New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-09
THE CASE OF PRIVATE GILL.
10y TELEGRAPH TO THE TRIBUNE.]

PRESIDENT CLEVELAND DECLINES TO EXERCISE
CI.EMENCY IN His BEHALF
Washington. Dec CSpeciaD.-The President has
acted adversely in the Of private solder Of
the Army IN relation to whom Cabinet officer an
acting head OF a Department Major General Miles
two other prominent Army officers and number
of clerks Of the Weather Bureau have shown much
interest The soldier is Private GILL; of the artil-
lery recently attached to battery serving at the
washington Barracks. Some time ago Gill was
tired and convicted by courtmartial on the ser-
Gus charge Of assauting superior officer. one of
the gravest of military offences The officer in the
case was Lieutenant William f. Birkhimer. 30 Ar
tilery 1t appeared from the evidence adduced that
Lieutenant Birkhimer detected Gil In commission Of
disorderiy If not scandalous, acts. and attempted
to arerst him. This particular misconduct OF Gill
is said to have been of sensational. nature, al
though for good reasons the facts not made
public. He resisted arrest and struck Lieutenant
Brkhimer a number of blows. Finally he made his
escape but subsequently apprehended.
The court-martial sentenced Gill to Imprisonment
for four years. The finding approved by Major
General Miles, then commanding the Department Of
the East OF which the Washington Barracks is a
post Shortly after General Miles's action became
known number Of employees OF the Weather Blu
reau who had formerly served under Lieutenan Mt
Birkhimer and who seemed particularly bitter
against that officer. drew a petition to the Presl-
charged Lieutenant Brkhimer with previous cruelty
and alleged that by nature he was harsh and
tyrannical
Petitions OF the kind are most unusual and this
brought forth little comment. 1t now ap-
pears that the clerks who addressed the President
enlisted the sympathy OF Secretary Morton. After
reviewing the history OF the case, the Secretary
made an Endorsement on the petition urging its
favorable consideration He seems to have lost
sight OF the fact that grave military question
was involved and 10 have forgotten that the per
sonaliiy OF Lieutenant Birkhimer did not enter
Into the matter. He based his recommendation on
the ground Of humanity" Then the record went
TO General Miles. who remarked tfat the case
was not one which in his Judgment called for
clemeacy, az GU had had far trial and was
convicted Of a serious military offence upon evil
uence which appeared 10 be conclusive 10 his
guilt
Then Colone. Barr. OF the judge Advocates De-
partment serving at the time General Miles
stan had an opportunity 10 express his views.
ms ne IA IN an emphatic manner He said. IN
BRIEF, that the character ana pagt conduct OF
Lieutenant lrkhmer not matter of issue:
that Gill had been Justly declared guilty OF the OF
fence alleged, and that clcmcucy should be
exercised In his behalf. Indirectly ana IN severe
terms he scored the petitioners for their accusa-
tons against Lieutenant Birkhlmer az being ir-
reve.ent and imnateriai. Next the record went u
Acting Secretary Of War Doc who in q brief in
dorsement said firmly that the case Was one when
deserved no special consideration at The hands 90
the President certainly no act OF clemencv. Tine