Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1817-10-10

| arn OF opinion. that, under the 6s,h article
of war, il reSis the sound discretion of the
| proper department of the government, wheth-
4 er to summon officers ct the marines I'M the
! constitution Of Court Martial tor the trial of
| a lientcnart colonel in the marine corps, or
wholly 10 pass them by nor do know OF any
/ act OF Congress, or other law, authorizing :
- RICHARD RUSH,
attorney General.
| September IL, 1917.
! The court being cleared, after due deibera-
ton, determined thdi they had no jurisdiction
! OF The case.
| The Judge Advocate stating that he had no
further business for the Court, the Court all
WI. KING, Col. 18th Inf.
President.
| SAM. WiicocKs,
special JUDGE Advocate.
/ bGSf@gton, SEPT. Il, 1877.
Tx proceedings oi te Court Martial lately
o,dertd tor the tria,oft. col. Wharton. having
bten submitted 10 the President, he is OF opn
iop. that, -. the organization of the COPS OF
marii:es, any officer OF that corps may I've tried
10y psticcrs belonging to tie military establish
meat OF ilis Cnlted states, and, therefore, dis
approves the decsicuct the court nevt vt'ieless
ipasniuch as officers OF that corps max by Law
lac members ct tie CONT, and II is presumed
dat some may he found to whom 40 inS"r-
heMntabie obiechcn IS applicable and rs he is
Wiling not Ia press a question on The exiting
Cugri a.; ainst tic opinion il has given, espe cia
~ az IL may be avoided without the establish.
ment ot aprecedeiit iu favor OF such opinion.
he directs that some officers OF the marine
corps, as we'll as oihCrS at tue army. be added
10 lie Cont for the trial of the said OFFICER.
JAMES MONROE.
1874 September, 1917.
nv g
September ID, 1917.
GENERAL ORpsR.
Colonel L. ). leSsup, OF the third Infantry
major Richard Smith, OF ;he marine corps, ma
joT ). NJ. Davis OF the general staff, aud cap
tain Hobcit Wainwright, of the marine corps,
are detailed rs members OF the general court
martial. oil which colonel King is president, iii.
rrcted 10 convene III this city by general order
o: the 21t Of August last.
/ Major VIM. M'Douaid ~ relieve d as super
n,imerary OF the court, aud viii report at this
oiilce. ihe court will convene, organize, and
proceed 10 business accordingly, at Davis's hO-
te!, Tomorrow morning at 10 O'Clock.
By order,
ID. PARKER, Adjt. and ms. Gen.
September 20, 1917.
! The court met. pursuant to the above order
| Lieutenant CotoHei Fraakiin Wharton, of the
| niIriae corps 'vsS then oTrd gned By the Judge
Aacsccts on !aeJoii0wi'ly charges and spseifSu-
ticnS.
charges.
| sentsd against lieutenant Colonel Franklin
Wharton, comuandant OF the Marine Corps,
| by 3revct Major Archibald Henderson, ofihe
| sanle corps.
CHARGED.
| Neglect ofduty.
Specification In that he never has, with
| il the last TWO years, or al any former period
| taken command ct any parade of the marine
| corps.
Specification 2. In that he never has, with
II a n M or nA in6
| taken cOElniaud in The field oi any part OF the
| marine corps.
| Specification 2. In that he never has, with
| in the ld>t two wears or al any former period
I SPECIFIED any part of the marine corps, either at
the head quarters of the corps, AT any of the
naVy-yarts, where guards OF the marine corps
| were taLioned.
| Specification g IN that lie has neglected
| Notwithstanding repeated applications from
| Captain Robert ID. wainwright, 10 give such .n
| order would JGstiiy that officer IN carrying
int execution tie sentences OF Il court martial
| convened By order OF lieutenant colonel Whar-
! ton, of the date OF the 10Th October, 1916, at
! the marine barracks, Chariestown, Massachu-
| sets, on the ith November, 1916, whereby
two private soid.e's, Peter iiul * John Cord
well, have been unJnstiy aud oppresSiveiy kept
| in confinement hey ond the period of their sen
| fences by the courI martial, aud whereby those
sentences remained; uneXecuted OH tue SIh une,
! 1877.
Specification s. In that Peter Moore, "a pr.
| vate soldier la the marine corps, has been un-
necessarily and oppresslvely kept IN C0Dtins-
/ inent III the marine baracns, Chariestown,
| Massachusetts. III consequence OF no notice
| having been taken ny IT. Col. Wharton of re-
| port made by capt. Wainwright, Oh the iSih
March, 1917. on the voluntary surrender of the
| SAID Peter Moore, on the Sd " that month as a
deserier. and In consequence OF which the SAID
| Peter Moore still remained in Confinement on
| the 18th June, lSH-
CHARGE III.
| Conduct uubecomlny officer and gentle
| man.
| Specification I. In that, notwithstanding. il
| WAS communicated To him that MS military
| character had been asSaich in It's tendcrest
/ point. IN consequence OF the conrSe he pursued
| at the IIie ~ the capture OF tie CITY " Wash
| i:iytOn Inv tie enemy, hs did decline, and has
ever since declined, Though communications
| have hcen made TO him 10 the same effect oil
| late date,) To make any eltectual measures to
put a stop 10 reports so highly injurious to his
| own character, aud OF such great disadvantage
| to the corp under hIS Command.
Specification z. LIZ that, ABOUT the flli
of Apr last he did use harsh aud u. gentleman
| like language towards John Hall, Esq. at that
! time 4 Major IN the marine corps, in these
| ds:-fhat Inc was liar.
Specification >. IB Ibhi he did subsequently
| refuse 10 make satisfactory repatriation 10 the
| said John Hail, Esq for savips used towards
him such harsh and unseutiemGn like Ian
! Suage. 49,.
Brecet Aiajor OF AIdrineS
Washington, 27tIl Aug. 1917.
The prisoner was then asked by the Judgs
| Advocate whether he was gniity at tue matter
| CT accusation; TO which lie iepned thai he wa'
not guilty.
The prisoner objected to the first aud ttirt
| specificatIOns OF the second charge, AS beng
4 al