The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-05-31
AN INTERESTING CASE.
Man Who Has Escaped Two Convic
tioMs by TeehnlcaIitles.

Man Who Has Escaped Two Cenvic-
tiOMs by Teehnicalitles.
Frsnt the Portland Oregonian.
1t will be remembered that a man named
William B. Bird, who had been a soldier in the
United States army, was convicted some three
moRths ago by O court-martial at Vancouver of
a homicide perpetrated at Sitka, and sentenced
to fifteen years imprisonment at hard labor at
Alcatraz. The findings and sentence of the
court were forwarded to Washington, but were
disapproyed by the Secretary of War, who re-
turned them, on the ground that the military
had no. right to try the man.. and with
instructions that he should be handed
over to the civil authorities. Accordingly
he was brought back here on Sunday night on
the John l.. Stephens and placed in the custody
of Chief Lappeus. 1t appears that at the time
of the homicide at Sitka he was no longer o
soldier, having been discharged from the service
some weeks before. On this ground the Secre-
tary of War disapproved the action of the court
martial Yesterday application was made for
writ of habeas corpus to bring him before civil
court here. Judge Upton was absent from the
city, but the County Judge Hamilton, was ap-
piled to, who ordered the writ to issue, making
it returnable at II o'clock at that hour, Bird
was brought before the court, bat counsel were
not ready to proceed. Finally, application was
made to Judge Deadly, of the United States
Court, for another writ, which was granted and
the prisoner ordered to be brought before him
on Wednesday morning.
1t appears that Bird was charged some time
before the homicide with another offense at
Sitka. A court-martal was constituted by
General Davis, who also preferred charges
against him. By this court-martial he was
ordered to be dismissed from the service. The
papers were forwarded to Washington, but were
disappToved because an officer has not, sby
military law, right both TO prefer charges aud
appoint the court martial to try the offender.
1t was therefore ordered by the department that
Bird should receive his pay and allowances
until he was regularly discharged. Thus the
findings of two courts martial in his case have
been disapproved.
The man whom he killed at Sitka was Lieu
| tenant Cowan, of the revenue service. There
! was an alteration between Bird and a man
! named Brady; the latter, it is asserted, struck
| Bird on the head with billy and pushed him
out of door, Wheu Bird drew a revolver, which
was accidentally discharged. the ball passing
through the door and killing Lieutenant Cowan
Such is the statement related to us. Bird was
then arrested by the military, his citizens dress
taken off and a soldiers dress put on him; hC
| was kept for a considerable time in custody al
| Sitka, and was finally brought to Vancouver anC
tried by court-martial. The case as it nov
stands seems 10 be a knotty one. 1t seems Il
be question whether the civil authorities hav,
| Jurisdiction, it having been decided that tn
military have not. There is no civil governmen
in Alaska, and 40 provision has been made 70
the administration of Justice in cases arising il
that Territory.