Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-24

could not BE- present. were present I
stated to them that the proceedings Of
the court had been returned to me-
l then read to them the concluding por-
ton OF their proceedings, my letter Of
December ]. 1894. 10 you. Adjutant-Ge
raj Charles ]. Anderson's letter con-
taIning the decision OF the Governor,
and your letter OF December Z, 1894. to me.
stating to them that these papers were
read TO them In order that they might
have full information on this matter TO
that date. They were asked II they had
anything to say. Captain George Wayne
Anderson defined their position In an
argument, in which he attempted to sus-
tain the position OF the court as taken
In their proceedings OF the 9th Of Mo-
vcmber. 1894, and concluded his argu-
ment with the reiteration that they were
right. had done right. the Governors or
der Notwithstanding. and that he pro-
posed to abide the issue. stating TO this
erect that they must stand together,
and. IL necessary. get the Judge Advocate
General to defend them. and carry this
matter to the Supreme Court. l was
pressed by him, Captain Anderson, and
Captain G. Gray Bossieux to state what
In my opinion, they should do, what
action they should take. what ] intend
ion or offer any advice. None OF the
other field officers had anything to say.
The defiant attitude Of these officers to-
wards the Governors decision, your de-
cision, and my authority. prevented any
discussion or suggestions from me.
thus found myself confronted by condi-
ton OF things which demanded most
careful consideration before any action
could properly be taken.
THE EXISTING CONDITIONS.
Now, sir, what were these conditions?
They WERE as | understand them, hrst'
a court which had organized. ana ar
raigned an enlisted man. accused OF
military crime the accused offers no OBJ
jections to the court, the court is cleared,
and then decides itself an Illegal court.
Second, that after their proceedings hhd
been forwarded and the consideration
thereon and decisions read 10 thenl, they
acouiesced in the statements made by one
of their number that they were and are
right In the action which they took, ana
propose to abide by their action; thus
precludng the possibility OF my return
ing their proceedings TO them with any
orders to proceed, and presenting 10 me
a situation without precedent. so far as
my military Information extends
Now. sir. I have sought all the informa-
ton possible at my command. ana cannot
find any sufficient, full-supporting suiue
for further procedure on my part 70 prins
this grave matter 10 fun. clear. final legai
adjudication. am clearly OF the opinion
that the Governor of Virginia mas Iuii
legal authority to vest In me ire riEhs
10 order courts-martial for The trini Vi
enlisted men Of my regiment that 'hese
courts are general in their nature anu
IL .Iu fyx
be had to the Governor OF this state ana
that he had vested In me as the COM
mandant Of this regiment the right 10
order such a court as / did order Uor
argument on this position. see my letter
of December |, 1891, since II Is modiheu
position. under our State laws, from
which can be taken by using Chiteu
States statutes and United states army
regulations as an absolute Sulue)' th"'
the term general court-martial was pro-
nor inasmuch as IL defined the courts
Jurisdiction to be OF such a character
that IL could take cognizance OF all crimes
committed by enlisted men wheh pro-
perry brought before 1t.
Now, sir, request careiul reconsiue-
ration of this matter. mat shaii DE
given full authorities on Which 10 paSe
nv actions. Such grave questions as are
they arc i'm their effect on the discipline
of our volunteer militia, and the pre-
cedents which will be established, He-
mand, in my opinion. this RECONSIDERATION
Very respectfully, HENRY e. JONES.
CAPTAIN ANDERSON'S PETITION
The final paper submitted as evidence
was the petition OF Captain George
Wayne Anderson to the Governor for the
court of inquiry. 1t is as follows:
December 15 1894
His Excellency. Charles T. O'Ferrall, Gov
ernor and Commander-in-Chief
Sir.-I respectfully request that court
of inquiry be appointed TO inquire into my
conduct as member of a court-martial
convened at Richmond, Va, and sitting
on the 9th day of November. 1894, by or
der of Colonel II. c. Jones. of the First
Regiment Infantry, Virginia Volunteers,
and composed of the following officers
Captains Cyrus Bossieux, c. Gray Bos-
sieux. Charles Gasser. George Wayne An
derson, and Lieutenants j. j. Haverty,
Company Il; Jeter. Company "A;
Russell. Company Il, and Stringer, Com
pany ID. and others. with Lieutenant X.
x. Paynter as judge-advocate.
Colonel Jones declared to me personally
that the action of the officers composing
the court. OF whom / was one, was the
grossest disobedence OF orders that an
officer could be guilty Of. and the grossest
possible violation Of military discipline, or
used words to that effect.
lie repeated the same censure In meet
ing of the officers interested. called to-
gether by his order. on the night OF De-
cember TO- 1894. and then and there read
extracts from a letter written by him to
the colonel commanding the brigade, In
which the same charge was made against
myself and the other members of the
court, and the suggestion made at least
implicitly, that we should be court-mar-
tailed At the same meeting he read eX
tracts from the reply Of the colonel com
mandng the brigade. concurring with
Colonel Jones In his estimate OF our con-
duct and leaving IL to the latter to initiate
the proceedings II he saw fit.
A GRAVE ASPERSION.
50 grave an aspersion of an officers
conduct, thus sanctioned and reiterated,
cannot be allowed to rest unchallenged
by one who feels and believes he has done
nothing but his duty faithfully and con-
sclentlOurly.
The alleged misconduct was that the
court decided, under the advice OF its
legal adviser. the judge advocate that it
was Illegally constituted. because con-
vened by order of Colonel Jones, and be-
cause IL was u general court-martai,
which Colonel Jones had no power TO con-
vene, either on his own right or by virtue
of any delegated authority. since under
the I'D article Of war the legal maxims
''expressio minus exclusio est alterius"
prohibited his doing so. A grave injury
and wrong, as | conceive, having thus
been done, and done az a matter of record,
TO my reputation as a soldier. j respect
fully request that a court OF Inquiry be
appointed to examine into the facts and
TO vindicate my character II they shall
find me innocent OF wrDngdoing
Respectfully.
GEORGE WAYNE ANDERSON.
Captain Company F, First Infantry, VIZ
ginia Volunteers.
CAPTAIN ANDERSON TESTIFIES.
When the reading Of these letters had
been concluded the examination OF wit
nesses was gone into. The court over
ruled Mr.. Merediths motion for the ex-
cluson of witnesses from the room during
the examination OF others, and this ques-
ton being settled. Captain George Wayne
Anderson was sworn.
lie testified as to the court held on
the 9th Of November, and to the fact
that he was a member of the court. When
asked for his reasons specifically and In
detail for his failure to try private Pohle
at the court-martial then held, he said
that something over year ago, he having
been repeatedly detailed for court duty
no rolanei Homes hogan m read I'm ON the