The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1898-11-10
A NOVEL REPLY
Two Wrongs Make a Right, Says
Capt. Kilian.
WHY He BROKE FAITH
Unique JuStification-Did Not Find Time 10
Call on the Marshai-Ennance
in the Case

\ manifold copy of a long letter by
Capt. Kilian, whose bad faith with the
police authorities as recited by Mar
shall Brown, has been noted, was re-
ceived at this office yesterday The
Captain, who is of the First Nebraska
Regiment of u. S. Volunteers, and who
has been with the Camp Otis contin-
gent here, gives his address as Manila,
Philippine Islands, and misSpells both
| the name of the town and the name
of the Islands.
Capt. Kilian was accused by Mar
shall Brown of promising to produce
in court at a certain time two soldiers
Of his command who had been fined
for assault and battery, upon pleading
guilty, or in lieu Of presenting the
fines. $42. Kilian did not keep his
word. He admits this in the letter
which he sent to all the newspapers Of
the town yesterday. In justification
of failing to keep his word, the Cap
tain says that certain representations
were made to him by Marshal Brown
which were not carried out. He. re-
marks that what is sauce for the
goose is sauce for the gander."
The letter produced by Kilian viii
not be published in this paper because
it is not worth the space 1t would
cupy. His case in brief is that Mar
shall Brown, on the night the two men
were arrested, said that it might be
possible 10 have their fines suspended
in case they would plead guilty and in
the event that investigation disclosed
finding of facts as Kilian claimed
that is that the men had not offended
TO amount to anything Marshal
Brown said that the next morning he
would hear the story of the street af-
fair from his policemen and would
consult the Attorney General. The
next morning, so soon as Kilian ap-
peared in court he was informed by
the Marshal that the case was much
more serious than had at first been
reported or than il had been stated by
Kilian and that the direction of the
Attorney General, the head of the De-
partment, was to proceed with the
prosecution as with any other case.
The men were willing to plead guilty
and did so. kilian then contrived to
have them escape payment of the fine
or the imprisonment that would ensue
in failure to settle and succeeded in
doing so. On this point lillian has
the nerve to say:
The paper advertiser states that
the Marshal is $42 out of his own
pockets. If that is the case / am in
deed very sorry, but if il is true that
the Marshal has power to suspend
sentence, as he told me he had. he will
not be loser. l have so far not seen
the note which he is SAID to have sent
me. but l will try to see the Marshal
if it is convenient. People in any part
of Uncle Sans domain are fairminded
and believe in fair play. My course
may not be approved by some but l
do believe l did the right thing at the
right time and the right place. l may
be mistaken but my candid opinion IS
that l have acted fairly and squarely
for the boys, with the Court and all
concerned
The captain claims to be an attorney
and even an ex-judge, and all the at
tOrneys in town say that he should
know, if he knows anything at all,
that the Marshal has not the power 70
remit fines or suspend sentences. The
judicial officer
Il will try TO see the Marshal if it is
convenient says Kilian. kilian was
ashore from the Arizona yesterday and
the day before al times and hours
when the Marshal was at the police
station. but did not care 10 call. Mar
shall Brown left at . last evening for
the States. but Deputy Marshal Hitch
cock is acting in his place if Capt.
Kilian cares to make good as he
promised. or TO acknowledge the note
which was sent TO him aboard the
Arizona.
Marshal Brown was shown Kilian's
letter yesterday and said. Il stated
all the circumstances for the article
which appeared in the Advert ser and
the facts were given. This Cap.ain OF
Volunteers is simply in a low and
mean way defeating the law Of this
country. because circumstances place
him in a position to do so without
danger TO himself in any way. II he
could not call when he first said he
would, why did he not appear later or
send word For NV part I am willing