Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-16

would be provided for the private, and rest
ed on this promise. When Gilfs case came
up his counsel advised him to plead guilty
and throw himself on the mercy Of the
court, and the court In its mercy gave him
four years in the peniteuuary Gilps
friends say that they believe 1t would have
the case with better effect, and there is
now an inclination on the part of many of
them to secure coursel and see whether
it is not possible to have the proceedings
men who believe that under the circum-
stances attending the assault Gill should
have been arrested by the civil authorities
and given a trial in the Police Court. They
say that a court-ma rstial of a private by
officers who are not In sympathy with him
can never be followed by just sentence
In due time the above petition to the
Pre- esident will be forwarded to the White
House through Secretary Lamont, and an
effort will be made to present the case
before the Secretary CT War in such a
way as to secure his approval Of the pc
tition.
What Secretary Morton Says.
Secretary Morton was seen by a Star
reporter today and asked whether he had
formed any opinion in regard to the Birk-
himer- Gill case. which has been brought
to his attention by the fact that most of
those row petitioning the President are
employed under his department. Mr.. Nor
ton said that he only knew of the case
from hearsay. had not heard the evidence
and could not express any opinion. He
saw no reason however, why employees of
the government in their private capacity
as citizens should not petition the Presi-
dent to have what they believe to be
wrong righted. The right of petition, he
remarked, was accorded to every citizen of
the United States.
,.. The Case to De Reviewed.
The case of Thomas Gill, the soldier at
the Washington barracks. who WIS SEN
fenced by court-martfaf to four years i'm
prisonment at hard labor for striking Lieut..
Birkheimer, his superior officer, is now be-
fore the War Department The record of
the court, showing his conviction and SEN
tence, and the approval Of Major General
Miles, was received this morning by Gen.
Leiber, judge advocate general of the
army. 1t will be reviewed by that officer
to determine the entire legality and regu-
larity Of the proceedings Of the court, and,
in case they are found all right, there will
be no further action on the part of the
War Department, unless application should
be made to the President for executive
clenency, In which event the probabilities
are that the judge advocate generals Office
would be called upon to make a report of
the case for the special benefit of the Presi-
dent. Meanwhile there will be no interfer-
ence by the War Department with the exc
cution of the sentence. Fort Columbus, N.
Y, has been designated as the place of con-
fnement of this soldier. Under the regula-
tions. military convicts receive an abate-
ment of two months In each year for good
conduct. Therefore 1t is possible for Gill to
secure reduction Of eight months on his
sentence. GIL has been convicted of va
rious infractions Of .he regulation prior to
this offense, but they were all of a minor
and insignificant character. Striking a SUI
perior officer is a capital offense and, ac-
cordlng to the articles of war, may be pun
ished by death. even in iipse OF peace. The
punishment, however, may be of much less
severity in the discretion OF the court Ac-
cordng to officials of she War Department.
the only way that Gilps sentence can be
mitigated is by presidential pardon or COM
mutation, unless it;.. should appear that
ings Of the court by which he was con-
victed. in which case hS would be given
another trial. !,