Morning journal and courier., 1883-12-15
The Army Discharged.

Judge Deming Thinks the Evidence
 Against tho SaIvationfsts Insuf1eient-
 The Army in Great Glee Over the Re-
 suit.
 In the City court yesterday Judge Deming called the Salvation Army people, who were arrested recently for making disturbing noises on the Green, inside the railing. Three women and nine men presented them selves. The full text of Judge Deming's de- eision and accompanying remarks is as fol- lows: 1.-The section of the city bylaw under which the Salvation Army was arrested says that no person shall make any disturbing noise' after saying how these noises may be made it specifies the place by on the streets or public squares The complaint which has been preferred against the Army in court alleges that they did, on the 11th day of De- cember, make disturbing noises by singing on public square of our city.
 ''I have paid very careful attention to the nature of the evidence adduced in support of this charge. I have observed closely the conduct and appearance of the accused here in court. I paid particular attention to the saying of the leader of the Army, Captain Dinah Johnson, in explanation of the object of the Army. She said the object her Army has in view is to convert men, to make them love God and make them law-abid1ng citi- zens. Now that is very praiseworthy ob- jsct. And I believe that such is their And 1 don't believe that they intend to disturb the public peace or induce a riot. know that they have no intention of doing that which according to their avowed pur- pose they are endeavoring to prevent. 1 be- lieve that this Army, now that 1t has learned exactly what the law is and when it knows that any violation of that law must be fol- lowed by punishment in the courts, will be careful in the future not to violate that law. As interpret the law it forbids any noise that shall disturb the people. trust that hereatser the Army will not only preach obe- dience to the law, but also practice that obe- dience.
 But the question before me and which am to decide this morning was whether or not on the 11th of December the Army made such noise and was therefore a violation of the bylaw. In my opinion they did not make such noise and consequently on that particular occasion did not violate the by law. They had no cymbals, no tambourines and no drums. They merely sang on the State House steps. The lawyer for the de- fense stated to me on his professional honor that he considered it essential to the case that the Army should be allowed to sing one of their songs in court. The prosecution made no objection to the singing. If 1t had I don't know now what my course in the matter would have been. But in the absence of any objection allowed the singing in the court. The law yer for the defense said that the song that I heard here in court was the precise song, sung with the same accompsniments which the Army was singing on the State House steps when arrested. There was no rebuttal evidence from the State. I am forced. con- sequently, to believe that the facts are as they were represented by the defence. I must decide that that song, as heard it and accompanied only by 8 slight clapping of hands, was not 8 disturbing noise in the sense intended by the law. What my decision would have been had drums been beaten or a parade made through the streets. cannot say. The by-lawa is very plain and it is the duty of the chief of police to see that that bylaw is enforc ed. So that, while discharge the prisoners, must advise them to keep before their eyes the nature of the law on this subiect.'
 The judges decision was a very grateful announcement to the Army and they mani fested their pleasure by hearty congratula- tions. Chief Webster said that they would be arrested if they continued what he called 8 violation of law. The army were photo. grsphed by Ramsdell for a group picture for the War Cry. The group also included the two theological students who were arrested with the party
 The Salvation Army's Meeting Last
 Night.
 The Army's meeting last evening was held at their barracks only. The hall was packed to ove1Rowing. The advertisement the Army has received of late has added greatly to the attendance at the meetings. At the meeting last night no reference of any importance
 
 side the meeting, however, members said that they would probably suspend marching in the streets until they could hear decision from headquarters. Much discussion is had over the merits of the Salvation Army and their methods owing to the recent occurren- ces. Many citizens partially sustain the Army and many sustain the action of the city in stopping the parades. The city clergy appear to be as divided in their views on the subject as the citizens, some on the whole sustaining them, others disappearing.