The evening world., 1894-04-26
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 history of the
National Guard organization. the ques-
ton OF a m%ilitiaman's right to refuse to
attend a religious service or to partici-
pate in a 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
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 co~urt-martialled. The order for
the court-ma: tiai was issued late last
night by Major Denis Mccarthy. Pres
ident Of the Delinquency Board.
me alleged Offenders, all OF whom are
master-Sergt. John +. Johnson, Corpl:
Corpl. Edward NJ. Maher.. With the ex-
Catholics. to which church a majority
of the battalion belongs.
The men. who are backed up by
nearly nenyy every m of their E1m ~
and that the persecution Is really a
continuation OF the hight between the
Dufy-Moran factions, which led to the
old regiment beng
The charge upon which they Will have
to face a court-martial tomorrow night
Is that they failed to turn out In parade
with the battalion on st. Patrick's day. ,
that the parade In question was nothing
more tina a walk from the armory
to st. Patrick's Cathedral. where ser
Vices were held. and then back again:
| They an that In every 90 60 of the word
word 1t was purely a religious observ-
ance, and that their failure to par
ticipate in 1t was not a breach OF mill
tary rules. but that on the contrary
the breach consists in charging them
with the offens
Sergt. ohnso If one OF the best
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
vigorous manner, and said 1t was an
Sntrag r., to bring such = charge aEainsi
root of religious liberty. which was
guaranteed by the Federal Constitution
al have to say Major Mccarthy
is credited with having said. 'is, II
get you before me l Will fine you the
parade"
JoiiIlsOn t1tu Waue tne claim ina 1T
any event the Major could not sit on the
court-martial as he was ~prejudiced. A
long w~rangle followed and the mer
gathered around and Endorsed all that
the Sergeant said. The latter feels par
been charged with any ofYense.
pen, Louis Fitzgerald declined THU
morning to express any opinion as to tn
merits of the case.
you, efrhand, a legal opinion" he said
but l am conside ring the propriety O
the case. This Is the frst time such
question has been raised. and II is full
of interest to National Guardsmen.
ut murt come before me officially
and l will have to p ,ss upon It. For tina
reason ! do not care to discuss II now
In any event I do not think II right L
anticipate the result Of the court-mar
tial."
So far as Dickinson Is concerned. tn,
general opinion seems to he that he ha
a clear case, as not being n Catholic h,
had no right to be ordered to parade a
all to a Catholic church. Tha 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, bu
that officer gave little comfort beyonC
saying that the court-martial shout,
proceed, and Major Duffy hides his owl
views on the situatlon.