Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-22
CAPT. STILES EXONERATED.
A Caustic War Department Order O,
the Case.


Maj. Gen. Schofield today issued a general
order to the army in regard to the case of
Capt. Daniel F. Stiles (retired, recently
acquitted by eourt-martiai Of charges of
conduct to the prejudice of good order and
military discipline, and of conduct unbe-
coming an officer and a gentleman. The
action of the War Department is embodied
In the following caustic order Of Assistant
Secretary Doe:
I'm the foregoing case of Capt ID. +. Stiles
Getired. late tenth infantry, the findings
OF the court are, by direction Of the Presi-
dent, approved. This case presents some
very peculiar features. A careful examina-
ton or the charges, specifications and testi-
mony clearly indicates that the complaints
against Capt. Stiles, in reference to the
matters under investigation, which origi-
mated In Oklahoma, were inspired by some
animus OF feeling not disclosed on the trial
other than an honest desire to bring the
guilty to justice. The testimony for the
prosecution convicted the accused of moth.
ing more than a slight degree of careless
hess in his business methods, for which he
should have been censured.
UnQuestionably Capt. Stiles ought to
have listed all the buildings upon the res
ervation which could be called buildings.
anu Wlch belonged to the government,
ana II he claimed the stable or other build
| ing to be private property he should have
obtained permission to remove the same.
The fact that he listed eight buildings only
while thirteen existed upon the reserva-
tlon-two of the extra five being claimed
to be private property and the other three
simply adjuncts to other buildings, or OF
too little Importance to be called buildings
Of all the buildings supposed by the ac-
cused to belong to the government were
reported and turned in by him, would
seem to negative any claim Of fraud on the
part par OF Capt. Stiles so far as the first
undoubtedly should not have returned an
account Of the sale of twenty-four cords OF
wood to Mr.. Lee before he had actually
made the sale to Mr. Lee and received the
pay. But inasmuch as the evidence does
not prove Capt. Stiles guilty Of any at
tempt or intent to defraud the government
in any part Of that transaction, 1t would
be entirely unjustifiable to have convicted
him under the second charge. 1t is un-
fortunate that the government should have
been involved In a direct expense approx
imating 5000. beside the time of fourteen
otficers-one colonel, one lieutenant colonel
| three majors and nine captains-for at least
twelve days (some 1900 more) upon Sc
trivial charge and upon testimony Sc
utterly insufficient to convict The pro-
ceedings also were almost inexcusably pro-
! longed by the court in listening to trivial
| irrelevant. incompetent and immaterial tes-
| timony, which, of course. added greatly to
| the unnecessary expense of the trial.
The trial of this officer should never
have taken place on these charges,
and the examination made by the inspector
should have shown a trial to be unneces-
| sary. 1t appears in that examination that
| very little attention was paid to any de-
| fense, and Capt. Stiles was not present
I'm view of the fact that this officer had
| serv ed twenty-six years in the army of the
| United States, and was within a short
| time Of his retirement, was in command OF
! a battalion of troops, and charged with a
| most delicate, unusual, and important duty
| in connection with the opening of the new
| territory to settlement. 1t would seem that
more care should have been taken and
| more definite and satisfactory evidence dis
| covered. if possible, and a better opportuni-
| ty afforded the accused to meet the charges
| when first made before trial by court
| martial was recommended.
"The Judge advocate states that through.
! out the trial a constant effort on the part
| Of the defense to belittle the case. Is ap-
| parent 1t is difficult to see how any eff
! fort could be necessary or efectual to ac-
complish this result, as the evidence fol
| the prosecution is sufficiently efficacious In
| that direction. AS a proposition Of law, the
Judge advocate was undoubtedly correct In
| claiming, upon the trial, that the building
erected by Capt Stiles at his own expense
| for a stable being attached to the realty
had become a part thereof, and therefors
| was the property of the United States gov
| ernment as a part Of the real estate. But
| 1t Is strange that an officer should bt
| charged with conduct to the prejudice OF
| good order and military discipline because
! not being a lawyer. he assumed that what
a man has bought and paid for must bs