Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-08-14
MAJ.WORTH'SC OURTMARTlAL
The Question of Rife Practice on Sun
day.
Did He Violate Army Regulations in
requiring It:-Areument on the
Case mt Fort Omaha.

A special dispatch TO The Evening Star
from Omaha, Neb., dated August a. SAYS
Major Worth's court convened at Fort
Omaha yesterday. The members were all
in full dress. and all of them, having served
through the rebellion. as well as I'm the
more recent campaigns against Indians
Were well qualified to sit in Judgment upon
the question at issue, which is practically
was Major Worth's action in or,ierlna
seven or eight men TO engage in target
practice on Sunday, so as to catch up with
the rest of the men of the battalion, an
error of judgment or not?
Durlng the morning all the evidence was
In, and showed conclusiveIy that as only
certain kinds of target practice could take
pdce on the range or the same day If
thc'e men dld not catch up while the re-
nalnder OF the battalion was al rest the
~neie target practice would be DELAYED n
Icing necessary that individual praciice
nU pe entirely completed before the
Corrective practice should commence
IL was shown that the practice ,pas uahlo
80 80 pe interrupted at any moment by the
.ioops Dehg sent into the field against
:. lDh.cnweaiers and strikers which might
pe'eht Ihe completion of the work during
Ihe season. A portion of the regiment NO
a a, under waiting orders to take tha
neld' ana IL was reasonable to suppose thar
cailaS i ,s,. 70 the rife camp might be
r
flson the post of Fort Omaha. The mon
VINO Were Ordered to shoot had been de-
ealhea m the post on duty or had been
SICK preventing the regular practice
me charge anG specifications against the
major read as follows: 'e
Charge-Disobedience of orders, in viola
ton of the cd article of war
Specihcati On-ln that Mai VIM 6 Worth
second infantry, being IN command of the
camp OF battalion OF tae second Infantry
qld, IN violation of the order of Presid ent
Lncoin OF November n. 1852. order and
require certain enlisted men of his COM
nland to engage Ia target practice on Sun
day. All this at Bellevue rife range. Ne
bI&ska- on or about the 18th day of June
1894,
To which Maj. Worth pleaded not guilty.
judge Herbert ]. Davis of the Omaha bar
ana Capt. NJ. W. Day, ninth cavalry were
counsel for the accused
After the plea Capt. Baird read and placed
In evidence the order of President Lin
coin OF November IL, 1SG2, and that of
President Harrison of 1892 which forbid
the old Sunday Inspection of troops under
arms.
Lieuts. Bookmiiler and Wright were wit
nesses for the prosecution, testifying to the
actual order given and to the fact that the
battalion was not then under orders FOR tha
field
After their testimony and the admission of
the defense that the soldiers actually did
IRE on Sunday, the judge advocate placed
in evidence the departments order aliottfnr
the time for practice, and the prosecution
rested.
Col Bates. second Infantry. was called as
witness for the defense and testified that
Maj. Worth was warranted in expeiitinc
matters, so that his troops should be ready
Tor field service, as was subsequently shown
by some of them being ordered to Montana
during the strike.
Judge Davis then introduced the order of
President Cleveland directing the release OF
Private Cedarquist and trial of Mai. Worth.
and rested.
The judge advocate then waived the open-
ing OF argument, and Judge Davis made an
address, taking the position, first, that the
order was necessity. quoting from a de-
cision OF Chief Justice Thurman of Ohio
date SENATOR; second, that an officer hay-
ing discretionary powers given him is NOT
liable FOR an error Of judgment while act
ing In good faith. wfthotN malice: and
third, that the order of Lincoln was obso-
lete as shown by its being left out of the
army regulations OF 1sss, which are shown
oy the preface to contain all orders which
snail be in force after that date
After an hours adjournment for lunch
capt Baird made an earnest reply. calling
the attention of the court 20 the fact thar
target practice could well have waited n
necessary until after the riots had ended
ana TO the Importance which Presidents
Lincoln and Harrison had alta he,i TO their
orders Tor the proper observance of Sunday
Inc court closed az . O'clock and came 70
a nndng shortly afterward