet Smith) was looking in the wrong
Erection, after the command to dress to
be left had been given?"


"No. Witness here explained, in
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