St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-07-14
ARE THE TWO SOLDIERS WHO
AIDED IN ABDUCTING ms
STATE WARDS. bl
HAYNES is YET AT LARGE,
BUT HIS CAPTURE SEEMS ONLY
A QUESTION OF A SHORT
TIME. 81
VIOLET SAFELY BEHIND BARS.
Synopsis of the Law, Civil ard
Military, Which Bears on
the Case. o.

UP to a late hour last night no
word had been received at Fort
| Smelling indicating that Private E.
| Haynes, who deserted from the fort
| on Friday evening, escaping from
| the post guard while being taken to
| the guard house, had been cap
| tured. 1t may take several days to
get the missing man into. custody.
Haynes is a member of Company F,
! Third United States infantry, and
| is charged together with Private
Fred Violet, of Company B of the
same regiment, of being implicated
in the so-called abduction of two
girls from the reform school at Red
| Wing. The latter soldier is now in
custody at Lake City.
At army headquarters no official
| report of the affair had been re-
J ceived thus far, although the officers
were cognizant of the affair through
| the papers. But no action can be
| taken at headquarters until an Off
cial report is placed before the prop
er officers.
But both men are in a very serious
1.-The charge of abduction is a seri-
| Gus offenSe in the state of Mime
sofa. The statute provides that "a
| person who takes a female under
the age of sixteen years for i'm
| moral purposes, or without the con-
sent of her father, mother, guardian
or other person having legal charge
| of her person, or any person who
| shall 1nVeigle any unmarried female
under the age of twenty-five, 3
! shall be guilty of felony, and upon
conviction thereof shall be punished
by imprisonment in the state prison
not exceeding five years, or by a.
fine of not more than $1,000, or by
both"
The rulings of the courts, however
hold that force and violence are NOT
essential to a taking" It NAV be
accomplished by persuasion, entice-
| ment or device.
SINCHED TWO WAYS.
| 1t is well established rule of prac-
tice in the United States army not to
interfere with the civil authorities in
criminal offenses committed by members
OF the army. In this particular case
| jurisdiction is concurrent and the rule
OF military practice is to allow that
| authority to deal first with the offender
| winch establishes Jurisdiction first In
the case OF Violet, the civil authorities
| having made the arrest have acquired
primary jurisdiction and will have the
| right TO try the man first. Should the
| civil authorities secure the capture Of
Haynes they will also have the right
to try him before giving him up to the
| military authorities, although he
stands charged with desertion, in adj
dition to the other offense
The charge of abduction is not
classified as a military offense. But
the authorities can take proper cog
nizance of the same especially if a
conviction should be had in a civil
tribunal. The offense comes practi-
cally under the sixty-second article of
war which takes cognizance of all
offenses to the prejudice of good order
and military discipline. The punish
ment under this article of war is at the
discretion of the court and according
to the nature and degree Of offense.
The pun.s: inert for desertion is dis
honorable discharge, forfeiture of all
pay and allowances, and imprisonment
e'I MAJ idDOi, dCCOiullS 10 the length
of absence. But a primary conviction
or acquittal in a civil court does not
obviate a trial by court martial. This
point, while never definitely passed
upon by the highest court of the land.
has always been maintained by the
military authorities. 1t was very in
| t"rssting ONT in the well remember ed
Nancy court martial, at Fort Smelling.
where the offeEse was a capital one,
involving human life. Then the issue
was voted down by the court and sus-
tanned by Judge Nelson, of the United
States court, sitting in this city. So it
looks pretty dark for both men. The
state will prosecute them to the fullest
extent and then the military authori
ties will have an opportunity to deal
with them in accordance with their
degree of guilt.