Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-08
IT HAS JURISDICTION
The Court Martial 0verrules Captain shu-
feldt's Plea.
Arguments Of Counsel and Judge Adj
vOcRte-A Plea in Abate-
ment.

The trial of Capt. Robert Wilson Shufeldt
of the medical department of the United
States army retired, continued this morn
ing before a court-lnartial at Washington
barracks with Col. Francis l.. Guenther,
4tl Artillery as president. Capt. Shufeidt
is charged With conduct unbecomng an
officer and a gentleman in the alleged fail
urc and refusal to pay alimony ordered IN
favor of his divorced wife, Mrs. Florence
Audubon.
When the court was convened shortly
after II o'clock, Mr.. Alexander Wolf OF
this city was introduced as additional coun-
sci for the accused officer, he being asso-
ciated in the case with Col John T. Devices,
formerly of the army.
Can't. Shufe!dt submitted a special plea in
regard to the non-jurisdiction of the court
martial, in which it was set forth that
granting the alimony was unpaid the en-
fo,cement of the orders of the civil court
was with the civil authorities and not cog
hizabe by a military tribunal.
Capt. Boughton, judge advocate OF the
court stated that the matters spoken OF IN
the plea should properly be brought out in
the general issue. Summing up the judge
advocate stated that as the court was
aware it had long been the practice of the
War Department to hold officers of the
army to a strict accountability in regard TO
the payment of their just obligations. a
number OF ofIccfS nave Deel tlIcu lol tAS
non-payment of their just debts.
The accused" he said, admits here Is
lawful debt, one it IS in the power Of the
Judge advocate to show he has cVadcd in a
manner not honorable in law, and GER
tainly not so in the army. In regard to the
specification that the accused has Violated
an oath. it is unnecessary for me to say
anything in regard to what the army con-
siders such an act
Mr. Wolf objected to the statement of
the Judge advocate that the accused ad-
mitted just debt. He said there was a
great difference in law between a debt
and Just debt" Mr.. Wolf said further
that the specifications Of the charge under
which the accused is being tried does not
set forth that the civil authorities have eX-
hausted their powers in an endeavor to
collect the alleged debt, but merely charges
contempt.
Judge Advocate Boughton replied by say
ing the court-martial had been ordered to
sit to compel the accused to live up to the
standard of the army. If the acts COM
mitted by him set down as crimes in
the acts of war, coming within the para
graph governing conduct of an officer and
gentleman, this court has entire jurisdic-
ton.
Plea Not Sustained.
The court was cleared, and after a short
elaboration 1t was announced the plea
had not been sustained.
Capt. Shufeldt submitted further plea
in abatement of trial setting forth that an
action growing out of the original divorce
suit was pending in the Supreme Court
and should not be affected by the court
MARTIAL that he had been discharged in
bankruptcy. In other words it was claimed
two courts should not act upon the same
matter at the same time.
The judge advocate said he was aware
the accused has instituted bankruptcy pro-
ceedings and been discharged. while he was
coolly pocketng S175 a month paid to him