Evening star., 1896-07-29
THESENTENCE DISAPPROVED
Secretary Herbert Sets Aside the Findings
in the Webster Case.
Holds That the COurt-Martinl Was
Seriously Irregular and Quashes
the Verdict.

The Secretary Of the Navy has disap-
proved the proceedings, findings and sem
tence of dismissal imposed by court-mar
tiaI held at Mare Island, Cal, recently. In
the case of Passed Assistant Paymaster
Edwin b. Webster. lately attached to the
Yorktown on the China station. The Off
Ger was accused of having retained a bond
exacted from his pay clerk. w. J. Tobin.
after having dismissed the clerk. The Sec
retary finds that there were grave infor-
maiities in the proceedings Of the court
which convicted the officer, and moreover
inclines to the belief. based principally upon
the testimony Of Chief Engineer Harrie
Webster. brother officer on the York
town, that the money, amounting to 81 800,
placed in the paymaster's hands by Tobins
mother, was technically a loan and not
bond.
The Secretary's Review.
Secretary Herbert has made an elaborate
review Of the evidence before the court
martial in this case, and his caustic COM
ments and action thereon, are shown by
the following extracts from his memoran-
dunn:
IF the accused is entitled to the benefit
of every doubt. which may reasonably
arise from the evidence, and If the benefit
of that doubt is to be accorded to him in
the consideration of every portion of the
evidence, then II is fair TO assume that w.
}. Tobin and Paymaster Webster both
treated this transaction a loan. They
are presumed to have known its nature
and in the light Of these facts and circum-
stances it cannot be assumed as proven
that when Paymaster Webster asserted in
his letter to the Navy Department that
this transaction was a loan, and was in no
sense bond, he was guilty of deliberate
falsehood. 1t Is true that although even If
the contention of the accused be admitted
m 9 u-aC Inor 1,t
Tobin to him, 1t would, nevertheless, have
been security in his hands, and there
fore, In the nature of a bond, because in
suit to recover it, he might have pleaded
any dereliction of his clerk by which he
had lost money as a set-off, but it cannot
be assumed that this legal result was in
the mind of Webster when he was asserting
that this transaction was a loan and not
In the nature OF bond.
To be Considered a Lean.
''The language OF the original receipt
given by Paymaster Webster for the $500,
1t is forcibly argued. sustains the conten-
ton of the prosecution. as the money was
received 'on account of deposit for w. ].
'Totin.,' This is undoubtedly the natural
sigrfication of these words-that it was a
deposit for w. ]. Tobin-meaning that it
was a security for his conduct as clerk,
but such receipt as this is legally explain
able by parol evidence. and like every other
contract is to be interpreted in the light
of surrounding circumstances. The re-
cefpt given at Shanghai on account of
loan is SO strong to show that two of the
parties to this transaction treated it as
loan, that the department feels impelled
to declare that this case is not made cut
beyond reasonable doubt. No matter
what the original contract shows on its
face; no matter what may be its legal sig
nifcs nee, the issue here does not arise upon
the true Interpretation of that instrument.
The question is how did Webster under
stand It, If he understood it, and treated
1t, as loan. it cannot be affirmed that he
is guilty.
said in conclusion is. in any sense in which
1t may be viewed, dsgraceful to Paymas-
ter Webster, and to the navy. 1t would
seem to have been violation Of the spirit
II not OF the letter OF section 17S1 of the
Revised Statutes, prohibiting any officer
or the government taking money or other
consideration for procuring an appoint
ment.
Warning to Webster.
But however that may have been, it is
soandalous that Paymaster Webster should
fail to ray back, after the termination
Of the service Of Tobin. money received
by him in consideration Of Tobin's ap-
pcintrnent as clerk And should he for
any great length Of time in the future
persist in this failure the department may
be expected to proceed further in this mat
ter. The failure, hereafter. to pay this
money will be new and distinct offense
not covered by anything which has oc-
Cured in this trial.
For the reasons herein stated the pro-
ceedings, findings and sentence Of the court
in the foregoing case are disapproved
Passed Assistant Paymaster Webster is
released from arrest and restored to duty"