The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-10-18
Caliph Wilcox Speaks Of Courts
Martial.
A WANT OF CONF DENGE
Stiff Lectures to Lawbreaklng
Soldiers-ConVictIon In Police
acknowledgements.

are members of Company b, First New
York. Private E. A. Rodgers was
tried by himself on the charge Of ma
| licious mischief and injury; Privates
Riley and Mcdonald were heard to-
gether on the charge of assault and
battery on a police officer. Marshal
| Brown, assisted by Deputy Attorney
General Atkinson, conducted the pros
| ecution; w. a. Kinney appeared for
| defendants.
In the Rodgers case three policemen
and the Chinese storekeeper were
called for the Government. They tes-
titled to the purchase of the lantern
by defendant, refusal to pay. the row
that ensued, arrest, scuffle with the
police and trip TO the station house.
Defendant put on one witness, Nc
| Donald, defendant in the other case,
| who put in a general denial to the evil
dence elected from the police wit
| nesses. Argument on both sides was
| sharp and strong.
A feature of the trial was a little
characteristic speech delivered by
| Judge Wilcox to the prisoner at the
time sentence was pronounced. 1t Gre
ated a bit of a sensation in the court
room. The Judge said:
Young man, find you guilty of ma
liciouS mischief and injury. L am
sorry, but it can't be helped The law
for the offense is pretty severe. l do
not care to impose the full penalty. In
fact l regret 10 punish a soldier. But
the Boys in Blue have been received
with open arms by this community.
All the troops now in Manila were
welcomed, Toasted and entertained
here. And what is the city receiving
in return? The outrages in ManOa
Valley upon the poor Chinese garden
ers would not be tolerated in New
York and is not soon to be forgotten
here. Walking into peoples houses at
Waikiki and similar acts are talked
about and condemned. Your acts of
last Saturday night are most repre-
hensible and you should be thorough
ly ashamed of yourself
You must not think that because
you wear a soldiers uniform you are
above the law. So long as you are on
Hawaiian soil, just so long are you
amenable to Hawaiian peace regula-
tons, unless in the extraordinary time
of martial law.
ut is in my heart to be lenient with
you. But you have sinned and must
be punished. If there was any pros
pect of your paying a just penalty be-
fore a military court, l would let you
off easy here. But, TO tell you the
truth, l have no confidence whatever
in your courts martial. \ short time
III "a
disgraceful disturbance at night in the
business center. Next day. when
complaints were to be made, your
commanding officer was sick abed and
could not be seen, but gave a big din
ner to friends that evening all the
same. The two officers were white
washed 1t might be the same with
you, young man. So, while l have you
here, l will impose a sentence which
| deem suitable to the offense, in view
of all the circumstances. / sentence |
you TO fifteen days Imprisonment at
hard labor and to pay court COSTS
Appeal was promptly noted.
Riley and Mcdonald were next ar |
raigned. Mr.. Kinney also appeared |
for them. Both men pleaded not |
guilty to the charge of assault and |
battery on police officer. Four pO- |
licemen testified that the two soldiers |
attempted to rescue the man who had |
been taken. They struck Captain Ka-
nae and one of them kicked another |
officer. Marshal Brown happened up |
and ordered both under arrest. They
were OverpOwered and locked up Att
the time six TO dozen soldiers were
present and big crowd OF civilians
had gathered.
The defense offered no evidence and !
Mr.. Kinney submitted the case with
out argument. The situation drew
forth another drastic speech from
the Court. Judge Wilcox said:
Your attorney, for reasons best
known TO himself and you. has put in
no evidence to rebut that brought for
ward by the prosecution. l mus.
therefore. find you both guilty. You
boys must know that policeman is
required to do his duty. If he makes
a mistake in an arrest. the place 10
rectify matters is before the authori-
ties at the station house The mo-
ment you attempt to wres- a man
from police hands you break the law.
You do your duty on military post: Il
policeman does his. If one of YOUR
men attempts to leave the lines with
out a pass. the sentry stops him and
turns him back. Why do you not then
Jump in. beat up the sentry and COM
pei him 10 let the man out? Il is the
same thing; a case Of breaking the
law at both hands. ! fine you $50
each and court costs"
Appeal was also noted in this case.
The object of appeal is to make some
Investigations at camp. IF IL is found
that the men are really guilty. ap-
pealS will be withdrawn.
\ soldier giving the name OF James
Smith, was aTraigned on the charge
Of using profane and vulgar language