Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-08-16
Petition to the President for Miti-
cation Of Sentence.
BIRKHIMER PICTURED As A MARFINfT
Instances Stated of His Treatment
of Enlisted Men.
WHAT MR.. MORTON SAYS

A great deal Of Indignation Is shown
by men who have been subordinates
to Lieut.. William E. Brkhimer of the
third artillery over what is regarded as an
excessively severe sentence imposed by
court-martial upon Private Thomas Gill.
who knocked Lieut.. Birkhimer down in
the arsenal some time ago, and Is now
serving a sentence of four years in the
renitcntiary for his act.
A Petition to the President.
A petition is now beirg circulated in
order to secure a reduction of the SEN
tence, of which the following is a copy:
WASHINGTON. D. c., August 49, 1895.
To the President,
Through the Honorable, the Secretary
of War:
We, the undersigned, citizens of the
United States, who We're on duty with the
meteorological service of the signal corps
at the time that Lieut. VIM. E. Birkhimer
was herewith connected by detail from
the third artillery, desire to petition you
for reduction of sentence imposed by
ccurt-martfal upon Private Thomas Gill,
until recently on duty at the arsenal in
this city, for assault upon the person of
the said Lieut.. Birkhimer. Each one of
us feels that the said Lieut.. Birkhimer,
while so detailed as his superior officer,
sought to impeach the standing, honor and
dignity of his subordinates by his un-
gentlemanly conduct, overbearing manner
and tyrannical methods; that in his hands
laws created Ey wiser heads and humane
hearts for the proper subservience of mill
tary discipline were SO rigidly drawn and
executed as tc make those whom they
were intended to kindly govern feel that
they were degraded in the eyes of their
feflowmen; that in contradistinction to the
considerate and courteous treatment be-
slowed by many other officers, who were
able and consistent dscipIinarians, end
who were likewise detailed with the said
Birkhimer, the latters treatment of sub
ordinates was such as to detract from
their self-respect and render life BURDEN
some. In our opinion he was a martinez.
May not this justify the commander-in-
chief of the army in taking under advise
ment this petition i'll behalf of Private
Gill? May it not be that human nature
has at last revolted; and that his act was
the elimination of abuse long applied? Is
the person of an officer SO exalted that for
striking one man may receive a sentence
sometimes pass ed for manslaughter in the
District of Columbia?
In the rame of humanity We respectfully
protest against what we believe to be the
cruel punishment Of Private Gill for strik-
Ing his superior officer, Lieut.. Birkhimer
The offender was under the infiu-
ence of liquor at the time of the
assault, and there We're other mitigating
circumstances. The civil courts would
punish such an cffense with five or ten
days imprisonment, or fine of five or ten
dollars. Is not this sentence of four years
unnecessarily harsh and cruel, and IS il
not cut OF place in this country and in
this age?
Being Extensively Signed.
This petition has been signed, it is stated,
not only by nearly every man who has had
cause to serve Immediately under Lieut..
Birkhimer, but by number of merchants
and other citizens who are in sympathy
rbo
ing the petition desire to have it under
stood that they are not making a fight
against army discipline, but are merely
protesting against what they consider the
might be on the side of law technically,
passed all bounds of forbearance in his
manner of dealing with subordinates 1t is
said that Lieut.. Birkhimer. while at West
Point, established a reputa ton a fighter,
and that on one occasion he called down
upon himself great disapproval by knocking
out Fred. Grant in a fiSticuf. AS an in
stance Of the lieutenants overbearing
style, it is said that on one occasion he
happened to go to hotel in which one of
his men was stopping. The subordinate
was in the same town with the lieutenant
on business, but when the officer saw the
room ne refused to eat there until the man
left the house.
Stories About Bfrl<himer.
Many stories of despotic treatment are
told by men who have served In the sigma,
corps under Lieut.. Birkhimer. These men
say Of al the army officers who III the past
were in charge of that bureau, none acted
other than in a gentlemanly way toward
subordinates with the exception of Lieut..
Birkhimer. 1t is said that the officers gen
orally en6eared themselves to the men, and
when the time came for them to be de-
tached from that srvice, there was gen.
eral feeling Of regret. But in the case of
Birkhimer. it is said that they sang halle
iujahs of praise when his detachment was
announced. These men state that no su-
hordinate was ever treated in a gentleman
ly way by Birkhimer, who, they say, con-
si6ered it degrading to him to speak other
than in a tyrannical and dictatorial man
ner to the men serving under him, although
these subordinates. in social standing and
tn education, in most instances, were quite
equal with himself.
On one occasion it is said that an OBJ
server in the signal office called on Lieut.
Birkhimer, and the latter not recognizing
him, and believing him to be visitor of
meanor, Offering him the courtesy Of
guide to explain the instruments Of the
Office. 1t was presently developed that the
visitor was one of his subordinates, and an
enlisted man, whereupon it Is said that the
lieutenant was so chagrined by having
treated MIN politely that he abused him In
round terms. On another occasion it IS
said that Birkhmer met one of his sub
was escorting party of ladies to Cor
coran's Art Gallery. In order to degrade
the man, it is asserted, the lieutenant ap-
preached him. and in the presence of the
ladies forced him to give him the military
salute which his rank called for. Accord
ing to the articles of war, the lieutenant
was in the right, but such an interpreta-
ton of military etiquette, 1T is said is never
enforced except by martinets.
Rejoicing Over His Biackened Eyes.
So numerous are the men who claim to
have been insulted by Birkhimer that it is
said there was the greatest rejoicing when
1t was found that Private Gill had used
his fists to blacken the eyes of the officer
and had rolled him in the gutter While
every one comedies that this act the
part of the private was to be condemned,
those who sign the petition referred TO,
think that four years in the penitentiary
is an excessive sentence for such an as
sault. A similar case between citizens
would have resulted, after a trial in the
Police Court, in either light money SEN
tence or a short sentence in jail :
Gilps Case Could Have Been Better
Handled.
1t is further alleged that when Private