The San Francisco call., 1895-12-02
Orders Revoking the Finding of
a Court.Martial Create a
Furor.
vERGING UPON DISSOLUTION.
Militia Circles Aroused Over the Re.
instatement of Men Guilty of
Insubordination.

PHOENIX, ARIz., Dec. 1.-The order is
sued by Governor l.. c. Hughes during
the past week, in which, by virtue of the
authority conferred upon him as comman-
der-in-chief of the National Guard of Ari-
zona, he entirely revokes the action of
court-martial convened by the adjutant-
general, and sustains two officers and
private who were found guilty of gross in
subordination at Tucson on July of this
year, is being carried into effect. 1t is Gre
ating the greatest kind of excitement in
National Guard circles of Arizona, it being
freely admitted on all sides that his action
threatens the complete dissolution of this
arm of the National Guard service. The
commissioned officers are talking of re-
signing in body, and privates are dis
cussing the probability of their being mus
tered ou:.
The facts in the case show that on July
4 of this year Captain ]. NJ. Traver (Com-
pany F.. Lieutenant d. L. Hughes (the
Governors nephew, by the way, Company
d. and Private Robert Brophy, all of the
First Regiment, \. G. A., were guilty of
fragrant disobedience of orders and un-
pardonable breach of discipline. From
the evidence adduced at the courtmartial,
something which has never been made
public, but which has been secured in this
instance, and in this instance only, it ap-
pears that Company F, Captain Trayer's
command, had agreed between themselves
to march at the head of the parade or not
march at all.
Tie military code of Arizona requires
that all companies, \. G. A, parade twice
year-on Washington's Birthday and In
dependence Day. When the divisions of the
parade were assigned their places at Tue
son on the latter date of this year, it hap
pened that those in charge deemed it ad-
vlsable to assign the bicycle division the
place at the head of the line, the two COM
panies already mentioned being assigned
positions directly behind. This angered
the men, and when Colonel J. H. Martin
ordered Forward, march," Captain
Trayer extended his sword in front of his
command, and the entire command re-
fused to obey. This kept the rest of the
parade waiting, seeing which, the bicycle
division returned. Colonel Martin again
gave the order, Forward, marchr ~ and
again Captain Traver drew his sword and
extended it in front of his command.
Colonel Martin then ordered Lieutenant
Hughes of Company D to place Captain
Trayer under arrest. Lieutenant Hughes
refused and Private Brophy of his COM
pany commented in an audible tone of
voice, That's right" Colonel Martin
proceeded TO the head of the procession
and for third time ordered a forward.
This time the column moved on, leaving
the two officers standing in the road. All
of this occurred in the presence of the
thousands of people who had gathered
there to participate in the celebration.
When the companies returned to their
barracks the men gathered around their
officers, who were supposed to be under ar
iest, and cheered them repeatedly.
Colonel Martin was little late in arriv-
mg, but when he appeared the men
cheered their officers again. This is char
acteriZed by those high in authority and
who are now discussing the case as gross
msubordination, if not actual mutiny.
Colonel Martin, having no alternative,
reported the days proceedings to the
adiutant-general, who in turn reported to
himself as standing in the place of the
ommander-in-chief, Governor Hughes,
Who was absent at the time, and took i'm
mediate action by ordering Major r.
Allyn Lewis. acting inspector general, to
make an investigation. Major Lewis pro-
;eeded Immediately to Tucson, and, dis
covering the facts to be as already related,
'eported them to Adjutant- General Ed
yard Schwartz, who issued general orders
irst reducing all on-commissioned off,
:ers of Company who were present for
tuty on that date to the ranks and dis
charging them, together with all the en-
listed men who were present for duty in
hat company. Adiutant-General Schwartz
low states that he would never have acted
n the premises had he not had authority
rom the Governor to do so.
By the same order Colonel Martin was
Empowered to see that its provisions were
1ecuted. Complying with this order
COLONEL Martin discharged the first SER
cant. three sergeants, five corporals and
wenty-six men, reporting his action to
he Adiutant-General's office.
Upon receiving this report General
Schwartz issued orders. calling a court
martial OF three majors-one of whom,
{. Allen Lewis, was Judge Advocate
hree captains and four first lieutenants,
Fhich convened ct Tucson, July Is, 1895
Before this court Captain Thayer appeared
nd, although it is claimed he had an
bundance of time to prepare his case,
sked for continuance, which was re-
used. The accused then pleaded guilty,
Ihereupou. the court martial found them
guilty of gross insubordination, if not
ctual mutiny," and sentenced them to be
ishonorably dismissed from the service
nd confined for period of five DAYS in
be Pima County Jail.
AS provided by the military code of Ari-
ona, these proceedings were sealed and
tansmitted to the Governor for review
nd final adjudication. After postpone
lent OF nearly five months be has finally
aken action. The findings of the court
lartial, however, have never been pub
shed and to this day the men know moth
ig of what occurred at the time nor how
ne accused pleaded.
What causes led the Governor to decide
the way he has are not known. Some
~ that Mrs. Hughes, his wife. had good
cal to do with it, since it is well known
lat her influence is felt in the executive
fhce Certain people claim that Captain
M. Trayer knows of some actions which
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