Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-28
UNDER MANY CHARGES
New York National Guard
Scandal Coming to Head.
COURT-MARTIAL ORDERED
Investigation Results in Filing of 40
cusations.
CASE WILL BE PROSECUTED
Captain Wendell Of LIST Battery Will
Be Permitted to Appear Before
Board Of Inquiry.

ALBANY, N. T., February 2S.-Despite
the evidence of grating produced against
Captain Louis Wendell of the LIST Battery in
the court of inquiry efforts are being made
to delay final action by that body. These
efforts will be vain. The findings of the
court have been drawn I'D and are in this
city, awaiting the signature of members of
the court.
The courts recommendation to the gov
ernor is that a court-martial be appointed
to try Captain Wendell. 1t is expected that
Governor Hughes viii appoint the court
martial at once, and few doubt that On the
findings Of the court of inquiry the court
martial will recommend to the governor
that Wendell be discharged from the serv.
ice.
The court of inquiry may be able to re-
port to Governor Hughes this week, and. IL
not. next Monday. The court-martial will
not need more than a day or SO, SO the in
der indictment. will be discharged from the
National Guard next week.
Nature Of the Findings.
The findings Of the court of inquiry
against Wendell as now drawn up are prac-
tically as follows:
That Wendell exacted money from en-
them jobs or retaining them in those Jobs,
or both: Edward Martini, $3.50; Charles ~.
Strefbei, about $500; Jacob Johansen, jr.,
So. 400.
THAT Wendell obliged the following
named persons to rent houses from him in
order to obtain and retain employment in
said armory-Franz Groth, Otto Arens and
Otto Winkler.
That is was the practice of Wendell to
compel employees OF said armory, paid out
1Ydo IN for ~ I,sy
hotel, termed Fort Wendell. without giving
them any additional compensation
That 1t was the habit and practice Of
Wendell to permit the sale Of intoxicants
In said afmory in violation Of the criminal
code.
That it was the habit and practice of
Wendell to permit outsiders to board their
horses at said armory at a very small COM
pensation, not sufficient to indemnify the
state"
The court of inquiry concluded it's ses-
stons In New York February II. but the
findings have been delayed by stenogra-
piers illness.
AS soon as they arrive Brig. Gen. Lloyd
of Troy, president Of the court, will sum
mon the members for final action. Wendell
will have an opportunity to appear, but
no postponement will be granted to him If
he has anything to say it will have to be
said then and there.
1t rs in connection with his possible ap-
pearance at this last session of the court
that an effort has been made to delay final
action.
Question of Defense.
When the court examined the witnesses
in New York, February IL and IL, Alexan-
der s. Bacon, counsel for the accused cap
tain. said he would put forth no defense
then. His announced plan was to await
the action Of the grand jury. If no indict-
ments were found Wendell would interpose
defense at some future sitting Of the
court. If indictments were found Wendell
would make no defense.
The court of inquiry waited for the
grand jury action. When two indictments
charging grand larceny, were reported
against Wendell by the grand jury, about
ten days ago, 1t was found that they were
based on alleged dishonest acquisitions for
horse hire, subject not dealt with by the
court of inquiry
Fearing that if the court of inquiry pro-
ceeded without giving Wendell another OPP
pOrtunlty to appear before it some legal
flaw might throw out all the proceedings.
Maj. Lawyer, judge advocate, wrote to
Mr.. Bacon calling attention to the fact that
the indictment did not deal with matters
before the court of inquiry and asking if
Wendell desired to interpose any defense.
No answer came until yesterday. Mai Law
yer's letter had been forwarded to Lieut..
Wendell the captains son, at a wrong adj
dress. A reply from the lieutenant makes
evident that Capt Wendell may want to in
terpose defense after ALL despite the fact
that indictments were found. Lieut.. Wen
dels reply is as follows:
Suggest that Mr.. Lawyer be informed
that you will let him know what we want
at the end of this week. In the meantime
I will consult Mr.. Levy attorney and let
you hear from me-
1t is evident from this that Lieut. Wen
del does not see any necessity for haste in
his fathers case.
Maj. Lawyer is sending a letter to Mr..
Bacon. In reply, that If Capt. Wendell has
any defense to interpose it will have to be
made at meeting of the court of inquiry,
which is manifestly bent on disposing Of
the case quickly.