The evening times., 1898-06-09

lutely failed to notice any orders and re-
fused to respond for duty.
The climax came in the Ninth Regiment
armory Monday night. Then Major Solo
mon e. Japha. who Is the chief recruit-
ing oficer of the 10sth Regiment. saw two
men standing around the armory and not
drilling He recognized them as old MEM
bers of Company X OF the Ninth.
why aren't you men drilling In the
squad?" he asked.
Because we don't have to-" they re-
piled.
IT know that you are members of the
old regiment. and I expect you to drill
Mot ON your hfe." was the quick re-
joinder. Before the major could catch
his breath one Of the men said: I'VE are
members of the Ninth Regiment We
are willing to drill with II. We wanted
to go out with 1t, but were turned down
by the surgeons. Now we don't propose
to drill with an organization we don't De-
long to and never Joined. When the
Ninth comes back we will fall In and drill.
but not before"
you are still members Of the guard.
said the major. Under orders Of the adj
jutant general you must report for duty
with the 1o9th Regiment. and II you re-
fuse to drill l shall have you court-mar-
tialed. i will give you one minute to
make up your minds"
The major pulled out his watch and
counted the seconds as they were licked
off. When the time was up the men still
refused to go on the floor.
II did not want to take any unfair ad-
vantage of you men," said the major.
''and gave you an opportunity to obey or
ders. Now that you have refused you
must take the consequences" The men
laughed and walked out of the armory.
The men were Bruno KriSchner and
Emmanuel Barnett. both members of
Company X. of which the captain at the
front Is William F. Morris. reputed to be
the strictest disciplinarian in the guard.
Major Japha yesterday held a CONSUL
tation with Gen. Butt as to the course
to pursue. As there is no 1O9th regi-
ment yet formally organized. there are
no commissioned officers Of the regiment
to sit on the court-martial, and Gen,
Butt has decided to bring the men before
a brigade court. which will be composed
OF members Of his stah. Major Herbert
Parsons. Lieut.. Col. Henry S. Clark and
Major F. T. Underhill will probably be
among those composing the court. Gen.
Butt told Major Japha that he would
take severe measures to make an ex-
ample of such men at once. as discipline
must be maintained in. his brigade at
all hazards. especially at this time.
The charges under which these men will
be tried Will be brought under paragraph
23e of the Military Code, and may be for
disobedience of orders. disrespect to su-
perior officers. mutiny. desertion and con-
duct prejudicial to good order and mill
tary discipline. The men can be tried
on any or all of these counts. In some
quarters II is held that the men cannot
be court-martialed. and the trial will be
followed with the greatest interest.
Gen. Butts case will rest on the trans
fer order Of the adjutant general assign
ing to the new regiments members of the
prove that the governor has the right so
provision in the Military Code touching
transfers Of enlisted men invariably
speaks of II being done on the mems ap-
plication. but 1t is held that the new Mill
tary Cde giving the governor the right
to ''reorganize the State forces In case
of war to suit the exigencies of the case, -
puts into the hands of the commander
chief almost unlimited power.
Recruiting officers of both brigades are
roofing for the brigadier general. for IL
the court-martial holds it will mean that
hundreds of guardsmen now hiding be-
hind a technicality will be forced into the
ranks These guardsmen have hopes that
the absence OF all muster rolls which
have gone to the front with the old regi-
ments. will leave the court-martial with
out any evidence of the previous enlist
ment Of the men. and that therefore their
offense cannot be proved 1t Is said that
Gen. Butt will have a big surprise to
spring on that point.