The times. [volume] (Washington [D.C.]) 1897-1901, 1900-09-10

Several matters of Importance will come
| up for consideration during the present
week before Justice Bradley, of the SUI
preme Court of the District. One of these
| involves the question of the right Of a
court-martial after announcing its de-
cision, to reconvene, vacate its judgment,
and render a new verdict reversing the
| former finding This question viii come
| up on the petition of Lieut.. Lewis E.
Brown. for writ of mandamus against
Elihu Root in his official capacity as Sec
rotary of War, to compel him to issue to
the petitioner an honorable discharge
| from the military service of the United
! States.
1t is alleged by the petitioner that he
| was regularly mustered into the military
| service in 1898, and that afterward he
was assigned TO active duty in Cuba.
| While there he was charged with con-
duet unbecoming an officer and gentle
men. The specific charge against Lieu
| tenant Brown was that he was guilty of
| playing craps" and gambling with pri-
waite soldiers. court-martial was Or
4
| Lieutenant Brown was put on trial. a
| great deal of testimony was introduced,
| both for and against the accused. From
| the evidence submitted 1t appeared that
| the night upon which the alleged gambling
was done by Lieutenant Brown it was
raining very hard. He went to certain
tent to see one CT the enlisted men and,
it is said stocd between the flaps of the
tent at the entrance and asked for the
soldier he went TO see. Inside the tent
several soldiers were engaged in 4 game
of craps.
As to Lieutenant Browns participation
in the game the evidence is at variance.
Some of the witnesses declared that he
did make a bet while others were just
as positive that he did not. nor did he
handle the bones However this may be,
the court martial after hearing the evil
dence in November last, decided that
Lieutenant Brown was not guilty OF the
charges preferred against him. Some one
connected with the trial did not approve
Of the finding, and when the records were
forwa rded to the Secretary OF war ior
approval they were returned unehdorsed.
Seen after. some time in the month OF
February of this year, it is alleged the
court martial aNas reconyened and YER
dict OF guilty was rendered against Lieu
tenant Brown and he wGs dismissed from
the seryice.r
The petitioner contends that he was IL
legally dismissed from the service, ana
asks that the court compel the United
States to pay him his salary from Noyem-
Der 10. when the ccurt-martial declared
that he was not guilty of the charges pre-
ferred against him and also TO compel
the Secretary of War to issue to him an
honorable DISCHARGE
The matter will come on for prelimin-
airy hearing this morning before Justice
Bradley, sitting for equity business, when
Attorney Alonzo Bailey will appear for
Lieutenant Brown, and Assistant District
Attorney Gould for the Government.
In this connection it may be also stated
that there is a likelihood Of the Supreme
Court Of the District being called upon be-
fore long to decide whether or not state
of war exists in the Philippine Islands.
This statement is made on the authority
of a local attorney who has been con-
suited by an officer OF the United States
Army who was dismissed from the service
while on duty in the Philippines, without
the approval of the Secretary of War. The
officer referred to contends that state
of war does exist in the Philippines and
that, according 10 military law, he could
not be dismissed from service unless the
findings OF the court martial which had
Judged him guilty, were approved by the
Secretary OF War. This, he claims. was
not done. and it is his intention, he says,
to institute proceedings somewhat similar
TO those already hled by Lieutenant
Brown. asking for an honorable discharge.
Another matter set for hearing this
morning before Justice Bradley is the pc
tition for Injunction asked for fy Aug
ustus Davis, jr, William Z. Ryan. and
Mathew II. Ramage against the N. A.
Winter Company. They ask that the COM
pany be enjoined from resembling a con-
tract made with the compliments. 1t is
alleged that the company agreed to fur
nish graphophonic records OF the speeches
Of william Jennings Bryan Adlai f. Stey-
eugou. Charles A. TOwne, William Sulzer,
and other prominent Democrats for use
during the present Presidential campaign.
The compliments ailege that so far they
have carried ogt their part Of the con-
tract. and ths8 the Winter Company has
refused 10 furnish the graphophonic rec
ords promised and has also notified them
Of IS intention 10 resciud the contract
some zfldaFiis submitted in support Of
the petition for injunction allege that
many Of he officers OF the Winter Company
are Republicans, and it Is believed that the
cause Of their refusal TO fuiAll their con-
tract f. due 70 that fact Thereby the
company has embarrassed the Democrats
during the Presidential campaign.
~7r--vr