Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-03
learned that the dead man was William

Durham
A coroner's inquest was held, at which
the foregoing facts We're ELECTED. The jury
rendered a verdict censuring Wadsworth
and directing the district attorney to
begin criminal proceedings. warrant
was thereupon sworn out for the arrest
of Wadsworth and acting upon the al
vice of Deputy Attorney General fleltz,
who had been specially assigned TO tne
case by Governor Stone, Colonel Rutledge
commanding the 18th Regiment, refused 10
permit the warrant to be served while the
troops were under arms
Subsequently writ of habeas corpus
was issued by the court of Schuylkili
county directing Colonel Rutledge to sur
render the private, but this action was
resisted and finally discontinued by an
agreement between the counsei.
Legal Proceedings Taken.
The troops, November Z, were relieved
from duty in the coal region, and Wads-
worth was arrested in the city OF Pittsours
by William Shorthall, a constable OF Sheh-
andoal. upon warrant charging him with
the murder Of William Durham.
Counsel at once went into the supreme
court and asked for writ of habeas corpus
recurring Wadsworth to be brought pe1ore
that court, which might hear the evidence
and discharge the prisoner. rms action
was resisted by the district al'oihe ~
Schuykill county.
After argument the writ was issued anu
Wadsworth was taken into court, Which'
after further hearing, made an oTder re-
leasing him on nominal bail and directing
the case to be put at the head OF the isl
for argument on Monday mkt.
This is said to be the first time that an az
tempt has been made to put MEMBER OF
the National Guard of Pennsylvania or any
other state upon trial for his acts under
orders of his superiors during time OF riot,
and is of great interest to the Natlohai
Guard throughout the country Tor the [ea.
son that If it should be held that soldier
is criminally liable for carrying out the Or
ders of his superior officers it is plain those
in authority say, that the result would DC
the disintegration and down1aH OIL the
guard.
Changes During Past Quarter.
A general order has just been issued
from militia headquarters, announcing the
casualties and changes that occurred during
the past quarter:
Appointments - Sixth Battalion, Walter
Prince Keene, to be surgeon, with the rank
of first lieutenant, vice Woodman. pro-
NOTED; Naval Battalion, Ensign William
Hammil LantZ, to be chief engineer, with
the rank of lieutenant, vice Power, re-
signed.
Casualties Resigned, George A. Berry,
lieutenant dunf6r grade), I'd Division, Ma
val Battalion; John c. Gall, second lieu
tenant. Company A, Sd Battalion; Roy B.
Hayes, first lieutenant, Engineer Corps;
Frank E. Skinner, captain, Company c, 9Th
Battalion.
The following named enlisted men were
dishonorably discharged during the past
quarter: Mathew Anderson. private. Com
pany c, 9Th Battalion; Clarence NJ Ash
ton private, Company B, 4th Battalion;
Harry H Buck, private, Company c, 1st
Battalion; Richard c. Cantwell, private,
Company A, 9th Battalion; BENJAMIN r.
Chamberlain, private. Company c, 9TH Bat
talon; Charles A. Clark, private, Com
pany C, 9Th Battalion: William D. Dougher-
ty, private. Company A. 9Th Battalion; Ola
Floyd. private, Company Z: 5th Battalion;
c, 1st Battalion; Earl G. Jordan, private,
Company B, 4th Battalion; Vernon E.
Keiser, private, Company B, 4th Battalion;
Philip ]. Kraft. private; Company A, 9th
pany A. 9Th Battalion: Obed H. Waple. pri-
vate, Company C, LIST Battalion; Ellie B.
Ward. private, Company c, 9th Battalion,
and Joseph Weeks, private Company B,
18th Battalion.
Ensign Howard Fisk, Naval Battalion,
has rendered his resignation. to bear date
Of January l.
In the interest Of the service, Privates
William Lynch and James P. Stewart. both
Of Company C, 9TH Battalion, have been dis
charged.
privates Harry H Buck, William H.
Huntington and Obed H. Waple have been
dishonorably discharged by reason of ex-
pulsion from Company e. ISL battalion.
On their own applications. Privates Hum
nhrev Beckett. William w. Clarridge, AL
bert P. e. Doyle, John ]. Foley, Samuel 1.
Scott. Eugene j. Sutton and Wallace A.
Whitaker, all of Company A, 9th Battalion,
have been honorably discharged. a.
Priyates John r. Moore, Alfred f. Ru-
dolph, John B. Tower and Newton 2. Zepp.
ali of Company C. LIST Battalion; Corporal
Harley NJ Eller and Private Charles B.
Green, both Of Company D, 9th Battalion.
and Landsmen Lee Grand Rider and Will
Naval Battalion, have been honorably dis
charged by reason Of removal from the
District.