Evening star., 1895-10-10

fnement were not by the order of Gen.
schof1eld as lieutenant general, but were
py his order as acting secretary Of war,
therefore by the order of the President,
and that the President is the commanding
officer of the petitioner, although without
power to assign him to any duty, vet it
does appear that the petitioner, living
quietly at his residence in this District
having no barracks tent, but found
within his quarters if he can be said to
have quarters, in violation of army regula-
tion No. 991, which prescribes the manner
in which arrest and confinement may be
imposed. and in violation of article No. Is,
without the existence of the slightest neces-
sity for either arrest or confinement, or
any occasion therefor except the gratifica-
tion of personal feeling that apparently
taken into custody by an officer with a file
OF soldiers and carried to Washington bar
racks under the order which required him
to be held in close arrest under guard. if
necessary.
IF he were liable at all to arrest and
confinement, the only arrest and confine-
ment that could be lawfully imposed would
be such as is prescribed by the article Of
war and the reg llations quoted.
Regulation No. 992, providing for larger
limits than the tent, or quarters, in the
discretion of the commanding officer in
case of arrest. uses this language: Close
confinement will not be enforced except in
cs ses of serious nature
Under the caption. Military Discipline,
regulations Nos. 2 and 3 appear worthy of
quotation in this connection:
2. Military authority will be exercised
with firmness. kindness and justice. Pun
ishments must conform to law. and follow
the offense as promptly as circumstances es
will permit.
".3 Superiors are forbidden to injure
these under them by tyrannical or ca.
PRECIOUS conduct, or by abusive language.
Being of opinion that the arrest and
taking Of the petitioner into custody, car
rying him away from his home quarters to
barracks not his own, and holding him In
close arrest without any antecedent charge
of crime preferred in any way against him.
was and Is unjust, unlawful, arbitrary. ty-
rannicar and capricious' on the part of
Cen Sehofield in whatever capacity he act
ed, whether acting as lieutenant general OF,
acting as acting secretary of war. and that
the petitioner Is entitled to be discnargeu'
it is so ordered"
Major Armes Declines to Talk.
When Maj Armes was visited by a Star
reporter this afternoon subsequent to the
rendering of Judge Bradley's decision he
was disinclined to talk on the subject.
"I believe it would, be much better for
me to say nothing at this time." he re-
marked. My letter to Gen. Schofield set
forth the reasons for his enmity to me, and
1 have no more to say on that subject
Neither can I say whether the decision
will have any effect en- the course OF the
War Department authorities or not. l ex-
pected such a decision when began pro-
C edings in the civil courts I shall attend
to my business and the case will go on to
a final ending. But l don't care to talk
about it,
At the War Department..
The substance of Judge Bradley's deci-
sion in the Armes case was communicated
to Secretary Lamont and number of ar
my officials at the War Department this
afternoon by a Star reporter. The news
was received with mingled expressions of
surprise and incredulity. Secretary La
mont, as Is usual with him in all official
matters, refused to discuss the decision
one way or another, and following his
cautious example, all the army officers ap-
preached would talk only on condition that
their names were suppressed. One officer
in the department of military justice said
that the decision is great surprise and
may have an injurious effect in the main
tenance Of military discipline, especially
among army officers on the retired list.
He said that the department did not accept
the decision as conclusive or binding, and,
therefore, had appealed the case to the
District Court Of Appeals, in the firm be-
lief that that court would reverse Judge
Bradley's decision
Mai. Armes' Trial.
1t Is pretty well settled that Major Armes
will be ordered before a court-martial for
trial for his alleged insult and insubordna-
ton to Gen. Schofield while acting as Sec
retary of War, the charges for which are
conduct to 'the prejudice of good order
and military discipline" and conduct un-
becoming an officer and gentleman" \
conviction on this latter charge would rem
der him subject to dismissal from the army.
In case Of conviction on the former charge
ne could be sentenced to period of sus-
pension and to a reprimand in general or
ders. The charges already fled against
Major A1mes are signed by Capt. T. A.
Bliss of the subsistence department. former
ly on Gen. Schofleld's staff. The court
martial, If ordered, will be appointed by the
Secretary of War as the representative OF
the President and not by the general COM
man1ing the army as was at first sup
posed
There Is no apparent Indication of
abandonment of court-martial proceedings
in consequence of today's action by the
civil court. Although cot yet settled, 1t Is
more han probabla however, that 10 fur
ther action will be -aken by the military
authorities In this case until after 1t snail
have been fully passed upon by the Dis
the War Department, Judge Bradley de-
eided merely that Major Armes was not
subject to arrest N the manner pursued,
and rot that an officer on the retired list
was not amenable to trial and punishment
for violation OF the articles OF war.
Arrest of Retired Officers.
The ruling that an officer on the retired
list could not be arrested for any offense
not involving punishment by Imprisonment
or death is not understood as inhibiting
the trial of such an officer for minor in
fractions of military regulations. 1t mere
ly holds, in other words, that the actual
presence of the accused officer under ar
rest is not an essential feature of his trial
on proper charges
If Judge Bradley's decision shall be sus-
tained General Schofield's action IN causing
the arrest of Major Armes may prove
Sc erious to him, inasmuch as 1t is generally
understood that Major Armes proposes to
sue him to the amount of $4,000 for false
arrest and Imprisonment.
Indictments and Charges Ignored.
The grand jury this afternoon returned
the. following indictments: John Moore,
larceny; Harry Wainwright. do: Thomas
Nelson, alias Nelson. do: Lloyd G. Thomas.
oil o1io