Evening star., 1901-08-01
TEGEEER APPEALS COURT
APPLIES FOR RELEASE UNDER
WRIT OF HABEAs CORPUS.
Petitioner Was Convicted by Court
Martial of DisObeying Orders
Aboard Ship.

Robert G. Tegeler, coal passer in the
United States navy. and until recently de-
tailed for duty as shipkeeper upon the U.
8. s. Oneida. was recently convicted by
court-martial Of conduct prejudicial to
good conduct and military discipline in
that he refused to obey an order given by
Lieut.. Commander Sherburne G. Hopkins
Naval Battalion. D. c. N. G., in charge Of
the Oneida, and late this afternoon Tege-
Ter filed. in the Supreme Court Of the Dis
trict of Columbia, petition for writ Of
habeas corpus, alleging that he Is unlaw-
fully restrained Of his liberty. Justice Cla-
baugh set the matter for hearing the 9th
instant. at 10 o'clock in the morning. At
torney H. H. Classic represents the petit
toner.
In his petition Tegeler sets forth that
Hopkinscame aboard the ship without hav-
ing assumed command thereof or having
in any wise notified Tegeler of his author
ity In and over the ship, and directed the
petitioner to scrape the paint and do other
work thereon, which was not within the
line Of his duty pursuant to his orders as
shipkeeper; that as shipkeeper the duty
of the petitioner was to preserve the prop
erty of the United States; that the petit
toner Is subjected to orders only of Of
fcers Of the United States navy; that Hop
kins Is not an officer of the United States
navy, nor an officer Of the United States;
that the petitioner had not been placed by
proper orders under the command Of Hop
kins; that 1t was not possible nor legal for
any one to place the petitioner under the
command of Hopkins, who was, SO far as
the petitioner and the officers and enlisted
men Of the navy are concerned, mere CT
william. For the foregoing reasons the pc
titioner says he declined to perform the
labor and duties which Hopkins assumed
to direct him to perform.
Continuing, Tegeler informs the court
that he was charged with having disobeyed
orders and a general court-martiaI was
convened, and the petitioner, against his
protest, was tried and convicted and SEN
fenced to three months imprisonment on
the prison ship. The sentence has been ap-
the custody OF Major Thomas N. Wood,
United States Marine Corps, for the exc
cutton of the sentence.
In conclusion, Tegeler asserts that the
court-marttaI had no power or Jurisdiction
to try or to sentence him, In asmuch as
the charge against him Is not an offense
against the laws Of the United States,
against the naval laws and regulations Of
regulation affecting or controlling the pc
titfoner; that the sentence of the court
was beyond its power to pronounce, and
that there Is no law which authorizes the
court to try, the Secretary OF the Navy
to approve or to issue an order of COM
mitment, nor for the Imprisonment of the
the petitioner Of his liberty; that. under
color of the sentence and order, the petit
tioner Is now incarcerated under restraint
Of his liberty In the brig or guardhouse.
this city.
The court Is asked to direct the discharge
of the prisoner from custody.
1t is understood that the intention of the
oficials was to remove Tegeler to the pris-
on ship at Norfolk on the steamer leaving
Washington at $50 o'clock this evening
The proceedings instituted In court this
afternoon. however, win result In his being
kept here at least until after the hearing
set for the 8th instant.