The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1904-12-10
TO COURTMARTIAL
BATTERY MEMBERS
Brandon ArtiIlerymen Charged
With Violating Rules
WILL BE TRIED DECEMBER 20
Captain Smith Has Orders From Gov
ernor to Sheriff BurgIn With Re-
gard TO Combining Members
of Battery in County Jail.

If the ten or more members of the
Brandon Light artillery, who are soon to
be courtmartialed. are fined and they re-
fuse to pay the penalty, 1t is almost GER
tain that Sheriff Burgin will have some
Alabama national guardsmen as his guest
at the county jail.
The members of tho battery are charged
with violating the laws of the organiza-
ton, as also of the state of Alabama in
refusing to attend without good excuse
the regular monthly muster and drills of
the battery. This thing of violating the
laws by not attending muster is not al
together new. according to the officers Of
the battery. There are some old offenders
but before preferring the charges against
them, the first sergeant waited until he
could get a big squad Of rule and regula-
ton breakers for trial. The offenses are
said to date back for several months past.
courtmartlal December 20.
The courtmartial proceedings will be
held In the battery armory at the city
hall on the night of December 20. Some
Of the defendants will attempt to question
the state military laws, while others will
undertake to prove their innocence.
Employers, physicians and friends gen.
orally will probably be on hand to testify.
The second officer in command will con-
stitute the court. and Capt. Edward d.
Smith, the commanding officer will be
the prosecutor of all cases. First Lieut.. J.
Quincy Smith will probably preside As
both Captain Smith and Lieutenant Smith
are attorneys at law. any attempt to
bring up Illegal points will be promptly
set aside, 1t Is said.
One offender is said to have employed
two brother privates in the battery, who
are lawyers, to defend him at the court
martial
All OF the young men to be tried are
quite prominent In social life, and the
proceedings promise to be interesting.
About year ago a private was court
martialed and fined 50. The decision OF
the court was approved by the governor.
the adjutant general, the major COM
manding the artillery forces of the state
and others high in authority. The private
was given thirty days time in which to
pay the fine. Just as tho first sergeant
was preparing to put him in irons" he
called around and handed over the fine
and took a receipt.
The laws of the state are very plain
with reference to courtmartials. Captain
Smith has received from the governor In
structions to the sheriff of Jefferson
county to receive all members In the
county Jail designated by the captain.
The Penalty.
Captain Smith says that any member
Of the battery who is fined, and If the
same is approved properly, and the man
does not pay the penalty, he will be sent
to the county Jail In lieu Of paying the
fine, at 81 per diem.
In compliance with the new state law
the officers of tho battery were examined
last night by Captain Smith. The examln-
alton consisted to a greater extent on the
military knowledge of the commissioned
officers. The papers will be sent to the
adjutant general for transmission to the
military BOARD of the state Immediately.