The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-11
sCHOFIELD ROUNDLY SCORED.
MAJ ARMIES DISCHARGED FROM
CUSTODY BY THE COURT.

MS Arrest Declared in Violation Not
only of the Spirit, But of the Let
ter of the Army ReguIatiOns-Gen.
schofieId's Action Also Character
i,ed as Unjust, Unyvarranted and
TvrannfcaI-A RumOr That Armes
viii sue for Damages.
washington, Oct. 1O.-Maj. G. A. Armes.
o retired army officers arrested some days
ego. on the order Of Lieut.. Gen. Schoheld,
while acting as Secretary of War, was dis
charged from custody this morning in
Iudge Bradley's court, on the prisoners
snnlication for his permanent discharge on
writ Of habeas corpus. The courts
opinion was read from carefully pre-
pared written copy, and concluded with
vigorous denunciation of the order of Gen.
schoheld The quiet criticism of some
army officers concerning the methods OF
the arrest was transformed by the court
into severe structures upon the command
ing officer whose personal feeling was
held to be the only occasion for the ar
rest and confinement of Maj. Armes From
the order discharging Maj. Armes, ]. N.
Morrison OF the judge advocate generals
staff, the attorney for the Secretary of
Justice Bradley's conclusion was as fol-
lows: Being of the opinion that the ar
rest and taking of the prisoner into Gus
tody, carrying him away from his home
quarters to barracks not his own and hold
ing him in close arrest without any ante
cedent charge of crime preferred in any
way against him, was and is unjust, un-
lawful arbitrary, tyrannical and capri
cous on the part of Gen. Schofield in
whatever capacity he acted, whether as
lieutenant general or as Secretary of War;
and that the prisoner is entitled to be dis
charged. 1t is so ordered.
The opinion entered largely into. a re-
view of the army regulations and the rela-
tive standing Of retired and active off,
GERS.
The return to the writ made by Col.
ClOsson in whose custody the prisoner was
placed, showed that Gen. Schofield was
acting Secretary of War at the time Mai
Armes letter was delivered to him, ana
the dehyery OF the letter was. claimed to
be an offense committed in his presence.
whether this metaphysical problem could
be maintained, was, Judges Bradley said,
not material. The court dwelt for some
time on the fact that the punishment for
the oftense committed by Mai. Armes-if
any offenSe had been cOmmitted-Was
either by reprimand or dismissal, and this
being true, his arrest and confinement
did not seem to be essential.
Judge Bradley referred to the regula-
tons covering arrests Of officers, stipu-
ldllnB llal Lney SnOulu De Simply notified
10 repair to their quarters, and called at
tention to the violation of that regulation
in this case. Although without the
power to assign him to duty" said rhe
court, yet the petitioner at his residence,
having no barracks tent or quarters. in
violation of regulations 991, which pre-
scribe the manner in which arrests may
be imposed, and in violation of the 65th
article Of war; without the existence of
the slightest necessity for either arrest or
confinement, or any occasion therefor
N nf Il g.
ing, the petitioner was taken into custody
by an officer with a file of soldiers and
carried to the Washington barracks un-
der the order which required him to be
held under close arrest, under guard IL
necessary. If he were liable at all for ar
rest and confinement the only arrest and
confinement that could be lawfully i'm
posed would be such as is prescribed by
the articles OF war;
The announcement by Mr.. Morrison
that there would be an appeal taken from
the decision of Judge Bradley injected
an unexpected element of uncertainty into
the speculations regarding the future
course 60 tS Oh the proceedings; 1t was stated
az the war department, when the charges
based upon Gen. Schoheld's action were
formally preferred against Capt Armes
that court martial would be summoned
ana the prisoner prosecuted before IT,
irrespective of the decision in the habeas
corpus case. No date was named, how
ever for the calling of the court, and
to-day, when inquiry was made at the
olnce of the judge advocate general in
respect to this matter, Col. Lieber re-
piled that he had nothing to say and no
case.
From Mr. Morrison's action in the mat
ter, 1t is inferred that the proceedings
against Maj. Armes in court martial will
be held in allegiance awaiting further pro-
ceedings in the h&beas corpus case.
1t had been stated, also. that in the
event the courts found the action of
Gen. Schofield to be illegal and unwar,
ranted, Maj. Armes would enter SUIT
for damages. But it cannot be stated
now that this win be done.