New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-13
wendell DISMISSED.
GovernOr Hughes Approves of Find
iugs of Court Martial SaUe as to Fine.

Albany, April - (SpeciaD.-GOvernor Hughes
TODAY approved the recommendations OF inc
court martial convened TO try the charges
against CAPTAIN Louis Wendell Of the list Bat
tar, Light Artillery dishonorably disnisslns
him from the service. The court recommended
that Captain Wendell also pay fine OF SlOO
This recommendation the Governor disap-
nroved as detracting from the weight OF the as
mlssaI itself.
Captain Wendell was charged win accepting
part OF the salaries OF armory employees for en-
pIoying them. other serious charges also We're
preferred against him. He did not appear before
the court martial. claiming that the court hao
no Jurisdiction. as the adjutant general of the
National Guard had accepted his resignation be-
fore the court convened. Governor Hughes, as
commander in chief of the National Guard. re-
versed the action of the adjutant general and
ordered Captain Wendell court martialed-
In approving the findings OF the court. Gov
ernor Hughes said:
The accused failed to appear in person before
the court martial and the trial under the regu-
lationS. due notice having been shown. proceed
ed In his absence, 1t followed that the evidence
limited to that adduced in support OF the
charges. The findings are approved.
The Military Code provides that conviction
OF certain offences an officer may be sentenced
TO be dismissed from the service. and he shall
thereby be incapacitated from holding any mill
"
OF such penalties.
Where the offence IL Of such a character a.
- 20 req, [eauIre a dIshonorable discharge. the most
serious punishment which under the code NAV
be inflicted on officer the addition OF q enc II
pecuniary fine adds nothing to the punishment
dismissal itself - '0
therefore disapprove the imposition OF the
fine OF $780, but I'm all other respects the action
OF the court is approved and confirmed
Assemblyman Frisbee. Of SCHENECTADY has
said that there were other militia officers IN
New York City whom he thought would he
found guilty OF the same offepce Captain Wen
del was convicted Of If the National Guard IN
vestigatiOn, as provided for by the wainwrish,
bill. should DO made
In General Orders No. IS. issued this after
noon from the Adjutant Generals department
the findings OF the court martial are given in a
voluminOus document which sets forth that the
court martial found Captain Wendell guilty IN
der all four charges preferred against him. as
follows:
and gentleman"
Charge 2-"Conduct to the prejudice OF good
order der and military discipline"
Charge 3-"NegleCt of duty
Charge %-'Making false certificate Of ac
count" "~
The order concludes: Captain Louis Won
del First Battery. y. O.. y. Y ceases 10 bs an
officer Of the National Guard from April 10
1907" 80
Governor IIushess decision in the case OF can
tain Wendell foretoId in The Tribune OF NIarcb
q. In that issue IL predicted that when III,
report OF the court martial was transmitted 10 the
Governor Il would contain n verdict OF conviction
night. At the Fort Wendell Hotel which he runs
sr Mas SAD That he had not been there at all yes
seemed to know whether he was In Town not.