Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1895-10-10
CAPT. ARMIES CASE.
The District Court Hears Arguments
and Then Reserves Its
DecisiNh.

Washington. D. c., Oct 5.-The case
of Capt George A. Armes, retired. who
was arrested some days ago by order
of Lieut. Gen Schofield. acting secie>
tary of war,came up today before Judge
Bradley off the Supreme court OF the
District of Columbia. Soon after his ar.
rest the captain was released on witt OF
habeas corpus, made returnable today.
When thecase was called today coun'
sci for Gen.. Schoheld asked PERMISSION
to file a return amendatory OF the orls,
inal return@already hled. Inns propo'
siton was combatted by Armes counsel,
but the court decided to allow the
amended return to be filed, subject to
whatever action he might see hit to take
later in the case. In the course OF the
argument it was contended on behalf or
Armes that as retired ofhcer Q! the
army he was not under the jurisdiction
of Gen. Schofield as acting secretary or
war. He was, however, subject to Ger
tain rules and articles of war. but only
such as applied to his condition as re-
tired officers In this condition 1T was
contended he could not be arrested Ior
disrespect to his superior officer. tor tho
reason that he had no superior ofhcef,
and it was. a perversion OF ofhclal duty 10
place him under arrest. The artlcles
of war comforting power to arrest ap
Piled only to officers on the active list
Counsel also stated it as his OPINION
that Gen. 1Schofeld knew that the arrest
was irregular, and by his amenueu re-
turn made an attempt to justify 1t, on the
ground that the offense was a military
one and had been committed IN his pres
ence The original return, 1t was sald,
disclosed no causes for the arrest and an
attempt had been made to remedy TINS
defect by. offering an evaslve ana contra
dictory return as an amendment. ne
fact that no copy OF the charges had
been furnished Capt. Armes, it was as
serted, was a fatal defect. as the regu,
lations specifically state that copies OF
the charges upon which an arrest IS
made must be furnished within twenty
four hours after the arrest, or the ac-
cused must be released. This regulation
applied to enlisted men, and when, was
asked, has the administration OF military
Justice been more tender to aprivate than
an officer? The whole proceeding, 1t
was commended, was irregular and dld
Can't Arnes a grievous wrong
Chief Clerk Morrison of the office OF
Judge acknowledgement of the army re-
piled on behalf of Gen. Schotield He
maintainedt that Capt. Armes is mem
United States and that he had been pro-
ceeded aginst strictly according to the
articles of war Retired officers of the
army were subject to the same regula-
tons in this regard as those on the active
list. He contended there was no differ.
ence or distinction in the punishment of
offense by court-martial proceedings be-
cause an officer happened to he on the
active or=on the retired list The latter
held practically the same relation to the
army as an officer on the active list en-
joying a leave of absence. Mr.. Morrison
upheld the legality of the arrest as al
ways the nitiatory step in military pro,
ceedings, preceding in practically all
cases the making Of formal charges. AS
to the giving Of information to Armes
of the charges against him, it was sutf-
Gent that he had been informed of them
within eight days, the military differing
from the civil practice in this manner.
Armes had been insuhorlinate.