noon
When the said Vice-Sergeant-Major Roth emphatically repeated the order , the aforementioned Schmitz refused once more to comply therewith . This happened in the presence of the stable guards , and it is charged by the aforesaid Roth that Sergeant Schmitz was at the time in an intoxicated condition . SPECHT , _ First Lieutenant and Squadron Chief of the 2d Reserve Squadron . _ The foddermaster happened to be seated at his noon meal , when the sergeant-major stepped up , announced his arrest to him , and took him to the lock-up . There he was to remain until sentence should be pronounced in his case , for his offence had been officially designated as `` Peremptory refusal of obedience in the presence of men assembled . '' As such `` men assembled '' the two guards of the stable were regarded in the eyes of the law . The incident was reported from mouth to mouth throughout the regiment , and by far the greater majority were indignant at Roth 's action .