The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-01-31

found the accused guilty of the first charge-yioac
ton of the fifteenth article OF war-had not the
authority to change the sentence prescribed in
that article for such ofense and Its failure
form, 10 the requirements of the above article in
sentencing the accused is error fatal the pro-
ceedngs and findings of the court far as relates
10 the first charge. Of the second charge, the evil
dence before the court, as shown by the record,
does not in the opinion of the general
commanding warrant the unqualified finding
made by the court. While Colonel Morgan's con-
duct may, on some occasions, have been somewhat
reprehensible, the evidence fails to show formal
ity on the part OF Colonel Morgan, and would JUS
tify the court in making a sentence of dismissal.
AS TO the third charge the specifications to which
are acknowledged true by the accused IL Is evident
from the record that Colonel Morgan was governed
by the best intentions and desire TO subserve the
interests OF the service. In view OF these facts the
proceedings and findings and sentence OF the court
in the case OF Colonel T. j. Morgan, Fourteenth
United States Colored Infantry, is disapproved
and Colonel Morgan ordered released from arrest
and returned TO duty.
III. The general court-martial convened by spe-
cial order "a, Headquarters separate division A. c.
March 20, and OF which Colonel Thomas z. Wildes
is president, is dissolved. BY command Of
GENERAL STEEDMAN.
WHAT THE RECORDS SHOW.
This is a complete account of the trial as it
appears in the records of the war Office. Tie
curious who may compare the Rev. General
Morgan's version of General Steedman's.order
with the original as given above will remark
that Mr.. Morgan must have quoted from men,
DRY. Several eulogistic expressions which the
Rev. general no doubt thought very appro-
pirate have been sandwiehed in between Steed-
mans severe sentences.
That the Rev. General Morgan can take any
comfort from the order shows that his case is
very bad, for we must remember that
~ The finding of the court was set aside,
not because justice was not done, but because
the sentence was Illegal.
~ The sentence was illegal because it was
less than the articles of war prescribed.
(3) The eourtmartial sentenced Morgan to
be discharged.
a. The fifteenth article of war sentenced
him to be "eashiered."
B. To be cashiered means that not only
should he be discharged, but that forever after
che should be disabled to have or hold any
Office or employment in the service of the
United States.'
In our criminal courts we can imagine
convict getting free because the Judge SEN
fenced him to imprisonment when the statutes
prescribed hanging; but ! am under the i'm
preston that while the convict might be very
grateful to the Judge he would not go round
the country boasting of his escape.
HIS RESIGNATION.
The Rev. General Morgan. DID,, accuses me
of falsifylng facts. He writes:
Mr.. Yorke says: Permit me to remark that
soon after these courtsmartial Rev. Mr. Morgan
resigned preciptatey from the army" The
animns of this statement is, OF course, the face
OF it. How false it is in fact and how utterly
generous 1T is in motive, will be appreciated by
your readers when call their attention the fact