The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-02-27
COL. DUFFY A K REPLY,
DENYING THE CHARGES SIGNED BIZ
FIVE OF HIS ClPTAINR.

Produces Audited Accounts of the ReRi-
mental Funds-He Contradicts In Detail
the specifications of tho ChRrEes-How
the state Authorities Can Investigate.
Col. Edward DUFFY OF tho Sixty-ninth Vol
unteers said yesterday that the charges
against him which had been sent to Albany
by Ave Of his Captains were not worrying him
at all. He denies the statements contained In
the CHARGES and mall the specifications.
Taking UP the CHARGES one by one yesterday.
he said the FIRST two specifications. charging
him with making false sick reports at Fernan-
dina. Fla. and with drunkenness in Hunts
willie are simply and wholly false. The next
charged him with not having accounted for
moneys from the post exchange and other
sources. The complaining officers say. upon
information. that the post exchange ~receipts
were $3.50. Col. Duffy says. that the correct
amount was 81. 227.5O. OF this. S1.257.1a was
expended on the regimental hospital and 81 90
was distributed among the companies to meet
incidental expenses. A balance Of $470 was
left on Jan. l. 8 A fund OF $1,000. given
TO the regiment by the Friendly Sons OF st.
Patrick. was expended by authority of the vote
Of the Board of Officers. "Out of 81. 800" as
Col. Duffy explained it. Isl, 1880 was spent"
for supplies which the Commissary Depart
ment did not furnish. for prizes for regimental
games and that sort Of thing. To make up the
deficit of $2S7.99 in the Friendly Sons fund.
the amount was drawn from the balance from
the post exchange fund. leaving S1S2.32.
which Col. Duffy put in the hands Of the regi-
mental AdIutant. Lieut..Emmet OF New Ro-
chelle.
Ex-Gov. Flower gave $500 to the regiment.
II was distributed among the company COM
manders.
In proof OF this state Col. Duffy laid
49, A.. o.oa,-N l~Al,. - thA
regiment. These were certified to on Jan. l
by Major Thomas +. Lynch. Major Spellman
and Lieut.. Col. Donovan. as regimental coun-
ell auditing board. These accounts also dis
pose, Col. Duffy says. OF the charge that he
failed to appropriate money from the regimen
tai fund 10, Tor the sap PPot 10 OF n the h fps ? c.rs n.
a prison. Col. Duffy said It was true and that
the men were better of there than In the
foot and over head. which no temporary, camp
structure could be. He believes, he said. that
in the eglment and allowed them TO stay at
large making trouble whom they should have
been locked up.
marks about the officers Of the regiment.
There was no regular rifle practice ut Eernan-
| when dug deeper than two feet, and just as he
had made arrangements for a range some dis
withdrawn by order OF the department. Fur
thormore. he says that there were several DAYS
OF practice not HithstandinR these dlsadNan-
As to the charge that Capt. John Duffy. the
Colonel's son, was allowed to, neglect, HE mill
tary duty and 20 engage in the practice Of the
law in connection with the damage claims
arising from the accident In which several men
9 ala the an rsF fhnt Sap %ef buf hsti made 4, $ Rlfp5n dEurfns
that absence, this answer was made by Col.
Duffy: ~ n.rnous v.r. t,,,,d in that ao.
cident and my son went to Birmingham twice,
two days at a time, TO attend to the matter OF
Capt. DufTy. who-was present: said that this
was so. Finally Col. Duffy said that he did
drill the gimf At S. e SeTI.S 9P %oiap t2ns sn d
battalion while the Major was at C~hickamauga.
Col. Duffy said that all Of these CHARGES were
and that Major Beach. q regular army, officer
| appointed to in investigate them. exported TO the
department that they were without founda-
AdJt. Davidson. who was present while Col,
Duffy was talking to the reporters, SAID that
he believed that the bringing OF the charges
when the charges against Col. Duffy fell to the
ground. as they must, the troublemakersdeould
be expelled from the regiment.
Major-Gen. Charles T. Roe said yesterday
thai heb he had aI not d yst n seen ax6 6ss G ,a sse 'h sEat an,
til about Tuesday next, Until the charges
have been carefully examined" Gen; Roe said
II cannot say what action will be taken
Some OF the Specifications in the charges Just
preferred against-Col. Duffy were In part EN-.
signed by Capt. Anthony J. Griffin. First Lieut.,
T.. H Leary. and Second Lieut.. w. Z. Bryant.
These charges were Quashed.
A lawyer, who is also a well-known officer Of
the Guard, when seen yesterday concerning the
charges made against Col. Dutfy. said:
Although the charges made against Col.
Duffy were for alleged offences committed in
the volunteer service OF the United States. the
military authorities Of the state can neverthe-
less take action upon them. but not by court
martial. There are other methods, however
equally effective. and one is the converting OF
a State examining board. A court-martial to
try an officer OF the SiXty-ninth for acts com-
pjtted In the volunteer service. could be or,
dered only by the authorities OF the United
States Arm while the officers were a part OF
Col. Duffy and other officers OF the Sixty;ninth
were while in the volunteer service still Off
GERS OF the National Guard OF New York on
leave OF absence and responsible TO the state
force for their actions. The new military laws
OF the state say in paragraph IA:
The Governor may, whenever he may
deem the good Of tho service requires 1t. or;
der any commissioned officer before a board oil
examination. which Is invested with the powers
of courts OF inquiry and courts-martiGl. and
such boards shall examine into the moral char
acter. capacity and general fitness for the ser
vice Of such commissioned officer. II the find
inRs Of such board be uAfavorabhe to such Off.
Ger and be approved by the Governor he shall
be discharged from the service
After the Governor hears from the AdIu;
tant- General on the charges preferred. YOU Will
find that II action is taken 1t will be in the
shane Of a State board Of examination or court
of inquiry"