The evening world., 1894-04-26
REFUSED TO PARAD1
-Four Officers Of the si1ty-ninth
BE Tried by Court Martial.
They Would Not Attend Mass
St. Patrick's Day.
Similar Case Unknown in Nation
Guard History.

For the first time in the historv ~ 81
National Guard organization, the ons
ton Of a militiaman's right to refuse
attend a religious service or to partid
pate in a parade intended to OBSERVE
religious festival will be officially n
quired into tomorrow night.
1t Is the first time the question
religion In any shape or form has bsl
allowed to become a subject of deba
or strife, and National Guardsmen. nj
only in this city but all over the stst
are a~nxious.y awaiting the outcome.
| The investigation will take place J
the armory of the Sixty-nith Battalio1
where -four non-commissioned Officer
will be court-martialed. The order n
the court-mactial was issued late M
night by Major Denis Mccarthy, Pre-
ident Of the Delinquency Board.
The alleged Offenders, all of whom aI
attached to Company ID, are Quartz
masteT,sergt. John. j. johnson, Corp
Corpl. Edward NJ. Maher. With the ~
ception Of Dickinson. all are Roma
Catholics. TO- which church a majoria
Of the battalion. belongs.
nearly every memeber Of their con
pany. say they are being persecute]
and tina the persecution is really
continuation Of the fight between a
Duffy-Moran factions, which led to D
old Regiment being disbanded.
The cnarge upon which they will haJ
to face a court-martial tomorrow nigh
Is that they failed to turn out In parad
with the battalion on st. Patrick's Day
The alleged culprits TAKE the star
that the parade in question was nothi1
more than a walk from the armoa
to st. Patrick's Cathedral, where se]
vices were held. and then back agail
They say that In evry sense Of u
S WSrd 1t sn Sas tb Pare tgei a religious a,ISps =, ob' s.!
ticipate in 1t was not a breach Of mill
tary rules, but that on the CONTRA
the breach consists in charging thel
with the offense.
known men in the Battalion. He vi
attached to the old regiment for year
and his son is also in the same compal
with him. Both were at the armo1
last night, and as soon as Major M
Carthy's order was made known, Sd
He denounced the Mayor in the MOI
vigorous manner, n said 1t was d
outrage to bring such a charge againl
him. The charge itself struck at u
guaranteed by the Federal CONSTITUTED
"All l have to say" Mayor McCafth
Is credited with having said, IFS, n
get you before me I will fine you IN
full penalty for refusing to u out 4
parade"
johnson then made the claim that
any event the Mayor could not sit on d
court-martial as he was prejudiced.
long wrangle followed and the M
gathered around and Endorsed all m
the sergeant said. The latter feels I'd
ticularly sore, as he has never befd
been charged with n offence.
Gen. Louis Fitzgerald declined y
morning to express any opinion as to
merits Of the case.
ut Is not that I am not able to q
you. offhand. a legal opinion" he sd
but l am considering the propriety
the case. This is the first time sucl
question has been raised, and II Is
Of interest to National Guardsmen.
1T murt come before me oflcia)
reason I do not care to discuss int nd
In any event I do not think 1t right
anticipate the result of the court-m
tial."
So far as Dickinson is concerned.
general opinion seems to be that he \
a clear case. as not being a Catholic
had no right to be ordered to parade
holds good in the Regular Army as VI
as h National Guard.
In case the court finds against \
men tomorrow night, the latter will
once bring it before the Supreme Cot
on h ground that religious liberty
johnson has already seen Major Dud
the senior officer of the Battalion. y
hat officer gave little comfort beyo|
saying that the court martial shoq
proceed. and Major Duffy hides his on
views on the situation.