Show drt COUTMATI4L EONS Her q I Unusual Array of Military 1llU1 Dignitaries at Ft Douglas IL I MAJ Ps R 1 EGAN IS ON TRIAL r d Failure to Perform Duty in Examining Examin-ing and Treating Six Members of Eighteenth Infantry Charged but Nothing More Than Characteristic Gruffness Disclosed by Testimony l of Four of Them No Animosity Has Been Made Evident Spectators Specta-tors Arc Excluded Part ofthe Time S The first courtmarlSal held at Fort Douglas In many ycars for the purpose of trying an officer commenced yesterday HOtt yester-day forenoon MaJ Peter It Egan surgeon sur-geon at tho post was called upon to answer the charge preferred by MnJ George S Young of the Eighteenth Infantry In-fantry of failing to perform his duty In examining diagnosing and treating six soldiers who applied to him at the r of the alleged neglect ot duty and tho I names of the soldiers who are Fred LeMessurler private company L Sergt William Swlnford company Ij James Glover cook company M Crawford Craw-ford 1 R Holland 1 private company K William T Ralston company L and Corp Fred Gallagher company L allot all-ot tho Eighteenth Infantry A plea of not guilty was then entered by Capt Cronkhlte after which the examination ot witnesses began LeMessurler being called first He said he was afflicted with dhoble Itch a skin disease < tosuch I an extent that his clothing adhered to his skm and caused him such pain that only with difficulty was he able to walk He applied at the hospital ho said on October 29th but was too late for Hick call He saw the steward but did not get to see MaJ Egan His next visit was on November Sth when MaJ Egan save him medicine which he used The defense objected to testimony as to occurrences oc-currences on the latter date aa being loo remote from October 29th the date of the alleged neglect but the objection objec-tion was overruled At the first visit the witness said Maj Egan had not I examined him but asked as to his condition con-dition The witness called again November I No-vember 14th and told MaJ Egan the treatment had done him no good when MaJ Egart asked to see the sores Inquired In-quired Into the history of the case and prescribed again and on November 17th the witness was sent to the hospital The court was cleared several Limes during the examination of the witness I The exclusion of the spectators was 1 I probably In deference to flic feelings of the witness as the reading of the testimony tes-timony afterward disclosed that he had I also been afllicted with other diseases than the one first named On crossox unlnatlon tho witness was au1edwhr l he had reported at such Irregular Intervals I Inter-vals and replied that It was on account of the way he had heard MaJ Egan J i oI I J rw 1 V cf q A bed tea dLi ti Li Cvi bL1IEc cERn W RPwUHwr1W r t I i ir K t 149S 4i flt 9J 1 Dr st r 4 I LtEuiC6L CooPE1 4 1 QpL TXLE0 hospital for medical treatment between I lWitt t October 20th and November 8th of the tIf present year I The personnel of the court far exceeded exceed-ed Interest the proceedings of the day for whllcLhe charges were not of a serious nature the evidence produced by four of the six men who were said to have been neglected so far as It I uas made public failed to show anything any-thing moro pronounced than a certain < degree gruffness which is said to be characteristic at MaJ Egans speech and this from one witness only A PERSONNEL OF COURT The court Is composed of eleven officers offi-cers of the Department of the Colorado L Colo-rado who sit In full uniform as Judges S and Jury and rank In order as follows Col T C Lebo presiding of the Fourteenth 4 Four-teenth cavalry stationed at Fort Grant Ariz LieutCcl C L Cooper Fourteenth Four-teenth cavalry Fort Logan Colo MaJ George E Bushnell surgeon Fort Logan 4 Lo-gan MaJ G B Walker Eighteenth Infantry 1 iVi tt4 In-fantry Fort Russell Wyo Maj r Charles A Varnum Seventh cavalry 1 I ten Y1 Fort Logan MaJ F H Hardlc Four 1 beSt1 teenth cavalry Fort Wlngate N M t MaJ J A Irons United States Infantry I for InspectorGeneral Fort Logan MaJ R S P Page Walnwrlght Fifth cavalry our Fort Ducbesne Utah Capt H W t only wheeler Fifth cavalry Fort Apache ti Ariz Capt C W Foster artillery more corps Fort Russell Capt Benjamin Al 3 thiS vord Twentieth infantry Fort Logan 1 Capr Delamere Skerrctt Fort Lo I Iii gan acting Judgeadvocato for the de partment conducted the prosecution rS the defense Wac represented by I 1 Capt A Cronkhlte Twentysecond bat 1 tory FOlt Douglas assisted by Dr 1 i henry L1ft > tto ° f Salt Lake a retired surgeon of the navy who was also sur goon of Roosevelfa rough riders In Cuba Promptly at 1010 ocloclc Capt 1 Skerrett read the call announced the attorneys for the defense and Intro fl uccd the accused after which the of llcers were sworn LIST OF WITNESSES it1 The charges were then read and were SclenUcal cours In form except as to the daLe iE treated the men but he cited no instance In-stance of objectionable treatment This answer caused the only controversy of the day The defense objected to It as being Improper while the prosecution claimed it showed tho motive of the witness for which the defense bad asked Capt Foster of the court moved to strike the answer from the record as It was hearsay evidence and of too general character but after a short executive ex-ecutive session the record was allowed to stand This ended the morning session and in the afternoon at 130 Sergt Swln ford was called and testified that he was afflicted with Manila Itch He said there were sores and eruptions on his body and MaJ Egan had given him medicine after touching my flesh In two or three places The examination of Swinford was also partly held behind closed doors Corp Fred Gallagher who followed told of sores on arious parts of his body and oL having applied to Maj Egan for treatment After examining the witness and prescribing MaJ Egan had said That Is all get out Court was also cleared while a part of Galla ghers testimony was taken HAD NO COMPLAINT The last witness sworn was Private Ralston who said he had been suffering suffer-ing from dysentery and dhoble ilch He said he was afflicted with tho Itch at Capiz In theY Philippines but that he had been discharged from the hospital hos-pital as cured He came here without a pimple on him but soon afterward the symptoms reappeared He had visited MaJ Egan at the hospital two or three times but could not tell the dates MaJ Egan had given him medicine medi-cine Pie admitted that he had refused to take certain t treatment prescribed by I MaJ Egan and had said he felt pretty well He said he was now cured and I had no complaint to make of MaJ Egan While the courtmartial was conducted conduct-ed In a dignified manner It was far less formal than a civil court and there was a lack of anlmosltyln the slightest degree on the part of counsel for both sides MaJ Young was not present at any time during the sessions of the court |