Evening star., 1895-10-10

was universally approved. Upon the con-
clusion of the opinion Judge Bradley signed
an order releasing Maj. Armes from the
custody of the military authorities and
from his personal reccgniZance in the sum
of $500. Then, Mr.. ]. n. Morrison. the legal
representative Of the military authorities.
noted an appeal TO the Court of Appeals,
Judge Bradley fixing the appeal bond at
Sio0. 1t is understood that in the event Of
Judge Bradley being sustained by the Court
of Appeals coui sci for the military author
tiles will then note an appeal to tine United
States Supreme CURT.
The opinion OF Judge Bradley, giving a
full statement of the case. was follows:
The Opinion in Full.
Upon the petition under oath. of George
A. Armes, complaining that he had been
placed under arrest when living quietly at
his home in the District of Columbia, with
out any warrant of law, or any statement
of the ca, Sc of his arrest being made to
him. and that he had been conducted by
file of soldiers to the arsenal at Washing
ton and placed in the custody of Henry
Whitney Crosson, a colonel in the army Of
the United States; that he had committed
| no cffense known to any law. and that the
only excuse for his confinement alleged is
a certain order. in writing. as follows:
WAR DEPARTMENT,
"ADJUTANT GENERALS OFFICE,
WASHINGTON, ID. c., Sept. %, 1885.
ITO the Commanding Officer Washington
Barracks. Washington, d. c.:
of war. you will arrest Capt. George A.
Armes, U. s. A., retired, and hold him in
close arrest, under guard if necessary, at
Washington barracks until further orders.
Respectfully
(signed) THOMAS NJ VINCENT,
Assistant Adjutant General
THE writ of habeas corpus was directed
to ISSUE returnable forthwith.
THE petitioner was produced in obedi-
ence to the writ, with a brief return ty
Col. Crosson. to the effect that the petit
| toner is a captain in the United States ar
my, retired, and that he held him by virtue
of the order of the Secretary Of War, re-
ferred to in the petition, and under section
1256 of the Revised Statutes of the United
States, subjecting retired officers to the
rules and articles of war.
Upon the request of the petitioner. the
9Th day of October, 1895, was set for the
hearing of the cause. On that day an
made to appear that on the 9th day Of
September, 1875. the day before the issu-
aEce of the writ in this matter. the petit
ticner being retired captain of cavalry in
the United States army, and John NJ. Scho-
field being lieutenant general and the gen.
eral commanding that army, and also on
that day acting secretary of war, the petit
toner sought an interview with the lieu
tenant general at the room in the State,
War and Navy building used as the public
Office of the lieutenant general, and being
denied audience, delivered to a messenger q
letter addressed to Gen. John NJ Schofield.
U. S. A. the letter being set out at length
in the amended return; that said Schofield,
on receiving said letter. forthwith read the
same, and on reading it he (Schofield), as
acting secretary of war, deemed him. the
said Armes to have committed in his Cthe
said Schofield's) presence, and within the
personal knowledge of him tthe said Scho-
field, as acting secretary of war, a grave
military offense:' that such act, in his
opinion, was highly insubordinate and un-
military, and to the prejudice of good Or
der and military discipline, as well as con-
duct unbecoming an officer and a gentle
man.; that in order TO bring said Arme3 to
trial before cou"t-martial for the offense,
and due ar0 regular preliminary pro-
ce"ding, the order for tne arrest and the
arrest were made the sa'ne 0ay; that while
un der close arrest q Washington barracks
he was subIectedto the .am" tire atment as
officers under arrest und.r the G5th article
of war usually receive: shat on the ID day
of October a copy of charges and specifica-
items of tie military c'fen.es mentioned
had been served upon tbn petitioner by or
der of the Secretary of v ar.
Does it appear by the return in fhs
matter that the petitioner is lawfully re-
strained of his liberty? III not he is enti-
tied to be discharged.
Rules That De Rot Apply.
1.-The petitioner is retired officer, and as
such, by section 1856 of the Revised Stat
utes of the United States, he is subject to
the rules and articles of war, and to trial
by general court-martial for any breach
thereof These rules and articles of war
are not all applicable to retired officer,
and, necessarily, the recited provision af
statute should be interpreted as IL 1t read.
Retired officers shall be subjected to such
rules and articles of war as apply to their
ccrditon.' His status is fixed by sections
1855, 1256, 1853 and 1874 Of the Revised
Statutes of the United States. BY section
1255 he is retired from active service, and
withdrawn from command and from the
line Of promotion; by section 12o6 he Is en-