The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-06-23
Blues BAND GOES FREE;
TRIAL WAS IRREGULAR
vernon Rules as Illegal, and
Sets Aside Verdicts.
FOUR ACQU1TTALs
One Properly Tried and Convicted,
but So Fine Imposed Is RENTED.
Bandsmen Refused to Play With
but Compensation at Dance.

Holding that the conviction of eleven
members of the Richmond Light In
fantry Blues Battalion Band, tried by
court-martial for dlsobedience of or
ders, was illegal. Governor Stuart yes
terday set aside the verdicts. Tho
conviction OF one he approved. but re-
mitted the fine. The acquittal of four
he also approved. The net result Is
that ALL of the bandsmen go free.
The court-martial Was the result of
the arrest of the musicians on tho
night of February .. when they re-
fused to provide music at the dance
given at the Blues Armory In honor
of the Virginia Military Institute ca.
diets. who were here for the Inaugural
ton of Governor Stuart
The voluminous papers reached the
Governor a few daya ago, having been
reviewed by Adjutant- General Sale.
Most Of his decision was based on a
technical error. Sergeant Thomas 3.
dered to pay fine OF So. IT appears
that the evidence was taken i'm full
only in the Slaughter case. and the
same evidence was used in all the other
cases by agreement This Is held in a
report submitted by Colonel Charles A.
Dempsey. United States Army. retired,
as illegal as tho evidence should have
been full in every case.
FORCED To WITHHOLD
APPROVAL OF vI5RDICTs
Although recognizing that tho men
wcro found guilty of the orense
charged and Endorsing tho action of
the court IN convicting them on the
evidence, the Governor was forced TO
withhold his approval OF the convic-
tione I'm the eleven cases. allowing only
the Slaughter case to stand.
While 1t would be possible to recon-
vene the court. and take all the evil
dence' it would cost the State about
$1,000 and II convictions should re-
suit IN all cases. the total of fines COL
lected would be only $40 In view or
this fact, the court will not be recon
vened.
On the ground that It would be mani
festly unjust TO require Slaughter to
pay MS hne and exempt the others,
Governor Stuart RENTED the fine
The eleven men who were mistried
were as follows:
Drum Major Frederick D. Cam
Chief Musician Philip Colavita, Prin
cipal Musician jacob A. Schwartz. Cor
poraI Arthur c. Van Pelt, Corporal Da-
vfd W. Bedford, Corporal Luke stone
Private Charles H Atkinson. private
Edward Nuceilli. Private Henry Park
inson. PRIVATE Frank l.. Seay and Pri
vate George w. Bowker.
Ihose acquitted wero as follows.
James B. Smith, Private William i
Pedrick and Private Beni Luchini
All or the accused men were dis.
charged from military arrest and or
aered to return to duty with the Blues.
Battalion.
Tho arrest OF tho members of IN.
band created a Juror. When thai
failed to show up to furnish mws,o
Tor the dance. Major E. w. BowIes
battalion commander. having ordered
them to be present, called out a souad
OF infantrymen. who visited the homes
OF Inc musicians and placed them un-
oer military arrest on charges of dis
at the armory for while, and later
committed into the custody of the
police by Major Bowles At the Sec
ond Police Station each of them was
bailed for his appearance at the court
martial.
The contention of the musicians was
that they had marched and played in
the inaugural parade. which, they as
serted. was their military duty, but
they declined to play at the dance
without pay. which they claimed, was
not military duty.
The court which tried tho musicians
SAT at the Blues Armory, and was
composed of the following officers:
Lieutenant-Colonel e. w. Salomon-
Sky, of Norfolk, president: Major H. A.
Davant of Roanoke: Major A ]. Finch,
of Chase City, and Major A s. Buford.
OF Richmond
1t was expected that the Governor
would pass upon the cases OF Sergeant
Lefew, of Highland Springs. and Lieu
tenant Larkin. of Fredericksburg, who
were tried by the same court. but he
announced no decision. Lefew is
charged with INSTRUMENTATION, while
Larkin Is accused OF conduct unbe-
coming an officer. It Is likely that the
Governor will pass upon these cases
in few days.