The morning times., 1895-10-11


and taking Of the petitioner into GUS
tody WAS ana is unjust, unlawful,
arbitrary, tyrannicaI and capricious
on the part OF Gen. SchofieId, in
whatever capacity he acted, whether
acting as Lieutenant General or as
acting Secretary of War, and that the
petitioner is entitled to he disc Ina rged,
IL Is 80 ordered
Major George A. Arm cs was dismissed
yesterday by an order of Judge Bradley
from the custody Of the military power rep
resented by Col. Closson, U. $. A, in com
m and a the Washington barracks, asstatcd
in The Evening Times.
The tables by this order have been turned
on the governm cnt, which is now required
To give 500 bond that it will prosecute an
appeal which was taken to the District
court o + appeals by Mr.. j n. Morrison, repre-
senting the governments case.
The annoUnccm ent of the decision was
received with subducd dem onstration of
applause from n crowded audience, in which
were several m llitary men, evidently inter
ested in the result of the conflict and differ
cnce between law as So EN- Inent an authority
as Judge Bradley construes it, and military
law and usage, as Lieut.. Gen. Schoiicid,
There has been a general feeling among
those who followed the case, and es
pccially by those whho read the full
turn of Col Closson 10 the writ of habeas
corpus, which was given exclusively
in The Times, that the military consIruc-
tion OF the law of arrests would get
black eye-and IL did. The major has
certainly knocked out the lieutenant gen
eral, Acting Secretary of War and the pres
cnt Secretary OF War in The first round.
The news value of The amended return
which The Times printed was that it gave
the " hole basis on which the governments
case rested. 1t vas the opinion OF many
law yers that the government went out Of
its way to make foundation when it
ayerrcd that the offcnse was committed in
the presence OF Gen. Schofield.
This point was rou ndly scored by
Messrs. Ralston Siddons, and Judge
Bradley, in his opinion. characterized 1T
with sublimated sarcasm as Il meta
physical problem
The arrest. under the circumsta noes
familiar 10 the public, Judge Bradley
described as unjust, nlawful. arbitrary,
tyrannicaI and capr;cious."
The judge, il appears. followed in the
most essential respects the law as quoted
by Messrs. Ralston & Siddons. supple
mcntcd by other quotations of strong and
pointed decisions.
MAY SUE SCHOFIELD.
Possibly. in fact probably. there viii
De a suit for damages against Lieut.. Gen.
Schofield, retired. as n consequence of
the arrest of Major Armes. The repor,
was out yesterday after the discharge OF
Major ArInes that he would bring suit
for $4,000 or 100000, as yariuusly
stated. Major Armes declined to be in
tervicwed ON the rumor. His attorneys
a yrnnlI -. nj
juncture.
Col. Closson, through Mr.. Morrison, will
have twenty days in which to perfect his
appeal, and a good deal will of course de-
pend on the decision of the appellate court
and finally in the United States Supreme
Court, to both OF which it is said the govern
ment will go.
1t is known that there is in store for
Major Armes a court-martial. The charges
and specifications for the proceeding have
been published in The Times. Whether the
trial Will proceed pending the decision
or the upper courts or not is entirely
speculative as the officials of the War
Department are as dumb as CLAIMS ON any
thing pertaining to the case.
1t las been published, however, that
they were amazed and astounded at the
decision of Judge Bradley
Major Armes, his COUNSEL Messrs Ralston
K Siddons; Mr.. j. n Morrison, of the judge
advocate generals office, and Lieut.. Cum
mings, as representatives of Col. Closson.
who made the arrest of Major Armes, were
all present in court yesterday
FULL TEXT OF THE OPINION.
The opinion of Judge Bradley was as
follows:
Upon the petition, under oath. of George
A. ArnIes, complaining that he had been
placed under arrest wnen living quietly at
mis- home in the District OF Columbia. with
ralfaf nf
OF the cause OF his arrest being made TO
him, and that he had been conducted by a
file OF soldiers to the arsenal at Washing
ton ana placed In the custody OF Henry
Whitney Ciosson, Il colonel in the army of
the United States, that he had committed
no oftcnsc known TO any law, and that the
only excuse for his confinement alleged is
WAR DEPARTMENT,
"ADJUTANT GENERALS OFFICE,
"wAsHINGToN, ID. G.. Sept. %, 1895.
''To the Commanding Officer Washington
Barracks, Washington, ID. c.:
'Sir: by direction of tue Acting Secretary
of War, yon VIII arrest Capt: George A.
Armes, u. S. A, retired, and hold him 10
close arrest. under guard if necessary, at
Washington barracks until further orders,
(signed) THOMAS NJ. VINCENT,
Assistant Adjutant General.
''The writ of habeas corpus was directed
to issue, returnablc forthwith.
"The petitioner was produced in obedi-
Col. Closson, TO the effect that the peti-
toner is a captain in the United States army,
retired, and that he held him by virtue
of the order of the Secretary of War, re-
ferrcd To in the petition, and under section
1856 OF the Revised Statutes of the United
States, subiecting retired officers to the
rules and articles OF war.
SET FOR HEARING.
Upon the request of the petitioner the
9th day of October, 1895, was set for the
hearing of the cause. On that day an
amended return was filed, by which 1t is
made to appear that OH the 9th day OF
September. 1895, the day before the issu-
ance OF tile writ In this matter, the petit
toner being a retired captain Of cavalry in
the United states army, and John NJ. Scho-
field being lieutenant general and the gen
eral commanding that army, and also on
that day Acting Secretary OF War, the peti-
toner sought an interview with the lieu
tenant general at the rooms in the State,
War, and Navy building used as the public
office of the lieutenant general, and being
denied audience delivered to a messenger Il
letter addressed to Gen. John NJ. Schofield,
u. s. A., the letter being set out at length
in the amended return; that said Schofield.
on receiving said letter. forthwith read the
same, and on reading 1t he tSchofield), as
Acting Secretary of War, deemed him, the
said Armes, to have committed in his tthe
said Schorield'sl presence, and within the
personal knowledge OF him 1.-THE said SchO-
fieldl, as Acting secretary or War, grave
military offense; that such act, in his
OpiiliOn, WAS HiEuiy iHSuoOIulidtc stHu utl-
military, and to the prejudice of good or
der and military discipline, as we'll as con-
duet unbecoming an officer and Il gentle
man. that in order 10 bring said Arines to
trial before a court-martial for the offense.
and as due and regular preliminary pro-
ceeding, the order for the arrest and the
arrest were made the same day: that while
under close arrest at Washington barracks
he was subjected to the same treatment as
Officers under arrest under the 6oth article
of war usually receive: that on the I'd day
of October copy OF the charges and specifi..