Birmingham state herald., 1895-12-22
REGIMENIAL COURT MARTIAL
DishonorabIy Discharges Private Edwards of Phenix City From Service-First Reg
 iment Election

Colonel Clark has received the approval of Governor Oates in the matter of court-martial held at Mobile during the encampment last July. The person court martialed was Private L. D. Edwards of Company B. Second regiment, Alabama state troops. There were two charges against him, the first of which was a violation of section 172 code of Alabama, in refusing to obey the order of supe- rior officer Specification, "Disobedience of orders and resisting arrest
 Second charge, violation of section 1SO code of Alabama; desertion, in violation of section 1SO code of Alabama. Specifi- cation, Refusing to report for encamp- ment at Mobile"
 The court was held at Mobile in pur- suance of regimental order No Il, Sec ond regiment, Alabama state troops, Maj R. P. Stout, Second regiment in fantry, president; Lieut.. M. J. McAdory of Bessemer judge advocate. The de- fendant pleaded not guilty to each and eV- cry charge and specification. The courts finding was guilty in each specification of the first charge and to one specified ton in the second charge. The sentence in the first charge was fine of S10, and in the second charge dishonorable dis charge from the service of Alabama and to pay a fine of $25, making the sentence
 
 discharge from the Alabama state troops.
 The reviewing officer, Colonel Clark, approved the charges and the findings and forwarded same to the governor who approved and confirmed the same.
 The following is Governor Oates or der: State of Alabama, Executive Depart ment,. Governors Office, Montgomery, December, 13. 1895:
 In this case of Private l.. D. Edwards, Company B, Second regiment, Alabama state troops. the proceedings and find ingS of the regimental court-martlal are confirmed and approved.
 The evidence given shows this to have been case of willful and repeated in suhordination, for which there is no ex- tenuation. s2
 The court erred in not coupling the fine imposed with a definite period of confinement in default of payment of fine imposed, thus rendering the portion of it's sentence as to fine imperative The law provides that where a fine is imposed and not paid the governor shall order the commanding officer of the per son fined to cause his arrest and delivery to the jailer of the nearest jail to be therein confined for the term of his sen tence As the court failed to specify a definite period of confinement in the lieu of the non-paymentof the fine imposed, there iS no statutory provision Dy Whlch the fine imposed may be collected. That portion of the sentence relating to the fine is disapproved.
 That portion of the sentence relating to the dishonorable discharge is ap- proved and will be dnly executed.
 w. C. OATES. Governor.
 Adjt. Gen. Harvey F. Jones published the orders dishonorably discharging Pri- vate Edwards from the service of the Alaban state troops.
 Company B is the Tom Jones Rifles of PheniN City. The case of Private Ed wards attracted considerable attention at the time the incident occurred. and the mayor and all the police Of PheniX City were summoned before the court-martial to testify.
 First Regiment Officers.
 An election for officers of the First regiment was held a few days ago and resulted as follows:
 James w. Cox, colonel.
 R. B. duMont. ieutenant-colonel
 l. s. McMullen. major.
 w. H. Harper. major
 Major Erwin was elected in 1894 and his commission does moi expire until July 1897.