Evening star., 1901-04-15

Results of Recent Courts Martial Dis
approved.

Results of Recent ts-Martial Dis
approved.
The War Department mail contains the
records of several courts-martial in capital
cases. Benedicto Noul a native Filipino,
was convicted Of wasipg guerrilla warfare
and sentenced to death by hanging. Major
General Wheaton, commanding the depart
ment of northern Luzon, disapproved the
sentence and ordered the liberation of the
prisoner. In his review of the case Cen
eral Wheaton points out that although the
accused pleaded guilty, he made declara-
ton at variance with that plea by saying
that he was forced through fear of his life
to make a pretence of tearing up the rail-
road track and cutting the telegraph lines.
At the same time the accused counseled
his people not to tear up the track. He
was not represented by counsel at the trial.
General Wheaton says that he should have
been so represented He says the military
commission before whom the case was tried
also erred in falling to direct the entry of
plea of not guilty, and also in interrogating
the prisoner, when he had not been sworn
as a witness at his own request.
I'm so important case," says Gen.
Wheaton. 1.-The trial should have been pro-
ceeded with on it's merits. and all available
evidence adduced to determine the exact
degree of culpability, If any, attaching to
the accused.
In view of the circumstances, Gen.
Wheaton said he had no alternative but to
disapprove the proceedings and set the
prisoner free.
Four other natives We're convicted by a
military commission at Paniqui, Luzon, of
numbering an American soldier, name un-
known. but believed to be Private Leonard
NJ. Reeder, Hospital Corps, and were sen
fenced to death by hanging. Gen. Wheaton,
in reviewing the proceedings Of this court,
says:
Each of the accused pleaded guilty
ff1y, hnt, cfDI
cused then, being duly sworn at his own re-
quest, proceeded to testify in such a way
that his evidence was virtually In mitiga-
ton of the crime with which the accused
charged. and inconsistent with the plea
of guilty. The commission taking no evi-
dence, although the names of seven wit
nesses were appended to the charges Do
ceeded to sentence the four accused to
death.
why a plea Of not guilty was not en-
tered upon the record and the case tried
upon it's merits is unknown to the review
ing authority. In the administration of
justice in this department, however great
the crimes with which accused persons are
charged and however positive the opinion
of members of the commissions trying
them may be that the accused are guilty
and ought to suffer the extreme penalty
of the law, no action can or will be taken
to carry such opinions into effect until the
most conclusive evidence is spread upon
the record to sustain finding of guilty
A proper discharge of the duty of the COM
mission and it's judge advocate might have
justified the finding and sentence in this
case. Owing to either the Indifference or
Incidence of the commission and judge ad-
vocate the reviewing authority is left no
alternative but to disapprove the proceed
ings, finding and sentence. The proceed
ings, findings and sentence are accordingly
disapproved and Rufino Facur, Calistro Fa-
cum, Juan Velasco and Simeon Lopez will
be held as prisoners of war"
A native named Turadio Dias was con-
victed of being a spy and sentenced to be
hanged by the neck until dead. Major Cen
eral Bates. commanding the Department of
Southern Luzon, disapproved the sentence
on the ground that there was a reason
able doubt of the guilt of the accused, the
finding of the court having been based
solely on the evidence of another native
prisoner, who apparently hoped by that
course to place himself in favorable light
before the American authorities.