The evening times. [volume] (Washington, D.C.) 1895-1902, 1896-01-29
JUDGE BRADLET's IRONY
Unusual Comment From the
Bench in the Armes Case.
SCH0FIELD AGAIN SCORED
His Honor Stated That the Present
Action Was Another Evidence of
the Spite Against the Retired Army
Officer-The Cause Com pa red With
Paper Chase Hunt.

The case of Major George \. Armcs,
U. Is. A, retired. came before Judge Brad
ley OF the District supreme court this
morning on the mandate OF tie touu OF
appeals reversing the decision OF the lower
court. which released Major ArnIes upon
a writ or habeas corpus.
The mandate, stripped OF its force, was
filed and Judgment entered, Us a matter OF
course Judge Bradley in disI osine of the
case made some pungently humorous and
sarcastic comments. Chief Clerk Morri-
son OF the bureau of military justice. in
the Judge Advocate Generals office. rep
resented the government in the matter,
while Mr.. Jackson II. Ralstou appca red for
Major Armes.
Mr.. Morrison moved that judgment lie
entered upon the mandate of the court of
appeals, waving, no viewer, thai part which
directed Major Armes 10 be rearrcstcd and
rcmaudcd by the lower court to the Gus.
tody of Comnandant Closson at the Ar
senal. He did not understand that there
was any purpose e. send Major Armes back
TO the military prison or pursue the case
any further.
BOTH COUNSEL SATISFIED.
Mr.. Ralston replied that his client had
no objection to the judgment in the form
indicated.
The opposition, he added. by This get
their view of miiil AIRY law confirmed we
get the liberty of our man. Both. ] pre-
sumo, should be content"
1T was well-kHOwn." said Judge Brad
ley, taking up his part in the comedy, that
the discharge OF Ma for Armcs by this court
did not relieve him of the Opcrat ion of he
military law. The waiving of that part
of the mandate which relates to his re-
arrest is proper and a welcome relief.
while this whole thing has been widely
advertised as real fox hunt with horses
and dogs and foxes and all the accoutre-
mcnts of the genuine sport. it turns out to
be merely a paper chase with no fox Il I an"
He then turned to the question of send
ing Major Armcs back TO custody, and
said he scarcely had the power TO do this
if the requirement had not been waived.
He cited the Sayre case from Texas. a
Supreme Court decision. in support uf his
view that it was not the proper proceed
ing for him to issue a warrant for Ma ior
Armes' arrest and cummittal to Conman-
dant Closson.
As a civil court it seemed TO him I'M
necessary and improper to interfere in
this way with a purely military matter.
In any event Major Armes was not in Gus
tody of his court and probably not within
its jurisdiction.
NO RIGHT TO OBJECT.
1.-THE motion valves all the substance of
the mandate" said Mr.. Ralston, except
the skeleton. l think we have no right to
object"
Judge Bradley announced that they would
suspend the skeleton and look at it.
Mr.. Morrison interposed here something
In regard to the clash between the military
and civil authorities, to which Judge Brad
ley replied there never was any conflict
between the two branches of government.
e Certainly no conflict" he said, between
this court and the War Department. There
has been an attempt OF Gen. Schofield to
justify an injustice. The purpose now APP
parent not to push the matter further. not
court martial is sufficient evidence that
to cause Major Armes' arrest and trial by
his arrest in the first place was merely
piece of spite work"
AS TO OTHER PROCEEDINGS.
Mr. Morrison FASTENED to say that he did
not mean by the motion he made that no
further proceedings against Major Armes
would be undertaken. He did not know
that to be n fact.
He had no information upon the subject,
and was authorized to do nothing more than
appeared upon the face of his motion.
How long has it been since Major Ames
was released by this court?' asked Judge
Bradley.
"Since October" answered Mr.. Ralston.
"wcIl, he could have been arrested and
tried uBder military law at any time during
the interval" commented hcsjrdGc.
He then concluded the matter by saving
he would dircct' an order 10 be drawn dis
missing the writ of habeas corpus and
entering judsmentsiD accordance with the
suggestions OF aessrs. Morrison and Raj
ston as counsel,