The morning times., 1895-08-17
GILL HAD NO FAIR DEAL.
Testimony Strong Enough to Hav
Caused His AcquittaI.

The Indignation of the comrades
at the Arsenal of Private Thomas
Gill, who was convicted by court
martial for striking a superior Of
ficer is at boiling point, and has been so
ever since the conviction. Gill was SEN
fenced to four years in the penitentiary
The soldiers are not SO much exercised
over the conviction as on account OF the
length OF the term OF imprisonment, and
also of the character of the testimony ON
which this excessive punishment was Sc
cured. Gill didn't have n fair deal is the
sum of the sentiment at the Arsenal. The
opinions and feelings of several of the men
were obtained on these points at the
grounds by Times MIN yesterday, and
every expression on the subject was in ac-
cord with the above Statements
In order, however, To give both sides of
the case The Times called at the War De-
partnent and made a request for an inspec-
tion OF the official testimony given at the
court martial. The War Dep artment,
however, appeared 10 be in a complete
state of business and official pa raIysis
AT THE CIR IRCUMLOCUTIoN OFFICE
The Secretary of War was absent, and
SO was the assistant secretary. The chief
clerk of the Secretary of War said that the
testimony had been filed, but that he had
10 authority to submit 1t for inspection.
He suggested, however, that application
might be made TO the assistant secretary.
The clerk OF the assistant secretary said
that he had no authority TO act. He con-
sented TO see what he could do, went OHt.
| and returned with the information that
the only way 10 get at the testimony was
on an order from the Secretary OF War,
who could be tcIegraphed for the perrnfs
sion. Both OF the clerks said that no
protests or applications on behalf of Gill
had been received by the Secretary of War.
At the Arsenal Lieut.. Birkhimer was
| seen. He sald that he had read The Times
| account of the Signal Service mems meet
| ing, but did not care to express himself
| OH the statements therein contained. Tn
der the present circumstances. he said,
where there was an intimation OF an inves-
tigation, it would be gravely improper for
! him to discuss the matter and he declined
| 10 do so.
| Several of the men, however, talked,
but on coudition that their names should
not be used.
| ONLY BIRKHIMER's TESTIMONY.
They said that Gin was convicted on the
unsupported evidence of Lieut.. Birkhin' er.
One OF them said that three OF the wit
! nesses swore that Gin was not at the
place where the assault and battery was
| alleged 10 have been committed and
| that clear alibi was proved. Other
| witnesses who saw and heard the assault
| could not identify Gill as the assaiIant.
7 This was especially true of the blacksmith
J on WHOM, it is said, Lieut.. Birkhimer
| relied for material evidence.
: Tie story Is that Gill entered the grounds
in an intoxicated condition. There was a
woman with him Lieut.. Birkhmer came
along and addressed gin i'll no very re-
spectful language. This attracted others
to the spot, and a row eusued, in which
the lieutenant was struck.
The impression Is abroad that the whole
business was a star cham Der proceeding,
in which it was absolutely necessary 10
vindiCate the officer against the private,
and the case resulted in the way it did.
DIDN'T IDENTIFY GILL.
1t is claimed that the evidence of the
blacksmith was sufficient to have based
verdict OF acquittal on. Two of the
took hand and that he too got blacl
eye When he was put on the stand he did
not identity GIL as the man who struc
him. on the contrary, he testified tha
his assaiIant was a man OF about zoe
pounds weight, whereas Gill is a small
man weighing not more than about 13C
| pounds.
gill is now confined at Fort ColuT bus
} ICIa - l1,s-
sion that there was SON ething rotten il
the case is based on a very Interesting
and suspicious incident.
just after his arrest the enlisted neI
subscribed to a fund to employ counsel
for him. In the meantime Lieut.. Cree
of Birkhimer's own battery, who/was de
tailed as Gnl's counsel, advised his client
to plead guilty Gnl thereupon objected
to this kind of counsel, and Lieut.. Towns
ley. OF the Fourth Artillery, was detailed
in Cree's place.
a MYSTERIOUS STRANGER.
On the following day a myste rious
stranger, who said lie was retired arm.
officer, called at the guard house and hal
a conference with Gill The stranger tolt
him that it was not necessary to spent
his money, that he would employ Counse
dI his OWN tA Itilse DIS ne Hdu Idhell III
interest in the case. Subsequently Frenc
& French, attorneys of this city, were em
ployed. After this the stranger was see
in company with Lieut.. Birkhimer.
The fact that French < French advertise
in the Army and Navy Register as attor
neys for officers and as army specialists
has caused the impression among the pri
Yates that the retired army officer playet
Gill false
II is the report at the Arsenal that Lieut.
BiTkhimer testified that the assault tool
place at specified spot near gas lamp
On the contrary, it is alleged that ther
is no gas lamp anywhere near the ind
Gated spot.
WHAT BIRKHIMER IS AFTER
Birkhimer is credited with being Cand
date to fill vacancy in the office of tn
Judge advocate general The men are O
the opinion that there will be poor Shoy
for them il he succeeds in his candidacy.
Since the agitation OF the case in TIL
Times, the army Officers at the Arsen;
have caused the public to be kept baC
from the front benches near the parad
ground, these being reserved for the
wives, daughters, and children
Gill was sent to the depot handcuffe
under an officer and detail of four mel
all armed. The meu who accompa nie
him to New York were also armed.
AS related exclusively in The Time
Birkhimer when he was in the Signal Sci