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For third time, Cuomo schedules visit to City Hall in Batavia

By Howard B. Owens

Perhaps the third time is a charm.

Gov. Andrew Cuomo, after twice before scheduling announcements in Batavia and then quickly canceling the trip, has once again put Batavia on his schedule. 

Cuomo is expected to be at City Hall tomorrow at 1 p.m.

Members of the public who wish to attend are asked to RSVP.

The nature of the announcement has not been released, but Batavia is a candidate for a $10 million economic development grant and Cuomo has been traveling around the state in recent weeks announcing the grants in each of the 10 economic development regions. The winner for the Finger Lakes region has not yet been announced.

Appeals court upholds conviction and sentence of Park Avenue burglar

By Howard B. Owens
    Akeem Simmons

The conviction and 20-year prison term for Akeem Simmons, the then 23-year-old man who, with a partner, burglarized a home on Park Avenue, Batavia, in January 2014 will stand an appeals court has ruled.

An attorney for Simmons appealed both the conviction on a claim of an undisclosed deal with a witness and the sentence as too harsh.

The Appellate Division, Fourth Judicial Department, ruled against both motions.

Simmons and Nathaniel Davis burglarized the occupied home and Simmons was accused of carrying a gun during the commission of the crime. Davis testified against Simmons and after his testimony, Davis was sentenced to five years in prison after pleading guilty to burglary.

At trial, Attorney Thomas Burns, representing Simmons, argued that it seemed clear to him that there was an undisclosed deal between Davis and the District Attorney's Office.

At trial Davis, under oath, denied there was any deal in exchange for his testimony. District Attorney Lawrence Friedman said no deal was made in order to get Davis to testify.

A request by Burns for a separate hearing was denied by Judge Robert C. Noonan.

The appellate judges found there was no evidence to support the claim of an undisclosed deal.

The judges also ruled that because of the prior criminal record of Simmons, which included two prior burglary convictions, the 20-year prison sentence was neither harsh nor severe.

Batavia man accused in Federal court of using computer at library to view child pornography

By Howard B. Owens

A Batavia man is facing Federal charges for allegedly viewing child pornography while using a computer in the Richmond Memorial Library in Batavia.

Robert Roy Richmond is being charged under a Federal statute that prohibits viewing child pornography that has been transmitted across state lines.

According to an affidavit filed in U.S. District Court, FBI agent Jennifer Amo opened the investigation after the bureau was notified by Batavia PD in January of an investigation into a computer being used to view child pornography at the library.

The case started when a library employee who was working in the DVD section saw a man at a computer looking at a pornographic picture of a child in fishnet stockings.

As soon as the man left, the employee shut down the computer and put an out-of-order sign on it in order to preserve any potential evidence until police arrived.

Library employees told Amo that Richmond came to the library every morning and used a computer.

Richmond was identified as the suspected computer user because he had to input his library card number to access the system. He was also identified as a suspect by the employee through a photo lineup.

Another library employee told Amo that Richmond may have been coming into the library since 2014 to view adult pornography and had been confronted four or five times by the employee about it.

Upon questioning, Richmond allegedly admitted he's been viewing child pornography since 2009.

The FBI conducted a forensic examination of the computer and the affidavit contains a description of two the images allegedly found on the hard drive. Both are sexually explicit, of girls who are about 6 or 7 years old.

No information has been released yet on the status of the pending legal case.

Vehicle strikes sign on Oak Street, unknown injuries

By Howard B. Owens

A one-vehicle accident is reported in the area of Oak and Prospect, Batavia.

Unknown injuries.

The vehicle struck a sign.

City fire and Mercy EMS dispatched.

UPDATE 9:23 a.m.: Law enforcement on scene says no need for City fire to respond.

Law and Order: Batavia man arrested at Fire Hall on trespass charge

By Howard B. Owens

Anthony J. Nobile, 28, of New York Place, Batavia, is charged with trespass. Batavia PD was dispatched to 18 Evans St., Batavia, which is the City of Batavia Fire Hall, to investigate a complaint of a male subject who would not leave. Nobile was arrested and released on an appearance ticket.

Kiha Samuel McNear, 19, of Walnut Street, Batavia, was arrested on a warrant for alleged failure to appear. McNear was located by Officer Frank Klimjack and taken into custody. He was arraigned and jailed on $1,000 bail.

Tyrone N. Thigpen Sr., 40, of Jackson Street, Batavia, is charged with criminal contempt, 2nd. Thigpen allegedly violated a stay away order of protection at 7:50 a.m., Monday.

Jordan B. Abrams, 25, of Alabama, is charged with harassment, 2nd. Abrams was arrested by State Police in connection with an incident reported at 10:24 p.m. Sept. 24 in the Town of Alabama. No further details released.

Felicia A. Dumar, 27, of Byron, is charged with endangering the welfare of a child. Dumar was arrested by State Police in connection with an incident reported at 10:07 a.m. Tuesday on Swamp Road, Byron. No further details released.

Russell S. Almeter, 63, of East Aurora, is charged with DWI and driving with a BAC of .08 or greater. Almeter was stopped by State Police at 12:14 a.m. Wednesday on the Thruway exit ramp in Pembroke. He was also charged with unlawful possession of marijuana.

Trial date set in lawsuit between City and Mall Association

By Howard B. Owens

Via our news partner, WBTA:

A trial date has been set in Erie County Supreme Court that would settle the dispute between Batavia City Hall and the City Centre Merchants Association.

WBTA has confirmed the two sides are scheduled for a bench trial on Oct. 20th before Erie County Supreme Court Justice Catherine Panepinto.

The basic dispute centers on responsibility for the mall’s continually leaking roof.

Last March the City Council approved an offer to the merchants that would have provided $650,000 dollars to repair the roof, silos and skylights over the concourse in return for the merchants dropping their lawsuit.

The merchants have never ratified the deal.

A member of the merchants association – who wished to remain anonymous – said the city has met all of the merchants’ requests but the association’s lawyers have advised against accepting the deal.

City Manager Jason Molino said the merchants are refusing to vote on the settlement terms that were negotiated last December. 

It is still possible the two sides could come to an out-of-court settlement by the Oct. 20 trial date.

Law and Order: Batavia woman accused of stealing medication

By Howard B. Owens

(name redacted upon request), 32, of Thomas Avenue, Batavia, is charged with petit larceny and criminal possession of a controlled substance, 7th. xxxx is accused of stealing medication from a residence on Old Meadow Lane in Batavia.

Jeremy Aaron McCormick, 23, of East Avenue, Attica, is charged with unlawful possession of marijuana and speeding. McCormick was stopped at 6:56 a.m. Tuesday on Route 20, Darien, by Sheriff's Deputy Eric Meyer. McCormick was allegedly found in possession of marijuana and drug paraphernalia.

Tony Peca named master of ceremonies for Paolo Busti dinner next week

By Howard B. Owens
Press release:

Anthony (Tony) Peca Jr. was born and raised in Batavia with five brothers and sisters. He is descended from Italian heritage on both sides of his family.

His mother’s family came from Rome and his father’s from Chieti. He attended Notre Dame High School, graduating in 1970. He was proud to be an All-Catholic wrestler, Class President, and Student Council President.

He has been happily married to Gerrie (Sandlin) Peca for the past 44 years and has three children Theresa (Peca) Pellegrino, Kelly Peca and Anthony Peca lll, along with seven, soon to be eight grandchildren.

Following college he worked with his father and brother at Batavia Turf Farms Inc. Since 2000 he has been Sales and Operations Manager at Reisdorf Oil and Propane.

He is a proud Italian-American.

The dinner is Oct. 11 at Terry Hills. Tickets are available at Ben's Appliance, V.J. Gautieri Construction or any board member.

Paul Kesler named principal of Batavia High School

By Howard B. Owens

When this year's seniors at Batavia High School are handed their diplomas this spring, they will see a familiar face, a face they've known since they were kindergarteners in the City School District -- Paul Kesler.

This winter, Kesler will end a 13-year run as the principal of John Kennedy School and become principal of Batavia High School. He was appointed to the new position tonight by the school board. He begins his new position Dec. 22, the first day of Winter Break.

His 16-year-old daughter, now a sophomore at BHS, but also once a student at JK, also approved of the move.

"I wasn't sure how she would react but she got a big smile on her face and she said, 'Dad, kids that went to John Kennedy, they still talk about John Kennedy. They really respect you.' So when your own daughter feels like it's a good thing, that's pretty confirming."

Kesler also got a ringing endorsement from Superintendent Chris Dailey during the board meeting. 

"You have a lot of people behind you," Dailey said. "You’re going to do great things. Your dedication to your community and your school is outstanding. We can only expect great results, so no pressure. But, hey, you do the great things you do here at John Kennedy at the high school, the high school will have the same kind of results we’ve seen here."

Kesler, originally from Utica, started his teaching career in Rochester. He was a kindergarten teacher, a second-grade teacher, a reading specialist and an instructional coach for three years before moving to Batavia.

He has a daughter who is a junior at Boston University, two children attending BHS, and a child who is a student at JK.

Two weeks ago, after setting aside all the prior principal applicants, the district hired Dennis Kenney as interim principal. His contract runs through Dec. 21.

Dailey said when the initial search for a new principal didn't turn up the perfect match, he thought about the criteria the district sought in a candidate and realized they already had the perfect candidate in the district with Kesler.

One hallmark of Kesler's oversight of JK is his promotion of STEAM (Science, Technology, Engineering, Art and Math) and he's looking forward to continuing that effort at the high school level.

"I think you know we always have the instructional challenges of a small city district, especially in the performance of some economically disadvantaged students, particularly in the areas STEAM," Kesler said. "Those are some of the areas that are a challenge for any small city district. I'm excited about having that connection between what we do in the elementary school all the way up through high school."

There's really only one downside to moving to BHS, Kesler said -- leaving behind the staff and faculty at John Kennedy.

"I don't cry much but I was very close today as I told staff after school," Kesler said. These are just fantastic people. You know, they've been part of my family. My whole experience in 13 years in Batavia has been here. That's going to be the struggle, saying goodbye."

Mall merchants may be close to reaching agreement on litigation with City

By Howard B. Owens

The City and Mall Association have seemingly been on the verge of a settlement in the drawn-out legal fight over the future of the downtown mall, but maybe this time the case can finally come to a close.

According to Mall Association President and Operating Committee Chairman Robert Chiarmonte, the mall board has been updated on details of the latest draft of the deal.

"There's a current supposed agreement that's pretty recent but it's not ... approved by either side yet," Chiarmonte told WBTA. "Each merchant has to approve and sign off. It's not it hasn't gotten to that point yet. The meeting that we had last night was mostly informational. There was no voting actually took place."

It's not certain the owners of all the mall parcels will agree to the settlement.

"Both sides have to agree before we can bring it to a vote," Chiarmonte said. "There are some things in that agreement that we do agree on but I can't discuss most of that. ... It's probably closer than it's been but there are still a few hurdles we need to get passed before we can call it an agreement. I don't think I can discuss details of the agreement at this point because it's still considered an act of litigation. I am hoping that we can come to an agreement soon because it's been going on for a very long time."

City officials have been waiting since most of the year for the mall owners to agree to a settlement they thought attorneys for both sides had accepted in February.

Law and Order: Judge Road resident charged with assault

By Howard B. Owens

Shane Kyle Logan, 45, of Judge Road, Tonawanda Indian Reservation, is charged with assault, 3rd. Logan allegedly struck another person in the face with his fist with intent to cause physical injury.

Renae Ginine Porter, 37, of East Main Street, Batavia, is charged with petit larceny. Deputy Ryan DeLong responded to a complaint of shoplifting in progress at Kohl's Department Store at 4:19 p.m. Monday. Porter was identified as the suspect, located and taken into custody. DeLong was assisted by Trooper Bill Franz and Batavia PD Officer Chris Lindsay.

Jeremy L. Lonnen, 26, of Garland Avenue, Rochester, is charged with aggravated unlicensed operation, 2nd, and failure to use headlights. Lonnen was stopped at 9:51 p.m. Saturday on Holland Avenue, Batavia, by Officer Christopher Linsday. Lonnen was jailed on $1,000 bail.

Nicholas M. Canty, 20, of Law Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd. Canty was arrested by Officer Stephen Cronmiller following an investigation into an incident where Canty may have been under the influence of drugs at 10:15 a.m. Saturday on Law Street, Batavia.

Barbara E. Ferrando, 46, of Summit Street, Batavia, was arrested on a warrant. Ferrando was located by a probation officer and taken into custody by Batavia PD.

Jaylyn Shayquawn Strong, 22, of Mazda Terrace, Rochester, is charged with aggravated unlicensed operation, 3rd, driving without a license, no stop lights, unlawful possession of marijuana, and aggravated unlicensed operation, 2nd. Strong was arrested on a warrant by the Sheriff's Office and turned over to Batavia PD.

Bedroom fire reported on Spruce Street in the city

By Billie Owens

A bedroom fire is reported at 20 N. Spruce St. Residents advised to evacuate. It's gone to a second alarm. City fire is responding, including all off-duty firefighters, along with mutual aid from Alexander's Fast Team and a tanker from Elba. Town of Batavia is asked to stand by in their quarters. Two Mercy medic units also called to the scene.

UPDATE 8:41 p.m.: All residents accounted for. A firefighter may have been injured. He may have suffered heat exhaustion or dehydration.  

UPDATE 8:50 p.m.: A cat is missing.

UPDATE: Added the last four photos, taken by Frank Capuano.

Photos: Alecia Kaus/Video News Service

GLOW Cup raised $22K for Y, winner of T-shirt contest announced

By Howard B. Owens

Press release:

The fifth annual GLOW Corporate Cup was a great success again this year as close to 900 runners and walkers participated in this 5K event. The goal of this event was for local businesses to form racing teams, compete in a fun atmosphere, and crown a winner of the Corporate Cup.

The race brought in more than $22,000 in support of the GLOW YMCA. This event would not be possible without the support of the premiere sponsor, Merrill Lynch. The money provides support to the YMCA’s scholarship program. At the Y, no one is turned away due to the inability to pay. Last year the Y provided more than $200,000 in scholarships to youth, families, and seniors in need of support to better benefit their lifestyles through health and wellness.

Part of the GLOW Corporate Cup race is for local businesses to design T-shirts to show their creativity. The first place T-shirt winner receives a $500 donation to the charity of their choice. Sharpe Training LLC won the T-shirt contest and owner Holly Sharpe graciously donated the $500 back to the YMCA.

The YMCA would like to extend its deepest gratitude to both Merrill Lynch and Holly Sharpe for their donations and dedication to the Y scholarship program.

Pictured above are Chris White, Holly Sharpe, Rob Walker and Olivia Rogers.

Law and Order: Swan Street resident accused of repeatedly punching another person

By Howard B. Owens

Bobby Lee Mobley, 32, of Swan Street, Batavia, is charged with assault, 3rd, and criminal mischief. Mobley was arrested as a result of an investigation into an incident Aug. 28. Mobley is accused of punching another person numerous times and of damaging property at 574 E. Main St., Batavia. A warrant was issued for Mobley. Officers Marc Lawrence and Nicole McGinnis report they located Mobley hiding in a basement.

Sabrina M. Higgins, 22, of Church Street, Basom, is charged with theft of services and conspiracy, 6th. Also charged, Rae C. Cook, 28, and Latiqua S. Jackson, 25. The three women are accused of eating a meal at Bourbon & Burger Co. in Batavia and then leaving without paying their bill.

Ricky Allen Marsceill, 53, of East Main Street, Batavia, is charged with criminal use of drug paraphernalia, 2nd, and bicycle on a sidewalk. Marsceill was allegedly found in possession of drug paraphernalia after being stopped at 10:06 p.m. Sept. 25 on Main Street, Batavia, by Officer Christopher Lindsay for allegedly riding his bicycle on the sidewalk. In a separate arrest the next day, Marsceill is charged with criminal possession of a controlled substance and criminal use of drug paraphernalia. At 12:29 p.m. Tuesday, Marsceill was allegedly found in possession of crack cocaine and drug paraphernalia.

Woodrow C. Horseman, 41, of Ellicott Street, Batavia, was arrested on a warrant for alleged failure to appear. The charge stems from an alleged theft of beer from Tops Market. He was jailed on $5,000 bail.

Tracy D. Pike, 58, of Godfreys Pond Road, Bergen, is charged with harassment, 2nd. Pike allegedly threatened another motorist at 4 p.m. Sept. 13 on East Main Street, Batavia.

Shayla L. Sharrock, 32, of Stowell Drive, Rochester, was arrested on a warrant for alleged failure to appear in City Court. Sharrock was jailed without bail.

Kaila I. Tidd, 32, of Holland Avenue, Batavia, was arrested on a warrant for alleged failure to appear. Tidd turned herself in for alleged failure to appear on building code violations. She posted $250 bail.

Dakota O. Irvin, 26, of Bank Street, Batavia, was arrested on a warrant for alleged failure to appear. 

Shane E. Dann, 41, of Swan Street, Batavia, was arrested on a warrant for alleged failure to appear. Dann's vehicle was stopped for an alleged traffic infraction on Washington Avenue by members of the Local Drug Task Force. Dann was ticketed for alleged obstructed view and operating on a suspended license. He was also allegedly found in possession of marijuana and issued an appearance ticket. He was arraigned and released under supervision of Genesee Justice.

Samiria C. Brown, 29, of Carnary Street, Rochester, was arrested on a warrant for alleged failure to appear on an aggravated unlicensed operation charge. Brown was stopped for an alleged traffic violation in Greece and turned over to Batavia PD on the warrant.

David L. Hausler, 29, of South Main Street, Batavia, is charged with disorderly conduct. Hausler allegedly threw objects at a vehicle driving past him on South Main Street at 1:29 a.m. on Sunday.

Bryan J. Yockel, 29, of Rochester, is charged with unlawful of marijuana. Yockel was stopped by State Police in Oakfield at 8:49 p.m. on Sunday.

Sexual predator back in Batavia to stand trial on assault charges stemming from incidents in jail

By Howard B. Owens

Four months after being sent to prison for 15 years, serial sexual predator Marlek Holmes is back in Batavia today for the start of a trial on a pair of second-degree assault charges.

The charges stem from incidents in the Genesee County Jail.  Holmes is accused of assaulting inmates in the jail. After the second incident in December, Holmes allegedly damaged jail property, so he also faces a criminal mischief charge.

The 43-year-old Holmes, who has already spent 14 years of his adult life in prison, was sentenced in May after agreeing to a guilty plea to attempted criminal sexual act in the first degree 

Holmes was originally charged with Class A felonies of predatory sexual assault and predatory sexual assault against a child. 

Jury selection in this new trial will begin this afternoon.

Holmes appeared in court this morning dressed in a green state prison jumpsuit and escorted by state prison guards. Judge Charles Zambito agreed to delay the start of jury selection a couple of hours to allow Holmes more time to meet with his attorney and to change into civilian clothes before the jury sees him.

Construction set to begin on new facility for Mercy Flight in Batavia

By Howard B. Owens

Mercy Flight/EMS broke ground Friday on its new 11,500-square-foot facility off Route 98, just north of the Thruway, in the Town of Batavia.

The facility will become the new staging area headquarters in Genesee County for the ambulance service.

It's a $2 million investment by Mercy Flight and is located on 2.2 acres in the Gateway II project on Call Parkway.

Photo submitted by Mercy Flight.

Two-car accident with injuries at Oak and Richmond

By Howard B. Owens

There is a two-car accident with injuries at the intersection of Oak Street and Richmond Avenue, Batavia.

CIty fire along with two ambulances from Mercy EMS on scene.

City fire will conduct hydrant flushing Monday

By Howard B. Owens

Press release:

The City of Batavia Fire Department will be flushing fire hydrants on Monday, Oct. 2, from approximately 9 a.m. to 3 p.m. in the general area west of Bank Street and north of West Main Street.

Homes and businesses nearby will be affected. These tests may result in a temporary discoloration of water in that area. As in the past, please do not attempt to wash any clothing if your water appears discolored. If you do experience a discoloration of your water, run cold water for about 5 minutes or until clear.

New book corrects the record on Emory Upton's attitude toward the military and the republic

By Howard B. Owens

At the intersection of Main and Ellicott stands a monument to Gen. Emory Upton, Batavia's most revered military figure, and for good reason, says history professor and now Upton biographer David J. Fitzpatrick.

Upton distinguished himself during the Civil War in battles at Salem Church, Spotsylvania, Opequon Creek, and in other engagements.

"He was one of the outstanding regimental commanders of the war," said Fitzpatrick, who teaches at Washtenaw Community College in Ann Arbor, Mich. "He had a tremendous tactical success at Spotsylvania."

The fact that Upton is still discussed among military leaders and those interested in military history, though, has more to do with his ideas and what he scribbled on paper than what he accomplished on the battlefield.

Some of what Upton wrote has led to more than 50 years of the Army officer being misunderstood and misrepresented, though, according to Fitzpatrick.

In the mid-20th century, Upton gained a reputation as a Prussian-inspired militarist with little respect for democracy. That assertion doesn't fit the documents in the historical record, Fitzpatrick contends and he makes that case in his new book: "Emory Upton: Misunderstood Reformer" (University of Oklahoma Press).

"Upton is an important figure in U.S. military history," Fitzpatrick said. "He's a figure a lot of people don't know about."

While you might expect a book steeped in military policy and battlefield strategy to be dull and dry, Fitzpatrick has written a story that is fascinating and at times even a real page-turner. Upton was a man both of action and ideas dealing with some of the most important considerations that would shape history after his death in 1881.

Batavia's Civil War hero was born to a farming family in Genesee County Aug. 27, 1839. A devout Methodist and a fervent abolitionist, Upton attended the era's most famous integrated college, Oberlin, before being accepted into West Point, graduating eighth in his class in May 1861 (The only blemish on his West Point career was a fight with a Southern cadet who made remarks behind his back, hinting that Upton had sexual relations with a black girl at Oberlin. Upton took offense and when the cadet wouldn't explain himself, Upton challenged him to a duel that became a fight in a West Point dorm.)

After the war, Upton was sent on an 18-month tour of Europe and Asia to study the military tactics of countries on those continents, especially Germany. When he returned he wrote "The Armies of Europe and Asia," "A New System of Infantry Tactics" and "Tactics for Non-Military Bodies" (aimed at civilian associations, police and fire departments); and more than 20 years after his death, his unfinished work, and most important book, "The Military Policy of the United States," was released by the War Department.

There were aspects of the military position in Germany that Upton admired and these served as a basis of Upton's recommended reforms to the U.S. military. This led to charges among critics that Upton and his like-minded reformers were trying to foist Prussian militarism on the United States.

These charges were amplified with the publication of a book in 1960 by Russell Weigley, "The American Way of War," which traced the intellectual development of military strategy and policy, and Stephen Ambrose, with "Upton and the Army," in 1964.

To Fitzpatrick, the real offense to Upton's legacy was the book by Ambrose. Weigley can be forgiven for getting Upton wrong, Fitzpatrick said, because he wasn't writing a biography, but Ambrose's biography began as his dissertation (and was published verbatim in book form). 

"Ambrose was doing a biography but didn't dive into the sources he should have," Fitzpatrick said. "I think Ambrose read Weigley and just decided to echo Weigley."

Fitzpatrick poured through the letters of Upton, among other documents, with help from Sue Conklin, who at that time was Genesee County's historian, and the Holland Land Office Museum (Fitzpatrick was provided a CD of images of all the Upton letters in the HLOM's collection).

And going through Upton's letters isn't an easy task.

When arranging a visit to the County's history department, Fitzpatrick told Conklin his topic and Conklin told him, "Have you seen his handwriting?"

"No," Fitzpatrick admitted.

"You might want to consider another topic," was her droll response.

Fitzpatrick doggedly stuck with Upton's letters, however, which provided insight overlooked by Ambrose into Upton's thinking on military planning and civilian government.

Upton believed the Union could have ended the Civil War before the close of 1862 (it wouldn't end until 1865) if the military had been led by more competent officers, had been better equipped, staffed with more men, and Gen. George McClellan hadn't been hampered by interference from civilian bureaucrats, notably Secretary of War Edwin Stanton.

Even though Upton had been critical of McClellan during the war, his animosity toward Stanton was even deeper.

"He starts to twist history to make Stanton into the bad guy and McClellan a genius," Fitzpatrick said. "He wrote (in a letter) that he was having a hard time with 'the McClellan question,' as he calls it. It is really causing me trouble, he said. I hear him saying that he's having a hard time making the facts fit the story. Stanton was a meddling failure, not that it was McClellan himself who caused his failures."

The focus on Stanton, however, Fitzpatrick concludes, isn't because Upton is against civilian leadership of the military, but rather a concern that a war secretary with too much power could potentially use that position subvert the country's republican form of government.

Upton's reform ideas included mandatory retirement at age 62 for officers, rotation of officers between artillery and infantry, promotion on merit rather than seniority, and more training for officers.

While Upton was distrustful of democracy -- like Alexander Hamilton, fearing mob rule -- he saw the role of the military as protecting the nation's republican style of government. 

He took note of the dictatorial powers assumed by George Washington and Abraham Lincoln -- "arbitrary arrests, summary executions without trial, forced impressment of provisions, and other dangerous precedents" for Washington; and in Lincoln's case, the suspension of habeas corpus, arbitrary arrests, and the seizure of the railroads, along with "opening the treasury to irresponsible citizens" -- and concluded with a query. If that is what happens when good men without a genuine dictatorial impulse are president, what would happen if a true authoritarian took office and there was a war?

Upton wrote, "Let us not stultify ourselves by talking of the danger of an army, but rather reflect that the lack of one may at any time, in the space of two years, bring upon us even graver disasters than Long Island or Brandywine, or the two Bull Runs ... Our danger lies not in having a regular army but in the want of one."

In other words, Upton concluded a professional military, vowed to protect and defend the Constitution, as a safeguard against civilians, especially the president, grabbing dictatorial power.

Upton was one of several reformers, Fitzpatrick said, who saw the need for a more highly trained military and professional officer corps heading into the 20th century but in Upton's lifetime, most of Upton's reforms were thwarted by politics. For the North, another insurrection seemed impossible and there was no apparent external threat to U.S. sovereignty, so reform didn't seem like a pressing need. The South was distrustful of the Army in general following Reconstruction.

The lack of external threats prior to 1860 is also one reason Fitzpatrick thinks Upton's idea that the war could have lasted less than two years with better preparation is unrealistic.

While it's interesting to contemplate how history might be different if the Civil War had come to an end before 1863 -- no Jim Crow South, as one potential outcome -- it would have required the Union to have in place a large, well-trained and equipped Army by 1860 and Congress would never have approved the expenditure.

"The only reason to have a large, well-trained Army prior to 1860 was to repress the South and Congress would never have done it, so it's kind of a moot question," Fitzpatrick said. "You never could have ended the war in 1862 because you would never have gotten the Army you needed."

By 1881, Upton began suffering from debilitating headaches. He was transferred to the Presidio in San Francisco but managed to delay assuming the command for three months while he sought treatment in New York. A doctor diagnosed a sinus problem and provided an electric treatment, which brought no relief. Upton probably suffered from a brain tumor. He transferred to San Francisco but the headaches grew worse. On March 15, 1881, he wrote his last words. A two-sentence letter to the adjutant general to tender his resignation. He then apparently took his own life with a revolver.

He was proceeded in death by his wife, Emily, and they are buried together in Auburn.

At the time of his death, "Military Policy of the United States" was incomplete and unpublished. The manuscript passed to a friend and slowly it circulated among the Army's officers, gaining a reputation for its insightful look at military policy and strategy. In 1904, the War Department published the book minus three chapters.

One of the chapters dealt with Roman military history and when Fitzpatrick first came across it, he thought it rather odd. It was placed between two unrelated chapters, which was also odd.

Years later while continuing his research, Fitzpatrick recognized Upton probably wrote the chapter quickly in a period of inspiration and that it contained a lesson relevant the political situation of the time.  

While Upton admired President Ulysses S. Grant as a general, he was appalled by the corruption in his administration.

The Roman Republic possesses an interest, civil as well as military. "Forewarned is forearmed." Free people like the Romans admire heroism and love to reward military achievement.

No monarch in Europe has to day [sic] the power of an American President. With the consent of the Senate, from the Chief Justice down, he has the gift of more than 90,000 civil offices, any one of which save the judiciary, he can vacate and fill at pleasure.

Ever since the acceptance of the pernicious maxim "To the victor belong the spoils," these offices, like so much gold have been distributed by the senators and representatives to the men who have been, or maybe, most loyal to themselves or the party. 

With the people thus accustomed to executive corruption let us imagine, as under the Roman System, our President, in uniform, booted and spurred, galloping from the White House to the camp, his military retinue swelled by senators and representatives, fawning for favor and scrambling for spoils, how long it be asked would our liberties survive ... 

To historian, from example of Rome, might not fix the exact duration of the Republic, but he could make at least one prophesy of speedy fullfllment: At the first [meeting] held at headquarters the means would be discussed of prolonging the term of the President, if not the more startling propositon to declare him President for life.

"Upton wasn't writing about Rome," Fitzpatrick said. "It was about Ulysses Grant. He was writing at a time when Grant, running for a third term in 1880, was being seriously discussed. He had come to a different opinion of Grant. He had seen all the scandals of Grant's administration, and while he admired Grant as a general, the scandals appalled him.

"He's not talking about an imaginary president climbing on a horse. He's talking about Grant. If Upton was really a militarist interested in a military government, that wouldn't have bothered him at all."

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