The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-04
he DECLINES CLEMENCY.
,,Y DIRECTOR BILLINGS VIII 40
~ cEpT DISCHARGE ONLY.
.,,I r He 4. GuTty ne shouId ne Pnu-
S,...s .u, ,r Innocent. ne NE Contends ne
4. n. should ne Restored TO Duty-His
,.o, o.d Heroic Conduct In the war.

ava HI no - @NN
pe. 80, ,r Innocent. ne NE Contends ne
. ~. should ne Restored TO Duty-fais
..u.,t a-d Heroic Conduct In the war.
r,su,scros. March S.-The peculiar situa-
- a naval officer. convicted by q court
H III ~ serious charges and sentenced TO dis
- from the service, declining TO accept
I..,.,cv offered him except on his wi condt-
49, IA presented in the case OF Pay Director
Ss,h,rG Billings. which the Secretary OF the
c.sx has under consideration. The accused
-. has taken the stand that II he is guilty
y. ,bould he punished severely. and IL Innocent
!. .hon,d he restored to duty without prejudice
80 eood name. Secretary Long has appar-
'y,ty hcen impressed by the argument made in
"..it NJ Mr., Billings. and has made n PROPOSE
49, w. r,htrb. II accepted, will save the offlcer tho
" ~ dismissal. This offer has not been
'a..,tcd. and the naval authorities and counsel
~, Tho accused officer arc endeavoring to
,,raisbten out the matter.
Far several days past Hilary A. Herbert,
,0rucr secretary OF the Navy. and Benjamin
w,cor. his law partner. have been making an
.,crmen, before Secretary Long In opposition
,onny approval Of the sentence OF dismissal I'M
s,s.i an Paw Director Billings. They did not
IT. for the extension OF clemency. but main
,stncd NAT a new trial should be granted or tho
Attendant ulSCIlhT Rtu. iho 49,
~ Inw uoints only. the main condition being
,ho, Lieut.. Lauchhcimcr. the Judge-Advocste
"I,he courtmartial, withheld from their con-
.hf,ration , rule Of law which, as the legal ad-
lar nj tlc court, he should have told them to
80 In mind. Extracts from tho argument of
49, rndro.A Advocate were cited to show that he
had been in error.
THE mere fact that for thirty.three years.
.,,, Liant. Iouchhcimer, Pay Director Billings
had m excellent record has nothing to do with
his rrcscnt case, and that cannot weigh with
you at ALL
emo modern writer on common or on military
law would sanction such a doctrine"
Tho charges against Pay Director Billings
WIRE falschood and scapdalous conduct. 1t was
charged that Mr.. Billings used his official posi-
tiSn 10 further the affairs of q company organ
iaed TO manufacture an emergency ration; that,
although an incorporation Of this company. he
denied it to Secretary Long; hat he falsely de-
Mod that he was q promoter of the company;
That with relatives and friends he held q CON-
trolling interest in the company. and cndeav-
ored through his official conneStion 70 ger inc
Government to purchase a supply or the emer-
SFMNI r, Herbert claimed that his argument
showed that Mr.. Billings did not know at the
tine no denied the accusation that he was an
incorporator: that no never was a promoter OF
the company; that he never had any interest IN
taiss eSmpa" The court acquitted Mr.. Billings Of
being a stockholder, and Mr.. Herbert held that
porator also applied in that particular. The
good character OF the accused was shown at the
trial. and Mr.. Herbert argued that this should
have been considered BY the court. Further.
more, 1t was shown that the accused had been
convicted ON evidence furnished by himself to
the Secretary Of tho Navy. which he thought
proved his innocence.
In concluding his argument Mr.. Herbert asked
thai, II the Secretary could not SEQ his way to
discharge the accused officer, the court should
be re2opvened and instructed, to consider, in
connection with the evidence already taken. tho
character Of MI; Billings in accordance With tho
quests that, If q new trial was granted. the 40
cnsed should be allowed to introduce his medical
troduce in evidence the whole of the testimony
hogave before the neutrality-suspicious. in
reference to the matters embraced in the
charges, and that he be permitted to examine
such witnesses as were Incorporated as stock
holders in the emergency. ration company.
cal in record eeIsr1 was based on bis failure IN health
through suffering experienced in tho line Of
stood that MIR. Billings would not permit his
counsel to make a plea for clomency; He main
i ta!ns b; 81 innocence Iuosn, snS and nd II s. IL sal. da a., sna s.n ne has
clear his character Of any stain.
about the present status Of the case. but It was
learned to-day that Mr.. Billings had been told
that II he applied for retirement on the ground
no fnr HlS,rI procee .iHuSs taken. and This, It Is as.
terted. he has declined to do, unless the verdict
and sentence OF the court, arc disapproved. His
contention is that the failure to dispose of tho
courts findings will leave a stain on. his good
name and he declines to accept any adjustment
that does not include an acknowledgment OF in
nooence.
Although an officer Of a corps that is not sup
posed to do any fighting In time OF war, Pay
Director Billings performed some gallant SER
vice. In 1862. when 20 years Of age, he entered
the navy as an assistant paymaster. and the rec
ores II the Navy Department show that upon
ofhis commanding officer for gallant and heroic
conduct in battle. His most conspicuous act Of
g%allSntry was in June, 1854, while attached to
waters. The vessel was boarded at night BY a
party Of Confcderates.. Mr., Billings, jumped
from his berth In his night clothes and.
the deck. In a desperate hand-to-hand en-
counter he killed several men and saved the
lts Of his commanding officer. He was taken
hospital in Savannah, Ga. He wal later trans.
ieTred to tho stockade at Macon, where no
;;U 0nSdIi an unsuccessful attempt 70 escape by
put escaned en- route by jumping from a moving
tram. Three days later he was recapturcd, and
Two months thereafter was transferred to Libby
Prison, where he remained until exchanged.
FOR his action in the fight on the Water Witch
NJ. billings was promoted fifteen numbers for
extraordinary heroism." He was attached to
the Wateree when that vessel was destroyed In
an earthquake at africa. Peru. in 1868. and
again received the thanks of his commanding
reformed his duties. Still. the Judge-Advocate
ofthe c~ourt-mlrtial says that his gallant record
must oil be overlooked now.
Arduous duties in later years told on his
health, and in 1883 a bill was introduced and
tSUoTsoly reported to the Senate. authorizing
NE y Presldent to place him on the retired list;
Mr' Bllings's health improved. however. and
the bill was not pressed.