Omaha daily bee., 1895-09-29
MAJOR ARMIES BEFORE THE COURT.
Taken from the Arsenal by n Writ
of Habens Corpus.

OF Habens Corpus.
WASHINGTON, Sept. 2S.-The counsel for
Major Armies uthis afternoon presented a
writ OF habsas corpus to Judge Bradley Of
the District Of Columbia supreme court. The
papers state that both defendant and petit
toner are citizens Of the United States
and relates that the petitioner was arrested
and confined upon a legal order for no Of
Tense recognized by any law. The petit
toner prays that he may be brought into
court and the defendant made to show cause
why the petitioner should not be set free.
Judge Bradley ordered that the prisoner
be brought before him Immediately and a
deputy marshal was sent to the arsenal.
General Schofeld said today that he re-
GREETED exceedingly having been forced to
take the action he did yesterday in the
case of Major Armes, but being acting Sec
retary of war at the time he felt obliged
to order his arrest solely in the interest of
military discipline, and without regard to
personal consideration. II he had not been
acting as assistant secretary of war he
said, he would have ignored the incident al
together. General Schofeld said 1t was far
from his purpose to do an unkind act to
anyone on the eve Of his retirement but he
was forced to in the present. He did
not purpose, however to do anything further
In the premises, leaving the case entirely in
the hands of Secretary Lamont, who will
return to the city this evening or tomor-
row. The facts in the case will be laid be-
era Schofeld says he will make no formal
charges against Major Armes. He said he
| had always been friendly toward the latter
| and did not understand his enmity
| 1t is said at the War department that
! Major Armes will remain In confinement un-
| til his case is disposed Of by Secretary La
mont, unless his release is ordered by the
civil courts on a writ of habeas corpus. Any
| process of the civil courts in this case will
| be Immediately respected. No attempt will
| be made to resist order for the release of
| the prisoner in case it should issue.
Under the regulations of the army the
| charges against Major Armes if any are
made, must be filed within eight days from
the time of his arrest, and he must be
| brought to trial within ten days from the
| date of filing Of charges. In case no charges
are made against him, and he is not brought
to trial. he must be released at the expiration
| OF thirty days after the ten days limit for
the trial, or at the expiration of forty days
| from the date on which he should have
| been brought to trial.
In some cases this mode of punishm mt has
| been practiced the offender simply being CON
| fined for the forty day limit without trial.
CLOSE" or Limited" II Limited" the prs-
oner may be given the freedom of the post
in which he is confined, adjacent to the post
| or even the state or territory in which the
post is located. The conditions of imprison-
| ment are regulated by the secretary of war
UP to the present time, no charges have
been filed against Major Armes, and Cen
eral Schofeld disclaims any such intention
The latter ordered Armes under arrest be-
cause of insubordination, and will simply re-
fer the Questionable letter written to him
, to the secretary of war without recommenda.
tion or commentI leaving the latter entirely
free to act as he deems advisable