Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-31
Findings Of the Recent Court Martial
at Washington Barracks.
GENERAL MERRITT DlSAPPROVES
Code Of the Army Higher Than the
Criminal Code.
SCATHI ING DENUNCIATION

Inc record OF Inc proceedings OF lne
court-martial which tried Capt. Robert W.
Skufeidt. retired, U. s. A, at the WASH
iEgton barracks several weeks ago on the
charge Of conduct unbecoming an officer
and a gentleman, was received at the War
Department this morning and was filed in
the Office Of Judge Advocate General Lieber.
1t shows that the court acquitted the Off
GER of the charge and that the findings OF
the court were disapproved by the review
ing authority. which in this case was Maj.
Gen. Wesley Merritt, commanding the De-
partment OF the Fact.
The court-mariial was composed as fol-
lows: Col. F. L. Guenther, 4th Artillery;
Col. J. 1. Rodgers, 9th Artillery; Coz. H. &.
Hasbrouck, 7th Artillery; Major J. NJ. In
gals, 9th Artillery; Major Henry Jackson
Sd Cavalry; .dajor G.. G. Greenough, 7th
Artillery; Major Frederick Fuger, 4th Ar
and Capt J. R. Williams, It'll Artillery. with
capt. u. H. Bougnton, sd Cavalry, as judge
advocate.
The Charges.
There were two specifications under the
charge of conduct unbecoming an officer
and a gentleman. The first specification
alleged that Capt. Shufeldt had failed and
refused to pay his wife alimony at the rate
Of $50 a month in conformity with a decree
of divorce granted by the circuit court OF
Montgomery county, Nd, Notwithstanding
he was at the time in receipt of S115 a
north from the government as a retired
captain of the army. The specification
alleged that mis- failure to pay this money
was Ito the disgrace and scandal of the
service"
The second specification alleged that the
officer had violated a sworn agreement with
the Maryland court to hold himself subject
to it's orders at all times, and had, in fact,
left its jurisdiction in order to avoid the
enforcement of the courts orders.
Capt. Shufeldt filed a plea in abatement
to the jurisdiction of the court-martial, and
that being overruled. pleaded guilty 10 the
first specification, excepting the words ITO
the disgrace and scandal of the service"
and not guilty to the second specification
and to the charge.
Findings of the Court.
The findings of the court-martial were
as follows:
On the first specifcation-GuiIty. except
ing the words Ito the disgrace and scam
dal Of the service" and of the excepted
words, not guilty, and attach no criminality
thereto.
On the second specification-Not guilty.
OF the charge-Not guilty, and the court
does therefor acquit him.
The record of the proceedings having
been submitted to the department comman-
der. Gen. Merritt, the findings were disap-
proved by him in the following caustic in
dorsement:
Gen. Merritt's DisapprovaI.
I'm the foregoing case of Robert Wilson
6hufeldt, retired, captain, L. s. A., the
court seems to have lost sight of the issue
before it through the mass of irrelevant
matter introduced by the defense for the
purpose Of justifying the admitted conduct
of the accused.
ut is shown in evidence by the defense
that the accused =
tarily instituted proceedings in bankruptcy.
The schedule of unsecured debts submitted
by him shows that more than one-half of
the sum total thereof was due to his for
mer wife for alimony under the Judgment
of a court and the remainder to lawyers
and shopkeepers for services and supplies.
THE motive for this proceeding seems to
have been to avoid payment of the ALI
mony. No payment thereof has been made
either before or since the institution of the
proceedings referred to.
while it is claimed that the action of
the civil court in the bankruptcy proceed
ings relieved the accused from the legal
responsibility existing at the date of filing
his petition in bankruptcy, it is certain
that that action could not relieve him from
any obligations accruing thereafter nor
shield him from his responsibility fer any
offenses he may have committed against
the law military in the whole transaction
under consideration.
Unsoldierly Reputation of just Debts
ity Of the action of the civil court in
granting the accused exemption from being
made al swerable in legal proceedings for
the debts in question, but it is remarked
that it is inconsistent with the character
OF a gentleman, which all officers of the
army are expected to maintain, to repudi-
ate jus. and lawful debts. The govern
ment does not give officers responsibility of
rank and the benefit of retired pay to en-
able them to take advantage of the bank
ruptcy act, in order to rid themselves of in
debtedness incurred through their fault
and in purely domestic and private matters
disconnected with any business venture.
THE testimony introduced in support of
the second specification shows, in the opin-
ion Of the reviewing officer, bad faith and
deceit. The court committed a grave error
in admitting expert testimony as to the
legal effect of the action of the accused
before the circuit court, Montgomery coun-
ty, Nd made the basis of the second speci-
fication, and its proceedings in that particu-
lar are diSapproved
The Code of Honor in Military Life.
"It must not be forgotten that in military
life, to use the language of one of the
courts Of the United States, there is code
termed honor holding it's society to a
stricter accountability than is the case in
that of civil life and that 1t Is not desir-
able that the standard of the army shall
come down to the requirements Of a crimi-
nal CODE The conduct admitted by the &C
cused in his plea to the first specification,
together with the evidence adduced in re-
spect to this as well the second speci- |
fication, justifies, in the opinion Of the re-
viewing officer, the conviction of the ae-
cused on both specifications and the charge.
1.-THE findings and acquittal are disap-
proved. The accused will be released from
arrest.
(Signed) Nv. MERRITT,
Major General, U. g. A., Commanding"
Eject Is Acquittal.
Notwithstanding General Merritt's disap-
proval Of the findings of the court they are
final so far as the War Department is con-
cerned, and Captain Shufeldt stands ac-
Quilted before the world, and cannot be
tried again for the same alleged offenses.
william Jones q Fugitive
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