The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1896-07-29
THEY WAXED ELOQUENT
ATTORNEYS IN ARGUMENT BE-
FORE THE COURT.
Calm Contentious of Judge Robertson
Speaks of rejudice-The Charges
Capt. Kinney More Fiery.

and Kinney, attorney for the defense
and Judge Advocate respectively, be-
fore the military court Friday even
ing occupied two hours. The remarks
dwelt more specifically upon the evil
dence as elected from the various wit
nesses during the trial.
| Mr.. Robertson opened one of the
best addresses he has ever made by
calling attention to the unpleasant
task of the members of the court in
having to try the case of fellow Off
Ger, particularly one so trusted and re-
spected as Capt. Good. He said every
thing obtainable that might possibly
reflect upon the conduct of the de-
fendant as an officer had been collated
by the prosecution and used.
A conviction of conduct unbecom-
ing an officer and gentleman" could
not be reached at all under the first
five specifications. The language
charged could not render an officer
less efficient, or make him less a gen
tleman. No officer would refuse to
associate with him on that account.
An accusation of slang using might
fit the case. Surely nothing more than
this could Capt. Good called the riot
drill a "sailor drill" and as matter
of fact it was just that.
The missing sight matter was more
serious. Rhodes perhaps made mis-
take in not taking the sight person
ally to the President, but defendant
was not responsible for Rhodes err
rors. The first sight could not be
traced farther than defendants desk
These circumstances all through, SO
far as possible to bring them out,
prove conclusively that Capt Goods
neglect to report the sight did not in
dicate any jobbery of any description.
Whether or not he should have re-
turned it to Weatherby or reported it
to the Colonel is an open question. A
number of witnesses had testified that
the second sight was missing from the
gun on May 10.
From this point the attorney took
the evidence of several witnesses and
commented upon the prejudices of
some of them against the defndant.
He was particularly critical of the
Colonels position in the matter 1t
had been shown, he contended, that
ill-feeling existed between most of the
witnesses for the prosecution and the
accused. Mr.. Robertson was calm and
his argument clear and able.
The Judge Advocate in reply con.
tended that under our Military law
the offense known as conduct unbe-
coming an officer and gentleman"
covered not merely dishonorable con-
duct but also conduct subversive of
discipline such as was set out in the
first five specifications, there being no
separate offense in our law, as there
was in the United States, covering in
subordination and breaches of disci-
pline except the offense charged, to-
wit: conduct unbecoming an officer
and gentleman"
The Judge Advocate contended that
while the misconduct charged against
Captain Good outside the matter of the
sights were not over serious taken
alone and singly, yet when kept up
and persisted in was demoralizing and
had to be dealt with. Such talk when
chronic made peace and good order inn
possible.
Referring to the question of the
sights the Judge Advocate contended
Capt. Goods own admission made it
impossible to square his conduct with
honor He had admitted practically
in this connection, conduct quite as
dishonorable as that charged in the
specifications so that it was no long
er an issue whether Capt Good was
capable of dishonora6lc conduct at all
but cnly of tho diahonora5lc conduct
charged against him.
Defendant had admitted that Rhodes
Informed him the latter part Of Nay
that he (Rhodes) had abstracted the
sight and sent it to the President and
for six weeks Good concealed this in
formation from the Cabinet and his
superior officers and finally from a
Court of Inquiry of his fellow officers
called for the very purpose of ascer-
tanning how this sight had been alb
stracted. Capt Good was called be-
fore that court of inquiry, sworn and
asked if he knew anything about the
loss or finding of a sight from the
Austrian gun. He put in an evasive
answer that wholly concealed the