The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-07-29

7 intended TO take something out OF
the gun TO show that l had been there
took the block ont OF the Waikiki gun
and returned it.
In answer 20 a question by Mr. Rob
ertson Mr. Rhodes described the
mechanism of the Austrian field pieces.
Judge Advocate Kinney then an
nounced that ne had closed his case,
and a recess of twenty minutes was
taken in order that Major Mcleod, an
absent member Of the court could be
sent for On his arrival the argu-
ment for the defense began.
Rep. Robertson spoke as follows:
If il please the court, l realize that
it is not a pleasant duty this court has
TO perform in sitting in judgment upon
a fellow officer and especially man
of Captain Goods standing he has
always been recognized as an efficient
officer and d man willing 10 do his duty
at all times 1t is all the more dis
agreed bic on account Of the charges
having been preferred by the Colonel
commanding. 1t has come to the
knowledge Of the court that the char
ges are not the same as the original.
Everything has been scTaped up to
place against Captain Good.
=
TWO parts: first, a matter Of law when
the charges were first read to the
accused, that the allegations in the
first five specifications do not support
the charges.
Admitting the truth of the first five
specifications, they do not make the
accused guilty of conduct unbecoming
an officer and a gentleman. [ have
70
find anything that would convict the
accused on the specifications (here At
torney Robertson quoted Winthrop de-
fining conduct unbecoming an officer
and a gentleman.
81 submit if the court please, taking
the language used in these specifica-
tions does not render him unfit to re-
main in the army or to associate with
the officers No man can be expected
to be better than his surroundings.
On the same basis a stream cOnnOt rise
higher than its source. There is
nothing morally degrading for an
officer 70 use the language used by
Captain Good on July 4th. Suppose ne
designated the riot drill as a -
- sailor drill it does not prove him
to be ungentIemanly. 1t is known as
a sailor drill because it originated
among the sailors. Even if he said
it was a -- sailor drill it does not
signify anything; it may mean that it
is neither one thing nor the other.
The most that can be said of the re-
marks is that it is slang and an officer
cannot be said not to be a gentleman
becauses he uses slang.
"The court will notice most cases
mentioned in Winthrop are something
inherently dishOnOTable except in
drunkenness"
Mr.. Robertson cited the law from
Winthrop and Ives and said a person
charged with one. Offense cannot be
convicted of another but one of kindred
degree. We have not in this country
an offense known as conduct preju-
dicial to good order In regard to
the evidence that has been given in the
first five specifications l submit after
the Captains explanation that there
was no insult, reflection or inSinua-
tions made as some of the witnesses
for the prosecution thought. The first
specification was not intended as a re-
Election on the commanding officer but
it is evident the prosecution considered
that he had made remarks against the
government / don't think there has
ecutfon that has sworn to hearing these
words spoken. AS to the remark re-
garding the selection of a man for the
head of the military but few witnesses
for the prosecution have sworn to this
and these men have admitted that they
were unfriendIy to him. Corporal
Neeley's description of the 4th of July
episode is amusing considering the fact
that the drum corps was playing and
the Captain yelled at the top of his
voice g. you, guide right.
The prosecution is evidently at sea
when it brings a charge of misconduct
on the parade ground on or about June
10. We have proven that the accused
was not at drill on that date or near
there The law gives the right to
amend a specification but not single
witness has offered any statement as
to the date when this took place.
Specifications and relating to the
missing sight are more serious. 1t isl
unfortunate for Captain Good that Mr.
Rhodes did not carry out his intention
in some other way. If he had taken
the sight 10 the President as he in
tended it would have been better for
Captain Good but he is not response
bic for the errors of Mr.. Rhodes. Re
IefflnS 10 JneSe TWO SlSHlS, TAKE hISI
the circumstances of Captain Good
sitting in his office and a sight being
handed him and placing it on the Ia
BILE. That is far as the sight has been
traced. Whether or not he should
have reported it OF the officer of the
day is an open question. The matter
of that sight was settled then. If
it had created any trouble it would
have left an impression on the Cap
tain's mind which he would have re-
membered today. That sight may have
been lost by a member of Co. F that
day or the day before. He may have
given it to a member of Co. F or
one of his own men to replace the sight
on the gun. 1t is not plausible that
Captain Good retained the sight for
the purpose of putting up a job on the
Colonel 1t is an insult to a man of