Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-02-21

| Fifth. The developments on thls case W
| monsttate the inadequacy ana dncertalnS
| OF the laws governing the active Militia
| OF the Commonwealth. and prove the ne
| cessity for revision of them by the Le-
| gislature, or the supplying Of what Is
| needed. hy the promulgatiOn by the Coih-
| mander-n-Cnief of such seguidu'ns as
are authorized by section 30j and section
| ss4 Of the Code OF Virginia
SUGGEST THAT ALL RESIGN.
Finally The court is by no means GER
| tain that Spccal-Ordcr NO l. cohVeh'hs
H. Is sufficiently comprehensive IN It's
| terms TO authorize Il to make the ioIlo"-
inc suggestion, but. assuming thai sucH
! order may be so construed, the court % ooi'-
| sidering itself justified by the lde .
| ercited at the trial just ended. ana by rs
| observation OF the demeanor OF tne
| narties and witnesses, and in the iursne'
| hflicf that the welfare OF the tlrst VIZ
| ciria Reelment. the destruction CT ts
| FACTIONS. and the restoration OF haihiOhs
| therein. and the interests OF tne N'Nise
| generally. will be promoted, recommends
| that the designations Of al the oineets
| concerned in the matters that ieo 10
| court of inquiry should be tehueieo
| the Commanderin- Chief, beng Inc ioi-
| lowing named ofiicers-to-wlt:
colonel II. G. Jones,
Lieutenant Colonel a. L. Phiilips'
Major j. II. Derbyshire.
| Ceptain T. A. Shepherd, Adjutant,
| Captain Cyrus BossieuX. {. ;.
| CAPTAIN George Wayne Anderson,
| Captain c. Gray Bosseux.
Captain Charles Gasser
| Lieutenant Il. X. Paynter.
Lieutenant j. y. Davis,
| Lieutenant J. +. Stringer,
Lieutenant NJ. II. Mills.
| IIeufpuaut T. l.. Jeter.
| This action is recommended 20 be taken
| without prejudice to the eligibility OF the
officers named for reelection to their
| present or any other position in the First
| Regiment. or in the service generally.
Respectfully submitted.
| (Signed) GEORGE A MCSHBACH,
President.
(signeO r. f. BOYKIN. Recorder.
| We certify that the above is a true and
| complete record.
(Signed) GEORGE a. MUSHBACH.
President.
(Signed) Il. z. BOYKIN. Recorder.
| Decision of the Commander i'm Chief
First. Approved
| Second. Approved. insofar as it de-
clares that the officers of the court-mar-
| tial acted from honest motives and did
| right in resolving not to proceed with the
| business before them-the court not hav-
/
| United States army regulations. Dis
approved, insofar as II declares that
| there was nothing improper in the
manner of the courts proceedings. The
court. after resolving that II was iiie-
gally called. should have adjourned tenn
porarily, and submitted it's conclusions
| TO the colonel commanding the regiment,
| and awaited his orders. The record shows
| no adjournment, but in effect a dissolu-
| e lo Nv plf
Third Approved except wherein 1t
| declares that the colonel of.the regiment
| "failed 10 indicate eilher his approval
| or disapproval OF the action Of the court
in the regular and proper manner" The
record of the proceedings Of the court
| martial. which was returned to the col
onel, showed that the court had held
| that IL was not court and declined to
| proceed-that il had put an end TO its own
| existence. The colonel. therefore. could
| not indicate his approval or disapproval
| to a court as TO its action after II had
| ceased to exist. He might have recon-
vened the court for a reconsideration
| Of its action with suggestions for its
| guidance; but this was optional with
| him United States Army Regulations;
| paragraph 1043). Besides he had every
reason 10 believe that the court. If recon-
vencd. would not change or modify its
| conclusion.
WAS IN GREAT TROUBLE.
Fourth. DisaoprovcG.
| The letter Of the Colonel to the Brigade
| Commander, December /. 1884,. was a
| statement Of facts, as ne understood
| them. an expression OF opinion as TO the
| law. and an appeal for prompt action IN
| the interest Of discipline, He had received
"A letter from the Brigade Commander
| sustaining his view Of the law. and say
| ing: II know no reason why the members
1 Of this court who were present on the
| 9th Of November. 1894. should not b.
| proceeded against for disobe1ience OF
| orders. But you will take such action In
| the matter as the necessities and tn
| facts may. in your judgment. warrant o.
| demand" He was brought face to fac-
| with a very serious matter. He was
'loath 90 believe" as stated in his letter
| TO the Brigade Commander. that lit wa.
the intention OF these officers to put the
| discipline of the regiment In jeopardy
| He issued an order for these officers to
convene at the Armory the night OF De,
| cember 10th. That night. prior 10 tho
| meeting. Captain George Wayne Ander-
! son. one Of the officers nnmed in N.
| order. met him and asked him what the
| purpose of the meeting was. lie replied
| "he was In great trouble: he did not want
| to court-martial the whole business, but
| Captain Anderson informed the Colone;
| IL was inconvenient for him 10 attend the
| meeting. and asked TO be excused The
| Colonel excused him after some further
| talk, and told him he would not regard
| his absence a disObedIence OF orders. If
| IL was the intention OF the Colonel. in
| calling the meeting 10 censure or repri-
| mand the officers. he would hardly have
| excused Captain Anderson from attend
1 MI. h1 ~ Of he
| Colonel taken in connection with his
| remarks that 'he was in great trouble"
/ indicated that his purpose In convenns
| the officers was 10 confer with them and
| ascertain II some way could not be found
| 10 relieve him of a painful duty. He
| states in his testimony that when the re,
| port Of the action OF the court reachec
| him. he considered that II brought up
very grave and serious question. and he
brought the officers there Ito the ArmorD
| for the purpose Of giving them such In
formation as he had 10 date. and to hea>
what they had 10 say on the subject be-
| fore he took any action in the matter.
Nator De-bvshire testified that he talked
with the Colonel at the Armory just be-
fore the officers arrived, and the Colone'
told him that he had called the ohicers
there ito ascertain their reasons Tor dis"
solving the court"
WHAT DID OCCUR THEhE'
"A 10 what actually occurred at the
Aymory after the officers. arrived the evil
dence is conflicting. But certain facts
are established beyond question: First,
That the meeting was Informal. Second
That the Colonel read parts OF his let
ter 10 the brigade commander or De
ceniber l. 1894. and parts OF the reply OF
the brigade commander Of December Z.
1894 a fair summary OF what occurred
after these letters were read would be
as follows: The Colonel insisted the
court was wrong, and the officers had
disobeycd orders. and were liable TO be
c0urt-martialed The officers or those
who participated In the discussion. in-
sisted that the action OF the court was
right. that the officers acted honestly. ana
were ready 10 stand by their action; That
1.-THE manner of the officers was respectful
and the Colonel treated them with due
respect" tsce testimony Of Colonel
Phillips). but the discussion was AMI
mated and both sides were positive N
manner; that what was said and done
vast not IN the nature OF reprimand
upon the part OF the Colonel: that the
meeting was one which might properly