St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-06-13

Minnesota, dated the SOth of May, 1885,
did deny that he had accepted said invita-
ton, and that he did further in an official
communication to the said adjutant gen.
eral, dated June 1, 1885, referring to the
acceptance of said invitation, use over his
official signature the following words and
sentences: Headquarters First regiment
N. G.. S. NJ, ST. Paul, June 1, 1S85.-Ad-
jutant General, State of Minnesota, Gen
eral: I have the honor to acknowledge the
receipt of your letter of the 30th ult., and,
differing with you as to the necessity of
further correspondence on the subject,
I reply: First, in your letter of the 29th ult.,
you stated that you had been informed that
had accepted an invitation to parade and
had afterwards declined to do so, because l
was dissatisfied with the position assigned
to the infantry. In reply l told you that
you were mistaken, as the invitation was
accepted conditionally, and that when the
G. A. r. saw fit not to comply with the
conditions the acceptance was Withdrawn.
This can easily be proved, but nevertheless
in your letter of the 30th ult. you claim to
maintain your former position. Comment
on this is unnecessary" And that the said
Col. William B. Bend did publish or cause
to be published in the st. Paul Pioneer
Press and DAILY GLOBE, newspapers pub
lished and printed at ST. Paul, Mimi, the
said official communication over his sigma
ture, which contained the foregoing denial,
and setting forth statements, knowing the
same to be false III intent and purpose.
This at st. Paul, Mimi, and to the scandal
of the National guard of Minnesota.
DISoBEDIENCE OF ORDERS.
Charge Second-Disobedienc of orders
and instructions from his commanding Of
ficer in violation of the 21st article of war.
Specifcations-In this that he, Col. William
B. Bend, First regiment, Minnesota Ma
tional guards, did on the goth day of May,
1885, receive the following written COM
municatiOn from the commander-in-chief:
Here follows the order from the adju-
tant generals office, under date of May 80,
expressing, under the authority of the gov
ernor, the hope that Col. Bend and his COM
mand will realize the propriety of parading
and declaring that any neglect or refusal to
do so will receive the serious consideration
of the commander-in-chief.
And that the said Col. William B. Bend,
on the said Memorial day, 3Oth May, 1885,
did wholly disregard and disObey the order
and instructions of the commandments
which had been delivered to him as afore-
said. This tSt. Paul, MINI.
AGAINST GOOD ORDER.
Charge Third-Conduct to the prejudice
of good order and discipline in violation of
the SiXty-secOnd article of war. Specifica-
ton first: In this, that the said Col. William
B. Bend, First regiment, M. N. G., knowing
that the cOmmander-in-chief had instructed
him in the performance of his duty on the
goth of May, 1885, did on the 3Oth of May,
1885, address an official communication to
the adjutant general of Minnesota, admit
ting receipt Of said instructions and of his
failure to comply with the same, and in
which official communication he used the
following words and sentences over his Off
cial signature: ''FOurth-AS to the latter
part of your letter, in which you say that
refusal to parade to-day will receive the Sc
rious consideration of the commander-in-
chief, and the prefix to your signature of
the words 'by authority of Gov. L. F. Hub
bard,' have only to say that do not fear
the result of the first, and that doubt your
authority in this case to use
the second, as [ know that
the governor is absent from the
state, and authority cannot be assumed
and which said official communication said
Col. William B. Bend did publish, or cause
to be published, Oh the 31st of May, 1885, in
the daily papers, tO-wit, the Pioneer Press
and DAILY GLOBE, newspapers printed and
published in St. Paul, MINI. This at
st. Paul, MINI.
Specification second: In this that the said
Col William B. Bend did address an official
communication to the adjutant general of
Minnesota, bearing date June /, 1885, in
reply to an official communication of that
officer, inviting him to cease further CORE
spOndence in reference to matters growing
out of the Memorial day parade, and in
which official communication Col. William
B. Bend used the following words and
language over his official signature, to-wit:
''SiXth-YOu appear to forget that the
military code Of this state forbids any staff
officer to assume or be placed in command
of any troops, and consequently, although
to certain extent you represent the COM
mander-in-chief during his absence, you
cannot issue an order to the National guard
without his express authority, and he can
not delegate any such power to you during
his absence, for that would be placing you
in command of troops. Had you issued an
illegal order to me, L would have promptly
preferred charges against you, and there is
no question as to the result, for the law is
clear Oh the subject. notwithstanding
to the recent decision of Lieut.. Gen. Sheri-
dan, which has been published in the gen.
eral orders of this state, you cannot
issue instructions, save as explanatory
of some order already given by the COM
mander-in-chief, and which is still in force,
and if I thought that it would be estab-
lished that your letter of the 10Th ult. con-
tanned any instructions, 1 would test your
right to issue them" And that he, the said
Col. William B. Bend, did cause his said
official Communication containing said words
and sentences to be published on the I'd of
June, 1885, over his official signature in the
daily newspapers published in St. Paul. to-
wit, the GLOBE and Pioneer Press, and
that the said official communication was so
published several hours in advance of its
recent by the official for whom intended
and to whom addressed. This at ST. Paul.
MINI.
BREACH OF ARREST.
Charge Fourth-Breach of arrest in vio-
lation of the sixty-fifth article of war.
Specifications--In this that said William
B. Bend, First regiment, NJ. N. g., having
been on June 9, 1885, at the headquarters
Of his regiment at st. Paul, Mimi, sus-
pended from command and placed in arrest,
under and by virtue of Special Orders No.
II, A. G. o.. 1885, did acquiesce in the same
and retire to his quarters, and that he did
on the Sd day of June, 1885, and on sun
dry days subsequent thereto, leave his quar-
tiers and the city of st. Paul, where the
same are located without the permission of
his commanding officer and without apply
ing for an extension of limits. This at st.
Paul Respectfully submitted,
C. N. MCCARTHY,
Brigadier General NJ. n. g., Adjutant
General Minnesota.
G. NJ. MACCARTEY.
JOE L. BRIGHAM, Witnesses.
E. +. KENWICK.
A CyTT ASK EEs EnR