The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-11-07
A WRONGBD SOLDIER
Report of the Late Edward
F. Mcdonald on the Case
of Colo Ell O'Reilly.
A PREJUDIcIAL COURT MARTIAL
Justice Demands a Full Re.tora-
ton to Him Of His Rights,
Honors and Rank.
PREJUDICIAL COURT MARTIAL

tee will make upon the reassemblIng of
Congress. next month. will be one favor
ably on the bill introduced by Dr.. Eng
lish for the relief of Colonel Tho mas P.
O'Reilly. now a resident of Newark. Ia
all probability the committee will make
the report of thu late E tward F. Med "a
aid, a member of the Committee on Mill.
tary Affairs in the Fifty-sscoud Congress,
its W report. as it covers the case COM
pletely. This report will be read with
interest. as 1t will throw some light UPON
the loose manner ia which court marlials
have been conducted. Mr.. M.Donaid
said:-
THE REPORT.
THE Committee Oh Military Aft Hrs, to
whom was referred the bill for tue rel ief
of Thomas z. O'Reilly. respectfully re-
port:-AfLer q careful Investigation of
the official record ia this case, Your CO nv
mittee inis as follows:-
"Flrst-1he court martial before which
he was tried was not la wfully appointed,
and therefore had no Jurisdiction {, try
him. The department commander who
appointed the court was also his 'accuser
or prosecutor and therefore could not
lawfully appoint the court in conformity
with the act of May 90. 1880 (see Seventy
second Article Of War; This position
being sustained, then of necessity the
whole proceedings OF the court were un-
lawful, aud mad no effect to remove the
claimant from the army.
"SecGnd-That it does not positively
aud distinctly appear from the record That
the proceedings OF the court martial have
ever, in fact, been approved or CO confirmed
by the President of the United States, as
the Articles of War require, before sep
Tnnnn onuId hn VISTA frro
The proceedings, findings and sentence
Of the court martial were transmitted to
the Secretary of War, but what he wrote
thereon Is the usual form of departs
mental orders. and SO far as it relates TO
the approval of the sentence. indicates
departmental action only, and not by
order of the President. The I ct that the
order was his (the P~resident',) own
should not be left to inference alona.
The President, in passing upon the
sentence of ii court martial, and giving to
it the approval. without which it cannot
be executed. acts j~udicioasly. aud such a
power be cannot delegate. (See decision
of the United st ates Supreme Court,
May q, 1887, in the case of Mayor Runkle
covering this point.)
"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.
1t appears from the record that the ac~
cused entered in regular order, five goou
and sufficient challenges against MEM
oers of the court for bias n prejudice.
aud bias and interest, all of which were
overruied by the court martial. and he
was forced TO trial before this ~prejudiced
tribunal without council.
"FourJh-That the court erred In fail
ing TO sustain the challenge of the ac-
cusad to two members WIN were juuior
in a Il fn him in tho on ~ a tp yituo. o,d
therefore directly interested In his dis
missal. Each gained promotion through
his dis charge, and one Was used as q wit,
ness against him on the trial.
"~FffJh-That ven II the court martial
had jurisdiction. aud proceeded lawfully,
the puerile technical ofenses Of which 1t
foundt the accused guilty did not Justify
the sentence of dismissal, there being no
question of moral turpitude involved.
fortunately for Justices sake, at this
late day it has not been found necessary
to go outside the official record of the
case to find the evidence required to sus-
tain the claim now made ia behalf of
whelmingly IN his favor GU the questions
raised.
There is not to be found in the annals
of court martial proceedings iu this
country anything approaching the puerile
lot of miserable technical charges that
were Irumped up against the accused,
and the grossly Illegal proceedings in the
case are as good q Er aveStY on Justice as
can be found.
GENERAL STAELEY'S OPINION.
A important pap .r TO be considered
in connection with This case is the follow
ing Off lial letter from General Stanley to
the President
HEADQUARTERS, DEPARTMENT OF TEXAS,
SAN ANTONIO, Tex, Nov. IL, 1887.
His Free LIMO (f1to1Jor (ue7JoJnnd Proeidonf 0f
the United States.
The subject OF this note. Thomas P. Orally,
was appointed a lieutenant in the Twenty
second infantry in 1857, aud served five years.
During that period l was colonial of tina rwauty-
second infantry, and for tue greater portioa of
his service Lieutenant ORsilly was ualsr my
immediate
l take pleasure in testifying that during my
association with him his character a; al oficsr
and q gentleman was uuexcep5ional; indeed.
IN point OF eihslency, l relied uooa him aS oIs
of my best officers. In the matter of the court
martial l cannot speak, as I was absent on a
distant expedition at ths time.
Very respectful, D. S. STANLEY,
Brigadier General. u. S. Army.
NOTE And l will add my testimony that
socially you were a very pleasant feature in
our little circle, and your cheerful, amiabie
temper and entertaining manner did much to
brighten our life in that desolate country CDa.
kota). Even the memory of your hearty laugh
Is an antidote now for dull care. Very truly,
your friend,
MRS. ANNA NJ. STANLEY.
CMrs. Gen. D. S.. Stanley.
Colonel O'Reilly served through the
Civil War, entering the army as a private
in the Thirteenth Regiment New Jersey
Volunteers, coming out at the close
major of the 10th Regiment. United
States colored troops, with two brevets
OF Lieutenant Colonel and Colonel con-
ferred for gallnut and meritorious SER
vices during the war;
I'm all his ten years' service IN thu
srmy. from 1862 TO 1872. he never had any
trouble, but The miserable difficulty taaE
resulted in bis dismissal.
considering all the circu instances.
you committee are satisfied that a great
wrong has been done a meritorious sol-
dier, who as risen superior to his mis-
unes, as evidenced by his honorable
career in civil life since leaving the army.
Your Com nittee, therefore, believing
this to be a case of great hardship. are of
opinion that only a full restoration to the
rights. honors aud ranks which he would
now enjoy had he remained in the army
will do justlce to the C Sc.
"He wouI now RANK as captain in the
Twenty-second Infanty from June Q,
1889, that being the date of the com uls-
sion BOW held by Captain Beuj. @. Lock
wood. Twenty second Infantry, the
officer who was next to him in line of
promotions at time OF di- mIssai.h
| may add here thai General 81 anley is
now Governor of the Sol iers' Home
here I'M takes great Interest iu the .se.
WANSER CLUBS RAFFLE
Sunday night at the headquarters of the
Wanser Club the members of tue organization
put up at chance their standard bearers pic
- t-1-H - NJ Er4-%- a.