The San Francisco call., 1901-12-18
ARMY OFFICERS
ARE CENSURED
Stir in Military Circles
Over Department
Order.
Court Martial at Presidio
Fails to Dispense
Justice.

A general court-martial now in session
at the Preside and supposedly melting
out justice to wrongdoers in the ranks
received yesterday at the hands OF Colonel
Rawles the most severe reprimand, 1t is
said, that ever emanated from the head
quarters of the Department or California
The membership of the court includes sew
eral officers of high rank and distinguish
ed service. Consequently there was some
little stir in military circles yesterday
when the order was made public.
On the fourth floor of the Phelan build
ing, and at the Preside, the officers were
discussing the matter unofnclally ana
many were thanking their lucky stars
that they had not been detailed for the
court-martial which has so suddenly be-
come prominent 1t is said that the mem
DerS OF the court cannot but teel injured
at the tone of the order, but in the army
the only recourse that interiors have In
such cases is to keep as quiet as possible
and confine the expression OF their opln-
ions to their immediate friends.
Private Evans Causes Trouble.
Private Samuel II. Evans, Troop G,
Sixth Cavalry, was tried and found guilty
of charge of desertion. He was sem
fenced to imprisonment at hard labor on
Alcatraz Island for one and one-halt
years. The court decided that errors had
been made in the proceedings, and the
man was tried again. After Evans had
been disposed of the second time, 1t was
found necessary to give him third trial.
1t is quite certain that the soldier did
something wrong, but nobody seems to
know just what it was, and in spite of
the plethora of trials he must now be al
lowed to go free.
Colonel Rawles' criticism which has
caused all the disturbance is as follows:
In the foregoing case the record is full of
mistakes, and the proceedings are discredit
desertion and when brought to trial pleaded
not guilty Of desertion, but absence without
leave; the judge advocate then rested, and the
court without any evidence whatever proceeded
to find the accused guilty as charged.
The record being returned to the court for
reconsideration of its findings, and the illegal
ity of it's action pointed out, the court properly
reconSidered its action and found the accused
guilty of absence without leave. At this re-
a wedding and did not attend the session.
while another who had been sick at the trial
of the case took his seat at the revision, COM
pletely vitiating the action taken AT the
second revision one member was absent be-
cause he had not been notified of the meeting
of the court. and the court adhered to its
first findings and sentence.
The necessity for members to attend to the
duties of general courts martial has been so
often mentioned in orders that 1t seems in
credible that officers would be so negligent of
them. No officer can excuse himself from at
tending the sessions of a court-martial, and
the department commander will in the future
hold officers 10 strict accountability for
their absences.
The action of the court in finding the ac-
cused guilty as charged, without the intro
cannot be sustained by any process of reason
ing known TO the reviewing authority.
Proceedings Are Disapproved.
It is the duty of the Government before it
can inflict any punishment on plea of not
guilty to overcome the presumption of inno-
cence which surrounds even the greatest GRIM
inal by evidence of guilt, and until this is
done. the findings must be not guilty. It was
the further duty of the court to modify its
findings in accordance with the law and facts
as explained to them. instead of foolishly ad
herring to its mistake. Had the court taken
the plea of the accused and found him guilty
of absence without leave he could have been
charged and confined at hard labor for six
months; but he now escapes all merited pun
shment which the court evidently considered
preferable than to admit that it had committed
an error.
The proceedings, finding and sentence are
disapproved and the accused will be released
from confinement and restored to duty.
While all the members of the court are
censured and all are to some degree re-
sponsible for the proceedings according to
military regulations. the fault in similar
cases is usually laid at the doors of the
president of the court and the judge ad-
Vocate.
The court is composed of the following
named officers.
Lieutenant Colonel George S. Grimes ar
tillery corps, president; First Lieutenant Stan
cate; Major Charles w Hobbs. artillery corps;
Captain John " White, artillery corps; Cap
tain Charles A. Bennett, artillery corps; Cap
tain John L. Hayden, artillery corps; Captain
tenant George T. Perkins, artillery corps; First
Lieutenant John B. Murphy. artillery corps:
Second Lieutenant William R. Bettison, artil-
lery corps; Second Lieutenant James L. Long,