The Providence news. (Providence [R.I.]) 1891-1906, 1894-02-15

Hackett was held at Brigade headquarters
at o'clock last evening. The court con-
sisted of Gen. John @. Budlong, Lieut..
Col. H. B. Rose, Capt. William Ely, Capt.
William McGregor and Capt. jerome Fitz-
gerald. te
Col. Walter Stiness was Judge Advocate.
and Col. Cyrus M. Van Slyck appeared as
counsel for Capt. Hackett.
AS soon as the court was called TO order
considerable discussion was aroused as to
the authority of the court TO sit and pro-
nounce judgment in the third charge, and
when it was decided that the court had
the right the charges were read.
a. The Specifications. ,sn
Charge iviolation Of section ss Of chapter s5s Of
q the Public Statutes "Of the Militia"
Specification lin that Captain Bernard Hackett,
commanding Company II, Second Regiment
Infantry, X. J. NJ, did make up and transmit 10 his
superior oicer false and inaccurate returns In the
muster and payroll OF his company covering duty
said to have been performed at Scamp ID. Russell
Brown" during the month OF July, 1893, by Thomas
Devipe, christopher Flynn, George u. Dillon,
Charles II. Killilea and James r. Rafferty,.
Specification 2-In that he, Captain Bernard Hack
EFT, comm anding Company ", Second Regiment
lnfantry, r. i. NJ, having made up false and In
accurate muster and payroll OF his company for
duty said 20 have been performed at Scamp u.
Russell Brown" during the month Of July, 1885, did
falsely certify and swear TO the correctness OF said
roll with intent TO defaud the State TO the disgrace
!. and scandal OF the service.
Charge ,2-violation OF section ei OF chapter 25s
of the pubic statutes, "Of the Militia"
specihqftion lin that he, Captain Bernard
Hackett, commanding Company Il, Second Regi-
pent Infantry, r. ]. NJ, did fail in and neglect his
duty 10 keep proper and truthful records OF the
duty performed by the members OF his company
during the encampment nj "camp ID. Russell
Brown" July, 1898.
( Charge 3-Conduct unbecoming an oficer.
Specification lin that he, Capt Bernard Hack
EFT, commanding Company Il. Second Regiment
Infantry Nj. NJ, did transmit TO the Adiutant
General Of the State Of Rhode Isisnd letter OF
PLANTATION containing false statement in regard to
the muster and payroll OF his company for service
performed during the encampment at scamp ID.
Russell Brown" in July, 1898.
Colonel Van slyck then said that his
: client would plead not guilty to the third
specification and he asked that ii be
stricken out. He said that while he had
all due respect for the court he did not
think that they were competent TO decide
the intricate questions that would be
raised, and as court martials received their
jurisdiction from statute law only, the
court had noJurlsdiction over the charge.
The judge advocate said that the COM
mon law applied to the case IL the statute
law did not. The common law referred to
the conduct of an officer when not on
duty, and any officer who was guilty OF
unbecoming conduct could be punished
by court martial.
Colonel Van Slyck still persisted that
the court had no right to consider the
third charge. He said there was no COM
mon law that gave jurisdiction to court
martials, and IL the court found him guilty
OF the third charge he could find relief in
the civil courts which would instantly set
him at liberty and nullify all the decisions
of the court.
The court took the matter under con-
sideration and at last decided that it had
jurisdiction and would prefer the third
charge against the captain.
Captain Hackett refused to plead, how
ever, as he was afraid that it might injure
his rights IL he wished to prefer charge
after the trial.
Benjamin III. Pierce, who testified that
he hadseryed the charge and specifications
upon Captain Hackett, was the first wit
nees and he was followed by Adjutant
General Elisha Dyer.
General Dyer said that he had held the
position of paymaster general since 1882,
and had kept all the records in his Office.
He then produced the pay roll for July IL
to Is, 1893, and certifies to the signatures
of the officers through which they came.
Captain Hackett's name was signed to- the
roll.
General Dyer said that some changes had
been made since the papers first reached
his Office. Red lines had been drawn
through the names of Thomas Devine,
George Il. Dillon, Christopher Flynn,
Charles III. Killilea and James Il. Rafferty,.
The name OF Patrick Mullholland had been
added to the list and a number of the "p's"
signifying present" had been changed
to absent General Dyer said that the
papers had been returned to Captain
Hackett for correction.
He then produced letter to General
Kendall to show that the pay roll had
been returned with a memoranda of GER
tain discrepancies in pencil, a similar let
ter to Colonel Warfield and third letter
to show that the pay roll had finally been
sent to Captain Hackett.
Captain Hackett's letter to General
Dyer was then read. 1t was as follows:
Armory Co. f, ID Regiment Infantry.
Brigade X. I. NJ,
.E-t t Providence, Aug. 8, 1893
Brig. Gen. Elisha Dyer, Adiutant General state OF
Rhodo lsland.
sir-I have the honor 10 submit the following
statement in relation TO the arrears in the COM
pany's pay roll for the last enoampment.
For the past few years my pay rolls have been
made out before going 20 camp by one OF tho
company's clerks. This Is in accordance
with orders from headquarters, leaving the
p's and as and the pay blank Owing to dis
charge was. without clerk at the late camp.
Previous TO going into camp have always
made IL my business TO visit employers for the
purpose OF procuring leave OF absence for the
men. I did this year aud received assurance
that every man but one would be present for duty.
on Monday, preceding camp, made out tho muster
and pay rolls, leaving the ps and as and the pay
blank. Looking over the enlistment papers In
camp detailed the best writer in the company
new man, 10 complete my rolls for me. On Friday
evening made out a list OF those TO attend camp.
I placed an IA" under the name OF Reilly, who was
the only man who could not he present ~
camp placed the others absent, and opposite
their names marked according TO universal Gus
tom, the ditto marks signifying a. I watched the
man and showed him until the musicians were
reached, and then. the pay being al alike. left
him nj work and spent the evennx visiting some az
the officers. It was late when returned and I
immediately retired. Tsking the mans word that