The president said the witness had spoken loud enough for any man with even ordinary faculties to hear, and if these were not possessed by counsel, some one who possessed them ought to be procured.
Counsel then handed in a statement to the effect that he did not hear the witness, nor had he heard anything distinctly that day. He was not deaf, and was possessed of ordinary faculties. He had no wish to obstruct or delay the Court, and, that he might not do so, he had asked that the witness be directed to stand nearer. The observations made by the president tended to unfit him for the discharge of his duties, and he requested that they would be withdrawn.
Subsequently Mr. McMechan sent in the following and stood waiting a reply.
"Sir,—Having remonstrated with you for what you said, and you not noticing it, I now beg to withdraw."
The president read the first communication and said, "I am sorry that my remarks should tend to unfit counsel from attending to his duty, but I refuse to withdraw them."
Mr. McMechan immediately left the court.
The president directed Mr. Lawless, the prisoner's solicitor, to be sent for.
On Mr. Lawless entering the court, the president said that Mr. McMechan had withdrawn from the case, and he wished to tell him that he would give half an hour, or any reasonable time, to provide another counsel if he thought proper.
Mr. Lawless said he was very sorry for what had occurred between Mr. McMechan and the Court, but as he was senior counsel in all the court-martial cases, he could not, according to the etiquette of the profession, withdraw the case from him, nor was he at all inclined to do so, as he had full confidence in whatever course he (Mr. McMechan) thought right to adopt.