The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-10-06
OF CAPT. ARMIES
GENERAL sCHOFIELD PERMITTED
TO FILE AN AMENDED RETURN.
Contention Made by Counsel that n
able to Laws Of the Army.

WASHINGTON Oct. 5.-The case of
Capt. George A. Armes, retired, who was
arrested some days ago by order of Lieu
tenan General Schoield. acting Secretary
of War, came up to-day before Judge
Bradley, of the Supreme Court of the Dis
trict Of Columbia Soon after his arrest
the Captain was released on a writ of
habeas corpus, made returnable to-day.
When the case was called to-day counsel
for General Schofield asked permission to
file a return amendatory Of the original re-
turn already filed. This proposition was
combatted by Armes's counsel, but the
court decided to- allow the amended re-
turn to be filed subject to whatever ac-
ton he might see fit to take later in the
case. 1t was commended on behalf of Armes
that, as a retired officer of the army, he
was not Under the jurisdiction of General
Schoheld as acting Secretary of War. He
was, however. subject TO certain rules and
articles of war, but only such as applied
TO his condition as a retired Officer. In
this condition it was commended ne could
not be arrested for disrespect to his SUI
perior officer, for the reason that he had
no superior officer, and it was a perversion
of official duty to place him under arrest.
The article of war comforting power 10
oRRAta Jill " I'll tIC
list. Counsel also stated it as his opin-
ion that General Schofeld knew that the
arrest was irregular, and by his amended
return made an attempt to justify it on
the ground that the offense was a. military
one and had been committed in his pres
ence. The rigina return, II was said,
disclosed no causes for the arrest. and an
attempt had been made to remedy this
defect by offering an evas.ve and contra
dfctory return as an amendment. the fact
that no copy of the charges had been fur
nished Captain Armes, IL was asserted,
was a fatal defect, as the regulations spe-
officially state that copies of the charges
upon which an arrest is made must be
furnished within twenty-four hours after
the arrest, or the accused must be re-
leased. This regulation applied TO enlisted
men, and when, was asked, has the adj
ministration of military justice been more
tender to a private than to an officer? The
whole proceeding, as contended, was
irregular and did Captain Armes a griev-
Chief Clerk Morrison, of the office of the
Judge Acknowledgement of the army. re-
piled ON behalf of General Schofield. He
maintained that Captain Armes is a mem
Der of the military establishment of the
United States and that he had been pro-
ceeded against strictly according to the ar
ticles of war. Retired officers of the army
were subject to the same regulations in
this regard as those on the active list.
he contended there was no dimerenee or
by. courts-martial proceedings because an
officer happened to be on the active or
on the retired list. The latter held prac-
tically the same relation to the army as
an officer on the active list enjoying a
leave of absence. Mr.. Morrison, speaking
on the legality of the arrest, said an arrest
was always the first step in military pro-
ceedings, preceding in practically all cases
the making of formal charges AS to the
giving of to Armes of the
charges against him. Ii was sufficient that
he had been informed of them within eight
days, the military differing from the civil
practice in this matter. Mr.. Armes had
been insubordinate.
After further argument the court ad-
journed without a conclusion having been
reached by 1t. Judge Bradley announcing
that he would take the case under advise
ment and would render his decision on
Thursday next. Meanwhile Captain Armes
is out on his personal recognizance to APP
pear when wanted.