, 1891-05-14
POST COMMANDER SUED
Damages to the Amount of $25, 900
Asked in a Libel Suit.
Col. Miner the Defendant and DR..
Appel Plaintiff.
The Former Commander and the
Latter Fort Russell Surgeon.
Some of the Facts Upon Which the
Suit is Based.

Attorney w. X. Stoll, in behalf OF DR..
A. II. Appel, post surgeon at Fort Rus
sell, yesterday began a civil action for
libel against Col. Henry R. Miner, COM
mander of the same post. The papers
were filed in the office of the clerk of
court and the salient features will be
found in the following extract:
The petition sets forth that the plaintiff
is now and was then a practising physician
with the rank of captain and assistant
surgeon in the medical corps of the
United States army, post surgeon at Fort
Russell and ID practising physician in
Cheyenne. That the defendant with the
intent to "wickedly and maliciously" in
jure the plaintiffin his good name, fame
and credit and to bring him into public
scandal, infamy and disgrace" did on the
Dist day of June. 1890 at Fort Russell,
compose and publish" the following:
Adiutant General United States army,
Washington, ID. C.. (through Headquar-
ters Department of the Platte) Fort d.
A. Russell, Wyo., June 81. lS90-Sir:
| have the honor to report that Assistant
Surgeon A. H.. Appel. on duty at this
post, has for a considerable time been
generally distasteiul professionally, to the
families of the garrison, so much so that
but few receive his services, the duty
falling chiefly upon Assistant Surgeon w,
p. Kendall. This command consists of
headquarters, band and eight companies
18th infantry. and, | think, entitled to
a medical officer of more rank and ex-
perience. Assistant Surgeon Appel having
been in the service but eleven years, while
Assistant Surgeon William G.. Spencer,
at Fort Bridger, a smaller command, is
Tour years his senior in service and rank,
and would be acceptable to this command.
Ia 1888 a full surgeon. Mai. d. G..
Caldwell was IN duty here, to the infinite
delight and happiness of the garrison, and
his departure was universally regretted.
II it be decided that a full surgeon should
be needed at this station, | beg leave to
express the hope that neither Mai. W.
d. Wolverton nor Maj. j. p. A. Cleary
be ordered. neither do / desire Assistant
Surgeon Curtis E. Price. for purely per.
sonal reasons as to the last three named,
but rather than have Assistant Surgeon
Appel longer here, | would prefer that
Assistant Surgeon w. =. Kendall per.
form the duty of post surgeon.
| am prompted TO this expression by
the state of feeling existing here for
months past. Very respectfully, your
obedient servant,
HENRY r. MINER,
Colonel 18th Infantry. Commanding Post.
The following is quoted under date of
Oct. 9, 1890: respectfully returned to
the A. A. G. (meaDing the assistant ad-
iutant general), department of the Platte,
inviting attention to preceding indorse-
ment. | have never experienced such
want OF promptness in the medical de-
partment as at this post, and the testI-
mony Of first serReauts will be produced
at any time as to the delay of from IF
teen to forty-ive minutes in serving at
tendance upon the sick at surgeon call.
Prior to my attention being called to the
subject IN July last, l directed that
hereafter first ~sergeants report to me fu-
ture hardness on the part of the medical
officer. On the 18th of August three
first sergeants reported a delay OF fifteen
minutes and my investigation developed
the fact that the medical officer did not
reach the hospital until thirty minutes after
surgeons call. My allegations are never
idly or recklesslY msde and the manifest
opposition OF the medical director of the
department to the removal OF this officer
has kept him here, although 1t is the
judgment of officers here, in which l con-
cur, that quite enough has been shown to
secure a more acceptable post surgeon.
This post is garrisoned by n full regiment,
while the present post surgeon is junior to
many medical officers at smaller com
mands. 1t is my opinion that l should
have a full surgeon of mature years, and a
gentleman of culture and refinement. A
number of officers families have not
called the post surgeon in months, but iG
preference have called an assistant. The
within is a perversion of my report. 1t
reads: "DiscourtesY and inattention, ex-
tending through many months" My re-
port reads; Considerable feeling among
officers families extending through many
months, upon the ground of d~iscourtesy
and inattention;' and | will add that this
feeling will continue as many months as
this infection is to be borne.
The statement of Capt. Ruben would
be added but for his absence"
The fifth paragraph of the petition al
leEes grounds for libel in the following
published by Col. Miner under date Of
Dec. 7, 1890:
Respectfully returned to Capt. W. P.
| Kandan AaSisfanf Sur0ann II -
through Capt. A. H. Appel, Assistant
Surgeon U. s. A, post surgeon, for re,
mark as to the third and fifth indorse.
ments, whether misleading or false. The
fifth Endorsement is disrespectful. insub.
ordinate and Is believed to be untrue in
Its reference to par. 1917. A. r. [Arny
Regulations Neither is it believed that
the absence of Capt. Appel every alter.
noon has been necessary in connection
with his official duties instead of a private
practice as a specialist in the treatment Of