The evening times., 1896-01-07
NlI0R ARMIES INV APPEAL
SURPRISED BY the Decision Of
Upper Court.
FIFTEEN DAYS TO DECIDE
He May Ask for u Rear1ument, Ap-
peal to the Supreme Court or Sub
init to Arrest ard Trial Before a
Military COurt-Depart ment Off
cials Silent on the Subject.

The decision handed down by the Court
OF Appeals yesteFday reversing the decision
OF Judge Bingham in the famous Armes-
Ciosson case. does not mean that Ma ]. Armes
wiz be Immediately re-arrested.
He may file a notice Of appeal to the su-
preme Court. and lie has fifteen days in
which to consider the alternative. Maj.
Armes was seen by Times reporter this
morning. Atrtrst he refused To be interview W.
ed, but finally consented to answer some
questions OF general bearing on the case.
Shall you make a motion of appeal to
the Supreme Court?'
II have not defided that question yet.
think have ample grounds for an appeal.
The decision of the court yesterday was
great surprise to me. as think 1t WINS tu the
public; but nothing that Gen. Schofield can
do surprises me. You can quote me as
saying that 80
When seen by the reporter Mai. .armes
was len wing his office on street in his
carriage on his way to the office OF his at
torncys. Ralston 4 Siddons. He said he
had obtained no information of the courts
decision. except from the accounts given
In the morning papers. and he proposed TO
go with his attorneys to the court for the
purpose of making a careful study OF the
judges finding.
The major stated that he should go
about his business as usual and he might
decide to let matters take their course.
DECISION SURPRISED HIM.
Mr.. F. L. siddons one of the attorneys
for Major Armes, said lie was surprised by
the decision or the higher court. II certainly
was at variance with the popular opinion.
The arbitrary method OF Major Armes' in
careeration had seemed TO him so flagrant
that the decision or yesterday was all the
more q surprise to him. Whether his client
would make an appeal to the highest court
OF ALL ne did not know
None OF the gentlemen on the War Depart
ments side OF the question would express
an opinion on the subject OF the recent
decision when visited by u reporter this
morning. Their silence was complete ard
absolute.
Mr.. j. n Morrison, attorney for Col
Closson, who represents the army officials.
would answer no questions. Having gained
a decisive point yesterday, they were evi-
IDENTIFY averse TO The possibility of de,ract-
ing from their victory by an expression of
lay opinion.
II is said by those {" whom Ma ior A rmes
expresses himself freely On the subject
uf his defeat by the upper court, that he de-
tends the sending Of his letter to Gen.
Sch.fieId more stouuy than ever.
Il am not yet Sorry that sent the let
ter he said 10 one person this morning.
RIGHTS AS A CITIZEN.
1T is true that am retired Army
officer, but 1 suppose myself TO be still
a citizen OF the United States. H my
mouth is closed TO every expression Of
opinion affecting the War Department,
why is not every pensioner Of the rmy sim
ilariy silenced?'
There are three courses OF procedure
open to Maj. Arrnes.
He may file motion for reargument
before the court Of appeals; he may make
a motion of appeal to the United States
Supreme Court. or he may be rearrested and
tried before the military court.
That he will adopt the first or these
courses is very improbable The decision
OF the court is handed down in terms of so
decisive a character that little encourage-
ment is furnished for a rehearing. That he
will submit to the last choice and allow
himself to be court -martialed is equally IN
likely. But that he will appeal the whole
case for q review by the Supreme Court 10
quite probable.
The appellee has fifteen days in which
to choose his course. Some time withihthat
period the court of appeals must remand
tie cause to the court below and issue its
formal mandate accompanying its opinion.
If at the expiration OF fifteen days the
attorneys of Maj Armes have filed no
motion for a reargument and no notice OF
an appeal, he will be liable to immediate
arrest.