The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-08
4 WRONGBD SOLDIER
Report of the Late Edward
F. Mcdonald on the Case
of Colo Ell 0'Rei1ly.
PREJUDlCIAL COURT MARTIAL
Justice Demands a Full Re .tora-
ton to. HIM Of His Rights,
HOnors and Rank.

Committee on Military Affairs OF the
House of Representatives, has stated
that among the drst reports his commit
tee will make upon the reasssm bling of
Congress. next mouth, will be one favor
ably on the bill introduced By Or. Eng
lish for the relief of Colonel Tho mas p.
O'ReiIly, now a resident of Newark. Ia
all probability thu committss will make
the report Of ths late e lward f. Med ,u-
aid, q msmoe of the COMMITTEES on Mill
tary Affairs in the Fifty-sscond Congress.
its report. as it oovsrs the case COM
plstely. This report will DO read with
interest. as 1t will throw some ligat UPON
the loose manner in which court martisls
have been conducted. Mr.. M:D,uald
said:-
Il REPORT.
"TDe Committee Oh Military AT hrJ, to
whom was referred the bill for tue rel isf
OF Thomas T. O'Reilly. respectfully re-
port:-After 3 careful Investigation of
tine official record In this case, Your CO IN.
mittes fiuds az follows:-
"Ftrst-The court martial before which
he was tried was not Ia Sfully appoiated.
and therefore had no jurisdiction To try
him. The department xcommaudsr who
appointed the court was also his 'accusar
or prosecutor and therefore could MT
lawfully appoint the court In conformity
with the act Of May 90 1880 Gee Seventy
.scond Article Of War; This position
being sustained, then Of necessity tue
whole proceedings of the court were uu-
lawful, aud mad no effect to remove the
claimant from the army.
"Second-That II does not positively
and Distinctly appear from the record tnat
the proceedings OF the court martial have
aver, In fact. been approved or confirmed
by the President OF the Uuttsd States, rs
the Articles OF War require, bsfore sep
teDce could. be carried Into execution.
The proceedings, findings and sentence
OF the court martial were transmitted to
the Secretary Of War, but what he wrote
thereon 10 the uaual form OF dep art.
mental orders. and, so far as 1t relates TO
the approval Of the sentence. Indicate.
departmental action only, and not By
order of she President. The t ct that the
order was his .(the Presideut's) wp
should not be left TO inference alonA.
The President, in passing upon the
sentence OF q court martial, and giving TO
1t the approval. without which it cannot
bs executed. acts judiciolsly. and such d
of the United States Supreme Court.
May q, 1887, in the case of Mayor Runkls
covering this point.) t-.s. r
"Third-ThAt the proceedings of the
court martial show plainly the accused
mad reason TO believe that the members
were especially selected to convict him.
Ii appears from the record that the ac-
cussd entered in regular order Ave good
and sufficient challenges against menu
oers of the court for bias aud prejudice.
and bias and interest, all of which were
overruled by the court martial, n he
WAS forced TO- trial. before this prejudiced
tribunal without council.
"EOurLh-ThaE fhA cnuPt arra1 In fail.
ing to sustain the challenge OF the ac-
cused to two members WIN were junior
in rank to him In the same regiment, aud
therefore directly Interested In his dis
missal. Each gained promotion through
his dis :harGe, and one WAS used az q Wiz
ness against MIN on the trial.
"Fifrh-That % II the court martial
had Jurisdiction. and procesded lawfully.
the puerile technical offeusss OF which IL
found the accused guilty did not justify
the sentence of dismissal, there being 40
question Of moral turpitude involved.
fortunately for Justices sake. at this
late day it has not been found necessary
to 20 outside the official record of the
case to find the evidences required to sus-
Jain the claim now made Ia behalf OF
Colonel O'Rsilly. The rdcord Il over
wnelmingly in his favor on the questions
raised,
'There is not to be found in the annals
~ UNA AA0t SANNA az butS
country ANYTHING approaching the pusrile
lot OF miserable technical charges that
were trunped up against the accused,
and the grossly illegal proceedings in the
case are as good q travesty on Justice rs
can be found.
GENERAL sTANLEY's OPINION.
IAN i'm important pap " TO be considered
In connection with this case IL the follow
ing Off ial letter from General Stanley to
the President
HEADQUARTERS, DEPARTMENT OF Texas,
SAN ANTONIO, Tex, Nov. Ii, 1887.
His Face Ien'q Grorer CIeveLGHd, President of
the Unftrd States:
Tbs subject OF rnis note, Thomss p. Orally,
was appointed a lieutenant in the Twenty
second infantry in 1867, aud served i've years.
During that period l was colonel of the Twenty
second Infantry, and Tor the greater portioa Of
bis service Lieutenant ORALLY was uaiar my
Immediate command.
1 take pleasure la testifying that during my
association with him his character a. al officer
and O gentleman was uuexcsptioaai; indeed.
In point of efficiency, / rslisd uosa hin As oas'
OF my best officers. In tbs matter OF tho court
martial / cannot speak, as l was absent ON q
distant expedition at ths time.
Brigadier General, q. 3. Army.
NoTE.-And I will add my testimony that
socially. you were a very pleasant feature In
temper and entertaining manner did much TO
brighton our life Ia that desolats country (Da-
kota). Even the memory Of your hesrty laugh
Is an antidote now for dull care. Very truly,
your friend, -a
Mrs. ANNA N. STANLEY.
CMrs. Gen. D. 8. Stanley.
.Cnionel O'Reilly served through the
Civil War, entering the army as a private
In the Thirteenth Regiment New Jersey
Volunteers, coming II ut the close
major Of the 116Gh Regiment, United
States colored troops. with two brsvets
OF Lieutenant Colonel and Colonel con-
ferred for gallant and meritorious SER
vices during the war;
srmy. from 1862 TO 1872. he never had any
trouble, but he miserable difficulty tlaL
/ esulted in his dismissal.
considering all the circu instances.
you committee are satisfied that q great
wrong has been lone q m~sriIorIous sol-
der, who las risen superior to his mis-.
tunes, ax evidenced bv hts honorxUts
career In civil life since leaving the AMY.
Your Com n.ittee, therefore, believing
this to be a csse Of great hardship. ARE OF
opinion that ouly a full restoration TO tbs
rights. honors aud ranks which hs would
now enjoy had he remained in tine army
will do jus.ice to the C sc.
HE would now RANK a. captain In thu
Twenty-second Infanty from June 2.
1889, that being the date OF the con- uis-
sion now held by Captain Benz. G. Lock
wood. Twenty second Infantry, the
officer who was next to him in line OF
promotion at time of di, missai.'
/ msy add here thai General Stanley is
rnu IAnuoruar rf - ma Cal Jaxco