The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-07-04
NOTTINGHAM CASE
TO GEN. VAUGHAN
Governor Declines to Follow
Rccommendation Made by
Court OF Inquiry.
NOT FINALLY SETTLED YET
Statement Declared That Court
Erred in Not Stating Facts
as 10 Colonel.

Asserting that the court Of inquiry
erred in not stating the facts upon
which it declared that Colone! Thomas
j. Noting ham had been found guilty
OF repre- honslble oonduci.' Governor
Mann declined yesterday TO FOLLOW the
recommendation Of the court that he
be either severely reprimandcd or eX-
amined by court martial. at the disc-e-
ton of the appointing power. aud re-
forrel the case to General C. e.
Vaughan. OF the First Brigad-. with
the direction that nc take such action
as may seem TO him likely TO promote
.nc good OF the service
Touching the findings OF the court
b. reiauon TO Captain Parker. who
charged Colonel Nottingham with hay
ius uaed vulgar, pt diane and abusive
language in II ) presence against the
Gov"inor and officers Of the FIRST Bll-
eade Governor Mann approved those
tn'tt sustain the chaplain but declined
90 allow the recomme ndation tina. Cap
t"'. arker's resignation be 1cconte I
for the good OF tho service. The GOV
ernor's decision was issued yesterday
IN tho form OF d written statement. IN
which he assigns numerous errors in
the findings OF the court OF inquiry
Evidence Non Made Public.
Although Governor M-nns decision
summar!lr disposes OF the case as far
as interference from the commander
!n-chici is concerned. IL waits for nuaI
settlement upon the action OF General
Vaughan The Governors opinion was
not accompanied b. citations from the
evidence introduced before the court
oi inquiry. IL is known. however. that
the testimony tended to establish the
Tact that he officer under charge had
spoken in grossly abusive manner
dEalnst Governor Mann and a number
OF officers OF the FRS, Brigade
The inquiry court which was held
IN Norfolk last spring was composed
OF Colonel Leedy. Licutenant- Colonel
Craiehii and Major Wortham Chan
iain Parker. OF the Fourth Regiment
pastor of the Park Place Methodist
Church. preferred the charges.
The Governors Decision.
The Governors decision in iull fol-
lows.
$50 much Of the findings of inc
court as sustains Captain Parker is
approved. but the recommendation
that his resignation should be accept
ed for the sood OF the Service Is dis
approved
In the Judgment of the commande,-
in-chief, the court OF inquiry erred
IN the following particulars.
The court was instituted for In
quiry TO find the facts and make re
Communications. and should have ox
amined al witnesses having any
knowledge OF the matters Under I'M
vestigation, whose names were given
b. either Captain Parker or Colonel
Nottingham. or known 10 the mem
beers OF the court
1t should not have ruled that tho
failure of Colonel Nottingham to take
the stand of his own voltlon would
be taken into consideration.
1t erred in refusing v permit
Colonel Nottingham TO call witnesses
in surrcbuttal after it had permitted
Captain Parker to cali witness IN
rebuttal.
Il, erred III not stating the facts.
upon winch it found that Colonel
Thomas !. Nottingham had been
guilty OF reprehensihle conduct ana
that ho should either be severely re-
prlmunded or that charges be prefer
rcd and court ordered Ut the
dissection OF the appointing power
The evidence svas contradictory.
and the court had the right 10 he
lieve whom it pleased. st should have
ascertained the facts The finding in
the paragraph just quoted is vague
and indefinite. as goprehensible con
duct may mean many things and the
difference between reprimand ana
a court martial shows that the court
had not reached a very dec!ted con
clusion
For these reasons. so much of the
findings as has not been already APP
proved is disapproved and set aside.
and inasmuch as one Of the matters
inquired in grew out OF comment on
the COMMUNICATIVE chief. and as the
question is one of discipline the evil
dence taken in the case is referred
to General c. G. Vaughan, command
ing First Brigade. Virginia National
Guard. with direction to take such
action. based on the evidence sent
with this. OF on such other informa-
ton as he may have. s may seem 10
him likely 10 promote the good OF
tho service
WILLIAM HODGES MANN.
"Governor."