The evening world., 1894-04-26
REFUSED TO PARADE.
Four Officers of the Si1ty-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 militiaman's right to refuse to
attend a religious service or to partici-
pate In Il parade intended to observe n
religious festival will be officially In
CURED INTO tomorrow night.
1t Is the first time the question OF
religion In any shape or form has been
allowed to become n 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 court-martialled. The order for
the court-ma-tial was Issued late last
night by Major Denis Mccarthy, Pres
ident Of the Delinquency Board.
| The alleged Offenders, all OF whom are
mqster,serst. John +. johnson, Corpl;
5SSoarppl fI9aSS GsrS G0 " Miner y. J; D WttR sse and end
ception of Dickinson. all are Roman
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,
n that the persecution liz really a
| OIltlnudtlOn bI tne lknt Dtt Wttn tle
Duny-Moran factions, which led to the
old regiment being ~disbanded.
The charge upon which they will have
to face a court-martial tomorrow night
Ii 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
to st. Patrick's Cathedral. where ser
vices were held. and then back again.
They say that In every sense or the word
word 1t was purely a religious obsery-
ticipate in It was not a breach OF mill
tary rules. but that on the contrary
the breach consists in charging them
Sergt. Johnson is one of the best
known men in the battalion. He was
attached to the old regiment for years.
n his son Is also In the same company
with him. Both were at the armory
last night, and as soon as Major Nc
Johnson started for him.
He denounced the Major in the most
vigorous manner. and said It was an
outrage to bring such a charge against
him. The charge itself struck at the
root 70 n OF Teligi9 Sn liberty whish was
All have to say Major Mccarthy
Is credited with having said. us. II I
get you before me ! will fine you the
parade"
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 Endorsed all thai
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 tht
merits OF the case.
1T Is not that ] am not able to givt
you. offhand. a legal opinion he said
out l am considering the propriety Of
the case. This is the first time such O
question has been raised. and II is full
OF Interest to National Guardsmen.
1T murt come before me officially
and l will have TO p iss upon It. For that
reason ! do not care to discuss II now,
In n event ] do not think II right Ia
anticipate the result Of the court-mar-
tial."
SO far as Dickinson is concerned. thu
general opinion seems to be that he ha
a clear case. as not being a Catholic he
had no right to be ordered to parade al
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 groun that religious lib.
erty Is attacked.
Johnson has already seen Major DUFFY
the senior officer OF the battalion, blu
that officer gave little comfort beyond
saying that the court-martial should
proceed, and Major Duffy hides his owr
views on the situation.