The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1895-09-02
CASE OF PVT. DUSHALSKY
A GARRISON COURT MARTIAL wIrH
SOME INCIDENT
A Fighter aud HIS Trial Points Of Law
Raised the President The Col
onel's Few Remarks.


court martial up at the garrison.
There has also been some letter
writing. Both are always worth
the while. This time they are of
unusual zest. A few weeks ago
Pvt. Dushalsky, who is tall,
handsome fellow with a temper
quick as powder, "slugged' Pvt.
Pilser. The latter is a rather slow
chap Of good height and good APP
pearance in the uniform. The
affair came off in the grounds
Pilger was pummeled in fashion
that would delight follower OF the
prize ring. He was no match for
Dushalsky and was on the sick list
several days.
A court was ordered by Col Nc
Lean. 1t consisted of one officer,
Capt Jno. Good of + Co. Capt. JIM.
Camara, c Co, was named as judge
advocate. The charge was laid by
Col Mclean
Dushalsky filed a demurrer. He
is a bit of a lawyer himself and
likely had assistance in making
his protest His grounds were
that there was irregularity in the
attitude of the Colonel in making
the charge, as the commanding Off
Ger was also to pass upon the find
ings and sentence.
The Court was cleared and the
demurrer taken under advisement,
1t was sustained in an opinion
carrying reference to numerous
authorities.
Colonel Mclean is stepped in
service law, but did not care to pass
upon the finding, which he thought
was entirely i'll error. His con
tention was that he made the
charge merely i'll ministerial
capacity. He did not prosecute.
He could not determine or increase
the sentence. He could mitigate it,
only.
Instead OF discussing the case
with the Court, the Colonel trans
mitted the findings to the Com
mander- in Chief with this note;
To THE PRESIDENT:
l have the honor to transmit
herewith the proceedings of
regimental court martial, convened
by court martial orders No. ?, dated
August 20, 1895, and respectfully
suggest that the same be reviewed
by the COMMUNICATIVE chief rather
than myself, for the following
reasons:
The decision involves the ques-
ton whether or not the colonel
commanding the first regiment, N.
G. H., has the power TO make a
charge aud also detail a court to
try the man in case within the
jurisdiction Of regimental court
martial. AS the propriety Of my
own action is involved, beg to be
relieved from passing upon the re-
cord.
Very respectfully submitted.
X. II. MCLEAN,
Col. commanding First Reg't,
N. G. II.
President Dole applied his judi
cial mind to the case at odd
moments for few days and with
the aid of military and civil law
authorities and precedents decided
that the court was wrong.
There were less than half a dozen
witnesses. After hearing the evil
dence, Dushalsky withdrew his plea
of not guilty and entered one of
guilty. He was found guilty, fined
IS and sentenced to five days in
Oahu Jail
Then the courts record and YER
dict and sentence went to the
Colonel for review. The whole
thing, in typewriter, is on the bull
letin at headquarters. This is the
text of the last page:
In reviewing the proceedings Of
the court martial in the foregoing
case of Pvt. X. Dushalsky, Co F,
Ist Regt., N. G. H.. after a careful
reading and consideration of the
record, a strong impression is pro-
duced that the court seemed to
think it was convened for the pur-
pose of discussing and contesting
fine points of law with the COM
handing officer.
Its references 10 previous COM
handing officers of the N. G. H.,
are impertinent and disrespectful,
whether intended to be so or not.
The sentence is disapproved as
being totally inadequate to the Of
tense.
Private r. Dushalsky is hereby
released from arrest and restored to
duty.
r. H. MCLEAN,
Col. Commanding First Reg't,
N. G. H.
This last page is nearly worn out
with reading already.
The words to which the colonel
objected were the following: "As
| it has been a well established pre-
cedent in the practice in the N. G..
H. under the command Of Col.
Soper and Lieutenant Colonel
Fisher"