The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-04-26
REFUSED TO PARADE.
Four Officers Of the si1ty-ninth to
Be Tried by Court-Martial.
They Would Not Attend Mass on
St. Patrick's Day.
Similar Case Unknown in National
Guard History.

For the first time in the history OF the
National Guard organization. the ques-
ton OF a militiamans right TO refuse to
attend a religious service or to partici-
pate In q parade intended to observe a
religious festival will be officially in
CURED into tomorrow night.
1t is the first time the question OF
religion In any shape or form has been
allowed to become a subject OF debate
or strife, and National Guardsmen. not
only In this city but all over the State,
are anxious,y awaiting the outcome.
The investigation will take place at
the armory of the Sixty-ninth Battalion.
where four non commissioned officers
will be court-martialled. The order for
the court-ma- tial was issued late last
night by Major Denis Mccarthy. Pres
ldent OF the Delinquency Board.
The alleged Offenders. all Of whom are
attached to Company, D, are Quarter n,
Corpl. Edward N. Maher. With the ex.
ception OF Dickinson. all are Roman
Catholics. to which church q majority
OF the battalion belongs.
The men. who are backed up by
nearly every member OF their COM
pany. say they are being prosecuted
and that the persecution Is really a
Duffy Moran factions, which led to the
old reg being disbanded.
The charge upon which they VIII have
Is that they failed to turn out in parade
with the battalion on St. Patrick's day.
The alleged culprits take the stand
that the parade In question was nothing
to st. Patricks Cathedral, where ser
vices were held. and then back again
They say that in every sense OF the word
wSra 1t n va; b pareS rsfS ps to- ss
ticipate in 1t was not a breach of mill
tary rules. but that on the contrary
the breach consists in charging them
Sergt. johnson Is one Of the bes,
known men In the battalion. He was
| attached to the old regiment for years
and his son Is also in the same company
last night, and as soon as Major Nc.
Carthy's order was made known. Sergt
johnson started for him.
He denounced the Major in the most
vigorous manner. and said 1t was ar
outrage to bring such a charge against
him. The charge itself struck at tn,
root Of religious liberty. which wat
"Aii / have re- to e"s say" MA Major Mecarth,
| Is credited with having said, sis. II
get you before me ! will fine you the
full penalty for refusing to turn out on
johnson then made the. claim that II
any event the Major could not sit on tn,
court-martial as he was prejudiced. A
| long wrangle followed and the mel
| gathered around and Endorsed all tina
the Sergeant said. The latter feels par
ticularly sore. as he has never befoi,
been charged with any offense.
Gen. Louis Fitzgerald declined thi
morning to express any opinion as to tn
merits OF the case.
at is not that I am not able to Civ
you. offhand, a legal opinion" he said
but l am considering the propriety o
| the case. This is the first time such
question has been raised. and II is full
Of interest to National Guardsmen.
| 1T murt come before me officially
and Will have to p ,ss upon II. For tina
| reason / do not care to discuss II now
In any event ! do not think II right Il
anticipate the result Of the court-mar
| tial"
So far as Dickinson Is concerned, tn,
| general opinion seems to be that he ha
| clear case. as not being n Catholic h,
| had no right to be ordered to parade a
all to Catholic church. That rul,
holds good In the Regular Army as wei
as the National Guard.
In case the court finds against tn,
men Tomorrow night, the latter will a
once take the matter before the suprem
Court on the ground that religious lib
erty Is attacked.
johnson has already seen Major Duffy
the senior officer Of the battalion, BIZ
| that officer gave little comfort beyon,
| saying that the court-martial shout,
proceed, and Major Duffy hides his owl
| views on the sltlIatiOn