Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-03-25
PAYMAsTER WEBsTER's CASE
Tried by urt-hartial ,for, Failing to Rem
der His Acssgpp1ta
Admiral MeNaff DisA0proves the
Findings ana SRnt0nce and
Reprimands 10 iCOurt.

A curious state of aff6irS Is disclosed in
the case of Passed Assistant Paymaster
Edwin b. Webster, wHfcfrthas just been
reported to the Secretarysof the Navy.
This officer is attached tt the cruiser York.
town Of the Asiatic squadron, under COM
inland of Rear Admiral McNair. In FeD-
ruary last he was tried by general court
martial convened on board the cruiser
Charleston at Nagasaki, Japan, of which
court Capt. John ]. Read was president
and Capt. VIM. P. Biddle Of the marine
corps was Judge advocate. Three charges
were preferred against him, all growing out
of his alleged persistent delinquency In
the rendition of his accounts in violation
of a statute and regulation Of the navy
The first charge was violation of the law,
the second violation OF naval regulation
end the third was treating his superior
officer with contempt while In the execu-
ton of his Office"
The specification under the third charge
was that Webster persisted IN his de-
linquency in the rendition Of his accounts
after he had been officially admonished for
his previous failures In that respect by
the acting secretary of the navy. The
first and second charges We're proved by
the plea of the accused. With respect to
the third charge, the accused plead ''in bar
of trial, the non-jurisdictton of the court"
The record shows that this plea was sus-
was sentenced to be confined on board the
Yorktown for the period of three months
and to be reprimanded IN general orders
by the commander in-chef of the station.
Admiral McNair, in passing upon the
case took occasion to reprimand the court
fer informalities and Irregularities in the
proceedings in the case. In the first place.
he says it appears that the plea in bar of
trial made to the third charge was admit
ted as valid upon insufficient grounds; also
that the court did not acquit or convict Of
the third charge as required by the regula-
lions. THE accused" says the admiral,
has been found guilty, by his own adj
mission, of persistent violation of an act of
Congress during a continuous period of a
year and half and, for somewhat longer
time. Of a continuous violation of a lawful
regulation of the Secretary of the Navy,
and the court has sentenced him to be
confined board his vessel for three
months and to be reprimanded by the COM
mander-in-chief From the very nature Of
tie duties Of pay officer. the execution
Of the first clause Of the sentence Is i'm
practicable, and as an admonition from the
Navy Department was of no avail in cor
recting the course of conduct of Passed AS
sistant Paymaster Webster, there Is no rea-
son to believe that a reprimand admins
tered by the commander-in-chief would be
efficacious. The responsibility of every
officer or agent Of the United States, who.
having received public money which he is
not authorized to retain as salary, pay or
emolument, fails to render his accounts for
| the same as provided by law. is laid down
| in section 540l of the Revised Statutes.
| The errors in the proceedings being ir-
| remedial and the sentence entirely made
Quate, the proceedings, findings and SEN
| tence in the foregoing case Of Passed As
sistant Paymaster Webster U. S. N, are
disapproved. and he is released from arrest
and restored to duty"
This case calls for no action on the part
| Of the Navy Department.