Year: 1878




REcusANr MEMBERS OF THE NATIONAL GuAEA


CONFINED IN LUDLOW sTnEET--rHEiR dRIEv-


ANcEs STATED ED-GENERAL sHALEa ON Dis


cIpLINE AND oBsriSAcY.


There now in Ludlow Street Jail fifteen men,
bers OF the State National Guard who are UNDER
going Imprisonment for non-payment Of the fines i'm
posed by court martial and Of fees OF marshais who
made the arrests. These men affirm that they are
suffering from serious grievance in consequence of
the action of the court martial which sentenced
them, while on the other hand the militia authors
ties say that undue severity has been exercised in
these cases, and that there Is way of evadng the
law which commands that delinquent members of the
militia shall be punished.


HERALD reporter called at Ludlow Street Jail for
the purpose of hearing what these men had to say,
aud the statements given below are sample of THEN
gricvances:--


Albert Stnsse of the Ninth regiment, stated that at
the time the court martial imposed the fine on him
lie sick III bed and had been SO for three weeks
previous. and was, therefore. unable to attend Sub
sequenrly nc had talk with the captain who said i,
was ali right and that he need not be afraid of any
trouble. Two days after the marshal to his
place Of business in Chatham street and asked for
fees which amounted to So. He tried to make some
agreement with the marshal by which he could pay
him weekly, but the official was inexorabe.


II. A. Pinckney, Of tho Eighth regiment stated that
in September last he was court martailed and he then
presented doctors certificate TO the effect that he
had been for several weeks incompetent for duty
owing to debility. That certificate was then deemed
satisfactory, and he heard no more about the matter
until last Monday week. when the marshal called
him for his fees He told the hal he had been
out OF employment for about Ave weeks and hal no
money. but he expected to go 10 work the Thurs
day following pe was willing to pay the fees by in
man or the whole" and thercupon arrested him. The
marshais fees amounted to IS go.


CASE NEEDS INVESTIGATION.


c1,n1o atrinh Af ha Eiuhth nAnfG Gfuf
that he courtmartiaed about ten weeks ago. and
was then indebted for fines in s14. He was
charged with indebtedness OF $40. At the time Of
the court martial he and his wife both sick,
he could not attend. His wife had been invalid for
two years and had it not been for that fact he would
not have owed the regiment anything. On the night
of the 14th inst the marshal with four deputies, went
to his at No. 422 Sixth street and Knocked for
admission, but his wife would not allow him to open
the door at that hour of night. The marshal and his
deputies left but returned after short time with
policeman, and they then burst open the door. The
marshal put handouts him before he had time to
get out of bed and wanted to march him to Ludlow
Street Jail without giving him time to put his
shoes. The policeman insulted his wife by re-
marks made in his presence. While the way to the
jail the marshal tortured him by twisting the hand
cuff on his wrist. e8N


William Brecn. Sixty-ninth regiment stated that he
had been out OF work almost constantly for two years
past Up to the time he got out of work he attended
duty regularly, but no then had to leave the city at
different times to look for work. AT the beginning Of
last summer his uniform taken from him. He
was never summoned to attend court martial while
in the city, but Oh his return about three months





regiment and 81 so to the marshal On Saturday
night last he arrested. He had then had four
days work after an idlencss of six weeks.


A. b. Marshall of the Twelfth regiment, who is
quite young man. stated that he had belonged to
the regiment about two Years and half. He was de-
cevcd altogether at the time he joined the represen-
tatons made to him. He was told that it would not
cost him more than dollar month. He attended
pretty faithfully for about year and then lost his
situation on account Of having to attend parades.
On the 18th Of September last he returned from
voyage and was unable to get work since. The fine
rhapa hu1 bonn ttxn Hrl4s aa1
vousy, neither OF which brought up against him.
John Lamb, Of the Eighth regiment, stated that he
had been out OF work tor over year but had been on
job in Tompkins square for about month past.
He sick for abo ut nine months and was excused
tor all that time He attended all The parales since
then for which he had got notice and owed only
So 80 which was the amount imposed by the court
martial in January last. The recent court martial
added the balance making all against him now s2l 80,
which he denied that he owed.


WHAT GENERAL sHALER SAYS. .


The reporter had conversation with General
Shalcr also relative to the general subject OF the in
prisonment OF recusant militiamcn The General
nnpshment was plain and simple Il stated t. % em.
phatically what constituted an offence and whaA
should be the penalty for the same. There was no
option about the matter. AS rule, said tire General
only very stubborn men were ever imprisoned.
There were some members Of rcgimcnts-they were
few comparativcly-Who sought 70 ignore the autho-
r.y Of their superior officers and affected to despise
the very Court before which they summoned.
No sentenced without having abundant
opportunity present for his absence but
invariably the men who were Imprisoned We're those
who had refused to avail themselves or the invitation
to offer excuse for open dcroiction OF duty.
OF course ut times IL might happen that man was
arrested and imprisoned for nonpaym ment OF fines
who was reasonably excusable for apparent defiance
of discipline. but in such only necessary
TOR him to apply to his superior officers tor hearings
and il his deserved consideration the application
laid before him General Shaer and was in every
instance fairly and favorlbly acted upon. Cases Of
this sort occurred frequently. But the discipline OF
the militia must be preserved, and this method OF
fines is prescribed by the law and must be acted on.
and when refractory members defy authority ii s
necessary that the law should be carried out to tho
letter.