The evening world., 1894-04-26
REFUSED TO PARADE.
Four Officers Of the Sixty-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 histc.y OF the
National Guard organization, the ques-
ton OF a militiaman's right to refuse to
attend a religious service or to partici-
pate in n parade intended to observe a
religious festival will be officially in
quired into tomorrow night.
1t Is the first time the question OF
religion in any shape or form has been
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
ident OF the Delinquency Board.
ter-serst. John +. Johnson, Corpl.
John John Reach 6 Gorpl j. piSkinson on and
Catholics. to which church a 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
continuation OF the fight between the
Duffy Moran factions, which led to the
old regiment being disbanded.
The charge upon which they will have
to face court martial tomorrow night
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
more than walk from the armory
vices were held. and then back again.
They say that In every sense of the word
word 1t was purely religious observ-
ance, and that their failure to par
tary rules, but that on the contrary
the breach consists in charging them
with the offense.
Sergt. johnson IS one OF the best
known men in the battalion. He was
attached to the old regiment for years,
and his son Is also in the same company
with him. Both were at the armory
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
outrage to bring such a charge against
him. The charge itself struck at the
| root OF religious liberty. which was
sdys by the EeaeT
is credited with having said. 'is. II
get you before me I will fine you the
full penalty for refusing to turn out on
johnson then made the claim that In
any event the Major could not sit on the
court-martial as he was prejudiced. A
long wrangle followed and the men
gathered around and indorsed all that
the Sergeant said. The latter feels par
ticularly sore as he has never before
been charged with any offense.
Gen. Louis Fitzgerald declined this
| morning to express any opinion as to the
merits of the case.
1T is not that I am not able to give
you. offhand a legal opinion" he said
but / am considering the proprety OF
the case. This Is the first time such a
question has been raised. and II is full
| of interest to National Guardsmen.
1T murt come before me officiall lily,
and Will have TO p tss upon It. For that
reason j do not care to discuss II now.
| In any event do not think II right to
| anticipate the result OF the court-mar-
| tial."
So far as Dickinson Is concerned, the
general opinion seems to be that he has
clear case, as not being a Catholic he
had no right to be ordered to parade at
all to a Catholic church. That rule
| holds good In the Regular Army as well
as the National Guard.
In case the court finds against the
| men tomorrow night, the latter will at
once take the matter before the Supreme
Court on the ground that religious lib
erty Is attacked.
Johnson has already seen Major Duffy.
| the senior officer Of the battalion, but
| that officer gave little comfort beyond
| saying that the court martial should
proceed, and Major Duffy hides his own
views on the situation.