The record-union., 1892-03-30
M'MANNUS REVENGE.
He Has Captain Cooke of Battery B
Placed Under Arrest.
The Captain Objected to MichaeI's
Elevation and War Ensues-Re-
suit of 'sJosh.o

Captain John Cooke of Battery p is I'M
der arrest.
National Guardsmen have been arrested
before, but it has been long time since
one was arrested by the civil authorities
for refusing to do military duty, as is the
case with Captain Cooke.
The Captain was taken into custody by
Deputy Constable Martin Monday even
ing, on warrant issued from Justice OF
the Peace Starts court on the affidavit OF
Michael j. McMannus-and thereby
hangs tale.
In July of last year, Battery B of the
First Artillery Regiment, n. G.. c.,
located in this city, held an election, the
particular offices to be filled being that OF
Senior Second Lieutenant and Junior
Second Lieutenant. Of course, as usually
happens on such occasions, there were
several candidates who would don the
shoulder-straps.
Now, it appears that McMannus is
something OF pet among certain OF the
soldier boys, and, whether in fun OF
otherwise, they suggested that he would
make good Junior Second Lieutenant.
Many looked upon the matter as q joke,
but at any rate, when the election was a.
hand, and McMannus was nominated,
Captain Cooke became indignant, and
said that McMannus' name should not &c
before the company.
There does not appear to be any definite
information regarding the exact date thai
McMannus discovered that he had not been
treated as he should have been. The fact
that the affair took place in July of last
year, and the arrest made this week, indl-
Gates that McMannus took plenty of time
to think the matter over. But however
that may be, it does appear that the
offended candidate visited the Attorney
General; that that official informed him
that under the Penal Code Captain Cooke
could be prosecuted; that McMannus
went to Justice Starr, and that the latter
sent him to City Attorney Hart, who
drew up the papers.
Captain Cooke gave bonds for his APP
pearance in court when needed, and was
released from custody by Justice Starr.
The Captains explanation of the affair
is that the naming of McMannus for the
office of Junior Second Lieutenant was
only Josh" and that he did not object
TO the boys having some fun, so long as
they kept it in its proper place. But when
they attempted to detract from the dig
nifty of a military election by carrying
their joke into it, and nominating Nc
Mannus, he put stop to 1T, declaring
that he would allow no funny business
McMannus evidently considers that he
suffered great indignity at the hands o.
the Captain, as the wording of his aft
davit indicates. He sets forth that the
Captain ''willfully and unlawfully, being
then and there commanding officer oil
said Battery b, made an order that the
said Michael j. McMannus, who was then
and there a member and private of said
Battery b, should not be considered as a
candidate" etc. He declares that the
Captain, by his action, is guilty of a mis-
demeanor, in having refused and neg
lected to perform certain military duties
required of him by the laws of the State
of California" and asks that the Captain
be punished as the law directs.
The case will come up some time next
week before Justice Starr, and promises
to be interesting.