St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-01-12
RAKES THE CAPTAIN.
The End OF an Interesting Court
Martial at Assinni-
boine.
Gca. Merritt Thinks the Officer
Got Off Very
Lightly.

Gen. Merritt, commanding the depart
ment OF Dakota, has just reviewed the
findings Of court martial at Fort AS
very just rebuke to Capt. Charles &.
Ayres, OF the Tenth cavalry. who was
found guilty. The case was very Pc
culiar one, and has attracted much
attention i'll army circles. Capt. AyreS
was charged with numerous offenses,
including the following: SANDER
ing Maj. Myles Moylan, Tenth cav
airy; misappropriating lot of hay and
feed to his own benefit: appointing GER
tain privates to the position of troop
clerks Tor the purpose of using them as
servants III his households; writing re-
tlecting letters to the department head
quarters: writing letters rejecting upon
the members of a garrison court mar
tial, and conduct generally unbecOming
an officer and gentleman. The court
martial evidently WhltewaShed the
captain to certain extent, as 1t found
him guilty Of most Of the charges, but
acquitted him of any intent to deceive.
However,it found him guilty Of conduct
prtjudicial to the good OF the service,
and sentenced him to be reprlmanded i'll
general orders.
In reviewing the case, Gen. Merritt
approves the findings and reads the
riot act to Capt. AyreS as follows:
The sentence in the foregoing case
of Capt. Charles &. Ayres, Tenth cav
airy, is approved, with the remark that
Capt. Ayres has reason to congratulate
himself that in awarding the sentence,
as i'll coming to its findings, the court
hoo
The reasoning by which the court
reached an acquittal upon the charge
laid under the siXtietn Article of War is
not clear. The evidence produced by
the defense shows that the otfenSe was
committed, but seeks to excuse it by
appealing to Il spurious something mis-
called a custom Of the service. A GUS
tom of the service cannot exist in viola
ton of statute law, and the appeal of Capt
AyreS in his written defense TO an
alleged custom in justification of feed
ing cattle the forage OF the government
and reporting an enlisted man on public
duty when he was notoriouSly perform
ing personal service for the accused,
cannot be passed over without rebuke.
Such plea is an unwarranted aSper-
sion on the character Of army officers in
general who deSeryedly have the reputa-
ton of possessing the highest sense of
honor.
Notwithstanding their leniency, the
findings OF the court constitute repri
mand that should be more conducive
of good results to the service
than any cenSure within the power
of any reviewing authority. 1t IS hoped
that Capt. Ayres will accept these find
ings as they must be regarded by the
army at large, and that no more will be
heard of practices which lacked in some
eases, in the opinion of the court, only
| the single element of evil intent to
make his expulsion from the service
| mandatory.
at is also remarked that the defense
set up, that part of the proceeds from
the improper use CT forage went to
| benefit the enlisted men, aggravateS
rather than mitigateS the Otfense. Capt.
Ayres would scarcely justify public
servant for peculation on the ground
that part of the iil-gotten gains was
| given to deserving people"