Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-20
MAI. WORTH RESTORED TO DUTY. |
Gen. Brooke Approves the Findings
OF the Omaha COurt-Martial.

WeDs 06OOkG approves the F1m01n8o
OF the Omaha Court-Martial.
Maj. william 8. Worth, second United
States infantry, who was tried by court
martial for ordering Pvt. CedarQuist to en-
gage in rife practice on Sunday. and whose
honorable acquittal was announced exclu-
sively in The Star, has been restored to duty
by Gen. Brooke's approval of the findings Of
the court The case will not require action
by the War Department, but in the ordi-
rary routine of military affairs the depart
ment. and. through 1t. the President. will
be officially advised of the disposition Of
the case. The President is naturally in
terested in this case for the reason that
the court-martial was Instituted by his d.
rection
The grounds upon which the court based
Its verdict Of not guilty are fully outlined
IN the argument Of Judge H. J. Davis, coun-
OF the case Maj. Worth was charged simply
with q violation of the order Of President
Lincoln, OF 1862, and his guilt depended
Cpon the solution of the questions: First.
did ne give the order for Sunday practice?
and second. was that practice in violation
OF the order Of President Lincoln? As to
the first question it was admitted that the
order was given by Mai Worth. As to the
second question, before the court could find
Maj. Worth guilty It must determine from
the evidence beyond a reasonable doubt
tnat the order given by the accused was in
violation OF the order of President Lincoln.
Judge Davis contended that there had been
no violation Of the Presidents order That
oruer enJoins upon the army that ii shall
TeIrain from all labor on the Sabbath day,
except such as Is strictly necessary. 1t
was Tor the court to determine whether the
target practice in question was such a
matter OF strict necessity. II the court
should SO decide. Judge Davis argued that
It could not convict Maj. Worth unless 1t
believed beyond a reasonable doubt that in
deciding this practice to be a matter of
necessity. Maj. Worth acted in bad faith
reason, he said. why the officer could not
be convicted, and that was because the
order OF President Lincoln was not in force
wheh the alleged offense was committed.
Inc counsel argued these points at great
length He argued that 1t was Maj. worth's
DUTY to have his battalion to go through
the regular ordered target practice, and
that he was the best Judge as to the ext
gencies requiring practice at the times
complained Of. He acted In good faith in
oesir1ng these men to catch I'D and get
such target practice as was necessary, be-
cause they might be called away al any
time He was called upon to exercise his
Judgment in the matter and II would not
only be Illogical, but 1t would also be illegal
10 say mat he had made mistake in the
necessary exercise of his Judgment. Judge
laws then undertook to show that the
order or President Lincoln had been practi-
cany imperative during the past thirty
mention
sucn an order In the rules and regulations
ior the government of the army published
IN 1888 10 his mind all orders and repula-
lions which had existed prior to that pub
Ication ana not included i'm ii had been re-
Tokeu- Ihere was not word in these regu-
iations, now the law of the army. about
lne apstention from work on Sunday. even
Were unnecessary. Judge Davis cited MANY
P,eceaehts to sustain his position, and
closed MS argument as follows:
great many Of you-all of YOU are
acquainted with the service of Mai. Worth.
with his standing in the army. with his
more than thirty years of service i'm the
army OF the country. He never has been
caIied upon to appear before a court-martial
pefore L believe that when this order of
PRESIDENT Lincoln's was issued he was
wnere the duties of his position did not
permit OF very much discussion as to
whether they should do any work on sun
gay or whether they should rest on SUNDAY
II may be that he was so busy down there
that ne never saw this order and never
Knew OF It's existence. / have the Rreatest
commence in appealing to a court of his
Drother officers. which is called upon here
10 decide upon this case, that he IL NOT
going 10 be convicted on this charge of dis
opedience to an order which has lain buried
IN the dust and rubbish for more than
thirty years. / believe that Won Will
promptly relieve him of any further feeling
OF mortihcation which the preferrinp az
Inese charges brings about / am very con-
ndent that to that feeling of mortification
you Will not add the humiliation of a find-
ing of guilty." Va . AAAo-