Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-01-23
THE MILITARY COURT
THE ABSENCE Of A MEMBER NecES-
STATES ADJOURNMENT.
The Probabilities Are Tha. Its Powers
Will he Enlarged and All the ReGi-
snent's Troubles Investigated.

The court Of inquiry ordered by the
Governor for the purpose OF investigating
the question whether certain officers of
the First Regiment were amenable to
censure for declining to serve as a court
martial. they having decided that they
we're not legal court. met at the First
Regiment Armory at 10 o'clock yesterday
morning Owing. however, to a misun-
derstanding Of his orders, Captain Hugh
not reach the city until o'clock last
night. and hence the inquiry was post
poned until to-day.
No intimation OF Captain Nelson's alb
sence had been communicated to the other
officers OF the court. and promptly at 10
o'clock the latter made their appearance
at the Armory. The band-room In the
rear on the first floor Of the big building
had been get apart for the court, and
desks and a number OF law books
were arranged ready for the investigation.
Colonel Henry c. Jones was the first OFF,
Ger to make his appearance in the room.
lie was accompanied by his counsel, Mr..
Charles V. Meredith. and Lieutenant
Charles Gerhardt, of the Eighth Infantry.
United States army, who Is now located at
Lebanon. Tenn. These were followed a
little later by Colonel II. Il. Boykin. Cap
tain George a. Mushbach. and Captain X.
w. Tomlin. OF the court; Captain George
Wayne Anderson. one Of the gentlemen on
whose petition he court was ordered. and
Mr.. Raymond Brown. who has been en-
pioyed to make stenographic report OF
the proceedings. Captain Anderson will
act as counsel for the officers who were
associated with him on the petition for
court OF inquiry.
REPORTED TO THE GOVERNOR.
After these gentlemen had assembled.
some time was spent by all OF them in
reading up on military Jurisprudence. and.
as Captain Nelson did not make his APP
pearance, the sergeant major was dis
patched to the various hotels to ascertain
whether or not he had reached the city.
The messenger returned at III O'Clock, and
reported that Captain Nelson could not
be located in Richmond, and the officers
OF the court then repaired to the Cover
nor's office, where they notified the Exc
cutiye of the situation. They soon re-
turned to the Armory. and reported that.
after consultation with the Governor, they
had decided to adjourn until o'clock. 10
await an answer to a telegram that had
been sent to Captain Nelson.
The court reconvened at the appointed
hour, and Captain Mushbach stated that
telegram had been received from Cap
tain Nelson, to the effect that he had
misconstrued his orders. and thought that
the court was ordered for Wednesday.
instead OF yesterday. The missing officer
advised his associates that he would ar
rive In the city last night. After making
this statement Captain Mushbach sug-
gested that the court adjourn until IL
o'clock to-day. which was agreeable to
all parties concerned.
1t is expected that when the court has
concluded the business for which 1t was
conyened-that of investigating the jus
tice OF the censure placed by Colonel
Jones upon the officers of the First Regi-
ment who composed a recent court-mar-
tial, but declined to act-the Governor
will order the court 10 go further, and in
quire thoroughly into all the troubles in
the regiment. According to his construc-
ton OF the law, when the court was or
dered, he hadn't the authority, unless re-
quested to 90 so by Colonel Jones. 10
issue any such order. Now. however. 1t
has been definitely established that he
has full power to order a court of inquiry
to investigate the actions of any officer
whether that officer requests 1t or not,
and there is a strong probability OF his
exercising his prerogative.
EXCELLENT LEGAL TALENT.
During its deliberations this court will
have the advantage of excellent legal
advice. MI Meredith, who represents
Colonel Jones. IL one OF the leading at
torneys in Virginia. and acted in
similar capacity for Commander Graham.
OF the United States pavy, when that
gentlt man was before naval court in
this city some time ago. Lieutenant Ger
hardt is we'll grounded on military law,
and Will make an efficient associate for
Mr. Meredith. Captain George Wayne An
derson, who alone will represent the pc
titioners, Is probably the best-informed
military lawyer in the city. Having been
an officer in the regiment for a number Of
years, he has naturally had TO do with
a great deal, and the OPP
portunities thus afforded him OF perfect
ing himself In this branch OF legal
learning have not been wasted. Colo
mel Boykin, as tudge-recorder, Is the
legal adviser of the court, and he Is a
most capable officer. fIe is lawyer OF
high standing in Isle OF Wight. and. al
though he has been in the military SER
vice but q short time he is well posted
on all legal points which may arise.
When the court meets Colonel Boykin
will swear In the other members. after
which one OF them will administer the
oath to him. Captain Mushbach VIII be
the presiding officer. The members Of the
court will receive regular pay, accord
ing to their rank, while sitting.