The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-08
THE FINDINGS REVERSED
A Case Involving the Verdict of Il
Court-Martiai.

Ex-Tieutcnnnt Brown Seeking Vim
dication From Charges Preferred
Against Him While in the Service
in CUba-CencraI woods Course
An interesting case growing out of the
Span.sh-Amer5can war, involving a con-
structicn Of military law, is now under ad-
visement By the Court of Appeals for the
District 1t is the suit of Lewis Z. Brown.
formerly an officer in the United States
Army. ia which he asks that the Secretary
of War be compelled by mandamus pro-
ceedings to issue to him an honorable dis
charge from the military service of the
United States
Brown was first lieutenant of volunteers
and was on duty at San Luis, Cuba, in the
military department of Santiago In No
yember 1895 he was charged with conduct
unbecomiug an officer and a gentleman
and was tried before a court-martiaI. The
specific charge against him was that he
had been seen gambling with enlisted men
in the service.
Upon trial he was found not guilty. and
Judgment of acquittal. and other proceed
ings of the court-nartial were recorded,
and the court adjourned sine die The re-
suit of the enquiry was sent to General
/ Wood, commanding the Department OF
Santiago, by whose order the court had
been convened On December l. 1898. the
records were returned to the general
court-martial by General Wood, for re
consideration"
It is said that the record was returned by
/ General Wood without any statement set
ting forth the matters to be reCOusidered.
or whether the reconsideration was sought
| because Of error in the preparation Of the
- r.Tr-
sions, or pointing out any defects. The
members of the cOurt-martial, it
: stated, reconvened. on December
/ 6. behind closed doors and with
/ out the knowledge of and IN the absence
! Of the defendant, Brown, and revoked its
( fc~me- findings and found him guilty, and
/ sentenced him to dismissal from the ser
/ vice Defects it is said, were also found
! in the record of the second ceuTt-martial.
] and on December 10 it was again recOnven-
ed. On December q General Wood APPROX
! ed the findings of the cOurt-martiaI, and
! forwarded the record to the President but
( the Judge Advocate General, it is said, re-
! turned it TO General Wood. with the state
meut that state Of war then. on January
! i, 1893. continued.
/ Brown claims that the sentence and
! all other proceedings subsequent to his
J aCIuittal by the CouTt-Tnartlal or NONtIil-
( Der Il, 1895 are Illegal and void The mat
! ter was brought to an issue when the
{ President issued an order to the SeCTe-
/ taTy Of War to cause all the enlisted men
; and officers in the regiment to which
/ Brown belonged to be mustered out Of the
/ service This was done on May ., 1893.
. The Secretary of War, however, refused
/ to issue q discharge to. Brown on the
ground that he had been already Separ-
ated from the service and relegated to a
. civil status by the coUrt-maTtiaI.
( Soon after this Brown. represented by
] AlgnzO A Bailey as counsel, applied to
. the Supreme Court Of the District for a
. writ Of mandamus to compel the SeCTe-
. taTy Of War to issue TO him an honorable
! discharge from the service. A rule was is
{ sued against the Secretary of War re-
/ curing him to show cause why the writ
[ should not be granted. The matter came
up before one Of the Justices OF the ST.
pTeme Court of the District for argument
{ and the court denied the application for
( the writ From this ruling Brown took
I an appeal to the Court Of Appeals for the
I District. The case WIS argued before that
4 court some time ago, Mr.. Bailey appear
/ ing for Brown and Mr.. Anderson now
! Justice Anders0D) for the Secretary Of
{ War
The matter was presented to the court
! at length by counsel on either side, the
/ history Of military law for over fifty
/ years being reviewed In addition TO this
/ the practice Of the War Department IN
7 similar eases was submitted. as preCe-
: dent which would naturally govern all
such cases