Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1828-03-20

tDefe was mateFlaf altefauoh ID tue SER
geant's behavior; the sergeant engaged
IN conversation with some of the men
on the same subject, and that he was
compelled to order the sergeant to deSist
using any such mutinous language.
Question by the defendant. Was I
obedient, OF not, TO the orders OF my
commanding oficeri
Answer You always executed or
6ers that were given, with the excep-
zion of the order of the Esd August,
1914, relative 10 which. the Colonel,
as well as myself, considered you indo.
Tent; and some time after the mutiny
had assumed decided aspect, heard
you tell some of your men, that they
had better not 20 home on the goth
September, to wait until you went,
Ensign I'm. Pcgram, awitness in be-
half OF the defendant, being duly sworn,
states: That he was at Fort jackson
only short time, during which he was
frequently in company with Captain
Strother, that be never heaid him say
any thing, either directly or indirectly
tending to excite mutiny, and produced
q letter, dated Fort jackson, 7th Sep
TENDER, of which he was bearer, from
Captain Strother to his brother in law
at Fort Williams, from which the follow
ing 10 an extract:
VI want you TO stay at Fort Williams
If not ordered down here, or, at least,
wait for me at Fayetteville until we are
discharged, and try and stop that SIM
pie notion the men have, of breaking
off on the 10th this month, to 60 home
Give the men in my company my COM
pliments; tell them not to move from
there until they are ordered by proper
authority"
Ensign George j. Martin, a witness
in behalf of the defendant, being sworn,
states: That, on the march, or while
at Fort Williams, Captain S.rother ask
ed him if he ever saw any militia law
compelling the men to stay in service
for longer period than three months;
in answer to which be observed that he
had never seen such law, and that be
was at Fort Jackson, about 10Th Sep
tember. when he heard much mutn-
Gus language among the soldiers, and
received an assurance from one OF the
Captains men, that bis officers dis.
coantenanced every such procedure.
Philip Bryant, private OF Captain
Strother's company, a witness on toe
part of the defendant, being sworn
states: That his Captain always tcld
him that he was bound to stay six
months; believes he used his best en-
deayor to suppress mutiny, and that he
heard such language from his captain al
various times, and sometime subse
qusnt to the 10th, he pursuaded hi:
men to continue in service until Majors
Hicks or Ralston could 60 to Nashville
10 procure the law relative to thei, term
of service; and that he heard one of the
men of Captain Strother's company
say that if he could break the officers
the men would be cleared.
Here the evidence ended.
Captain John Strother states in his
defence, that he is conscious of bis in.
nocence. and willingly submits his case
TO the decision of the Court, and to dc
equal justice to himself and country.
The Court after mature delberatior
on the evidence adduced, find the &C
cused guilty as charged, with the ex
ception of failing to report bis men tc
the commanding officer, and sentenced
that he be dismissed the service, as un.
worthy of holding commission in the
Army of the United States.
The Court adjourned until to-mor'
row, 0 o'clock.
The Court met. pursuant to adjournment
Present the President and Members; and pro
ceeded to the trial OF Sd Lieut. james Nc Cauley
1st Reg. w. 7. militia, arraigHed on the fol
lowing charges and specifications
Charge 1st--Exciung to Mutiny.
Specification. In this, that, between the l0ti
and Goth Sept. 1914, speaking words tending IL
lead men to the act OF mutiny, by saying thai
the opinion of the United States Attorney fol
the State Of Virginia was nothing but newsPa
per law.
Charge 2d-Conniving at Mutiny.
Specification In this: that on the 18th Sept
1914, he gave directions to some OF the mutt
nous party, to put in his knspssck his proper
tionable part of provisions which had been for
chilly taken from the issuing house by them
and further said, that he would be with then
IN few days, as he had some business to settls
which would detain him that length of time
Charge 3d--Disooedience OF Orders.