New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-08
WENDELCOURT MARTIAL
Ordered By Command of Governor
for March IS.

Albany, March Captain Louis Wendell. LIST
Battery VIII be tried by court martial on the fnd-
ings of the court of inquiry which has been in
Vestigating the charges against him OF misuse or
his control OF the 1st Battery Armory. The report
and findings of the court of inquiry were given out
by Adiutant General Henry this afternoon by d-
rection Of Governor Hughes.
BY an order issued this afternoon "by command
OF the Governor" court martial is ordered to
convene on Monday March IS. at s p. m at the
armory OF the 1st Battery. The personnel of the
court is Major Charles E. I.ydecker, eth Regiment
Major Charles I. De Bevoise. Squadron c: Major
Henry /. Cookinham jr.. LIST Regiment; Major John
n Carlisle. 1st Regiment, and Captain Francis D.
Culkin 4Sth Separate Company, Third Battalion
Oswego. Major Louis L Babcock judge advocate
Fourth Brigade of Buffalo. is to be judge advocate
of the court.
The findings of the court of inquiry sustain the
charges against Captain Wendell. Of accepting
taking and receiving part OF the pay of certain
employees at the 1st Battery Armory Of permitting
aiding and abetting the sale of intoxicating drinks
social affairs in the armory, '1n express viola
ton Of the statute" and OF detailing armory
ployes to perform labor for him his hotel and
premises The court says further:
The accused was expressly urged to submit any
testimony within his knowledge, either contra
dict or impeaCh the testimony of the witnesses
who had testified sustaining the accusations and
imputations heretofore made in the public press.
Captain Wendell declined to offer any evidence I'm
his own behalf. An excuse FOR such omission was
made In that criminal proceedings were then pend
ing against said accused in New York County.
growing out or transactions connected with Cap
tain WendeIs connection with the LIST Battery
ArInory, and that the accused was advised that it
would be unwiSe for him disclose in these pro-
ceedings a defence which It might be necessary
thereafter interpOse in a criminal prosecution.
In the Judgment of this court such excuse was
unreasonable and unjustttable and inconsistent
with the theory of his entire innocence
The charges on which Captain Wendell will be
tried VIII allege violations of sections of the mill
tary code relating ''unmilitary ana unofficerke
conduct, neglect of duty, oppression or injury of
any under his command and conduct unbecoming
an officer and gentleman. conduct prejudiciaI
of good order and military discipline"
The order announcing the findings approves them
in all respects and diSsolyes the OF inquiry
The news that a court martial had been appointed
10 try Captain Wendell not surprising to his
counsel IN this city yesterday Colonel Alexander
s Bacon who appeared for Captain Wendell re-
Gently al the military Of inquiry said he had
expected such action at Albany. hut he could not
tell whether Captain Wendell would respond 10 an
order to appear before the court martial or not
Captain Wendell out of the National Guard
when his resignation accepted" Colonel Bacon
said 'ard he might take the ground that once
out he could not be dragged back ard he might
ignore an order for his appearance for trial by
court martial
The designation of court martial 10 try Cap
tain Wendell is merely the carrying out OF the re-
port or the court Of inquiry said Abraham Levy
WHO i counsel for Captain Wendell in the criminal
proceedings Il not Captain WendeFs counsel
take To what he should pursue when
the court martial conyanes TIE ~ ,1rt martial
National Guard OF the state. if he failed 10 appear
before II and clear himself Of tie charges His
by order OF the Governor"