Evening star., 1900-05-02
SIX MILITARY TRIALS S
RECORDS INCLUDED IN THE MAIL
FROM MANILA.
Special Report to He Made in the Case
of Major Kirkman, Who
Was Dismissed.

A large mail was received at the War De-
partment today from Gen. Otis at Manila.
1t included the records Of the proceedings
of courts-martial in the cases of six COM
missioned officers. The chief Of these cases
is that of Maj. George w. Kirkman. 49th
Volunteer Infantry captain. 23d Infantry,
who was dismissed the service by order Of
Gen. Otis on conviction by court-martial Of
conduct unbecoming an officer and a gen.
tleman in having misbehayed on the jour
ney TO the Philippines and after his arrival
at Manila 1t Is alleged that the officer.
while under the influence of liquor, offered
indgnities to Archbishop Chappelle OF the
Catholic Church, who was a passenger on
the same transport from San Francisco.
The other Eases received are those Of
First Lieut.. Robert c. Gregg, 49th Volun-
teer Infantry: First Lieut.. Clayton J. Bal
ley. 9th Infantry: First Lieut. John J.
Foley, Both Volunteer Infantry. and First
Lieut.. Harold Hammond, 9th Infantry.
These officers were tried by courts martial
on various charges. Lieuts. Gregg and
Bailey were convicted and sentenced to dis
missal and Lieuts. Foley and Hammond
were acquitted. The sentence in each case
was approved by Gen. Otis. ommanding
the military division of the Pacific, and were
hnaiiy disposed of without submission to
the authorities at Washington. The records
have been sent to the War Department for
file and record in the office of the judge ad-
yocate general.
Major kfrkman's Case
AT the instance of the Secretary of War,
Judge Advocate General Lieber will make
a special report in the case of Maj Kirk
man, which report will also have an i'm
portant bearing on the cases of Lieuts
Gregg and Bailey. as the same legal prin-
ciple is involved in each of them. Gener-
ally stated that involves the right and
power of Gen. Otis to dismiss the off,
GERS without first receiving the sanction Of
the President ommander-in-chiefo of the
army. 1t is admitted that such power is
conferred on generals commanding armies
in the field in time of war, but 1t Is con-
tended that no such condition existed at
the time of the offenses alleged to have
been committed by Maj. Kirkman
The friends of these officers insist that
Gen. Otis did not have the power of finally
approving the sentence of a court martial
which carried dismissal. His action ap-
pears to have been taken under article LOG
of the Articles of War which reads: In
time of peace no sentence of court-martial
directing dismissal of an officer shall be
carried into execution until it shall have
been confirmed by the President"
1t is asserted by the government the
friends of the dismissed officers claim, that
state of war does not exist in the Philip
pines, where the cases were tried. 1t is
cOntended that if such is the case the ac-
ton of Gen. Otis was illegal and the cases
must be sent to the President All officials
in Washington are interested in the opin-
ion. which will be rendered by the judge
advocate general on the point in dispute.
1t may be difficult to conStrue the situation
so as to have a state of war existing in
the Philippines and state of peace exist
ing in the United States. At any rate the
friends of the dismissed officers have made
their protest to the Secretary of War in
official form and a decision must be rem
dered.