Evening star., 1901-09-26
SUBSISTENCE FRAUDS
Records of Gases Tried at Ma
Mia.
ACQUIrfAL OF rPOSTSTEW ARDHAPPELL
Severe DisapprovaI of the Provost
Marshal General.
MILITARY COMMISSIONS

A heavy mail from the Philippines was
| received at the War Department today
1t included the records of many cases of
crimes and misdemeanors tried by mill
tary commissions at Manila and esewhere
In the archipelago.
One Of these cases was that of Henry w.
Happell, civilian employed by the sub
sistence department port steward at
Manila, his duties involving the purchase
In the open market of vegetables and other
perishable stores for use on government
transports to the average amount of $4,000
per month. He was charged with accept
ing brfbe, but was acquitted by the COM
mission. Brig. Gen Davis, provost marshal
general, disapproved the findings OF the
commission as inconsistent with the evil
dence. In his review Of the case General
Davis said that the testimony taken show
ed that practically all Of the perishable
goods purchased by Happell were obtained
from the Manila Stevedoring Company,
from which the accused accepted $500 dur
Ing three months.
"It is presumed said General Davis,
that the commission accepted as true the
explanation Of the manager Of said firm
to the effect that this money was paid to
the accused for services performed to the
company and not intended to influence the
acts of the accused in purchasing and In
specting produce purchased from that firm.
This explanation offered by the manager is
inconsistent with the action Of the firm in
paying this money to the accused under
an assumed and fictitious name. In the
opinion Of the undersigned this act In 1t
self Is sufficient proof to show that the
firm In giving this money to the accused
knew 1t was doing wrong, and attempted
to hide 1t and cover 1t up by charging 1t
on the books under an assumed and ficti-
tious name. 1t is regretted that the COM
mission should be induced to believe that
an employe of the government could accept
money from firm doing business with the
government under the circumstances dis
closed by the testimony and not thereby
commit a punishable offense. The findings
of the commission are disapproved. The
accused will be released from custody"
Other Cases.
A military commission also acquitted Har-
old NJ Pitt of receiving fifty cases Of bacon
of the value of 1924 from Lieut.. Barrows,
an officer of the army, well knowing that
that officer had no lawful right to sell the
goods which were public property Of the
United States.
Gen. Davis disapproved the findings OF
the commission and administered a severe
rebuke to the commission for it's action,
saying that the process of reasoning fol-
lowed by the commission would make 1t
impra cticable to obtain conviction in any
case, in spite of the positive character OF
the evidence.
The same commission convicted Harry
T. Finnick, alias Harry ]. Finnic, a civilian.
of receiving stolen goods, valued at $65,
from Corporal Claude Knepper Battery l..
3D. Artillery well knowing them to have
been stolen from the United States. The
accused was sentenced to pay to the United
States the sum of $1,000 and to be confined
at hard labor for the period of one year:
The findings and sentence were approved
by the provost. Gen. Davis.
Filipino Murderers Escape Death.
Three natives. engaged in collecting con-
tributions for the insurgents at Tinambac,
met Carlos Benosa whom they suspected
of being friendly to the Americans. They
seized and bound him, and conveyed him
to the insurgent quarters, and the follow
ing day their captive was bound to a
heavy rock and rolled down the slope into
San Miguel bay. Pastor Espfrito, who de-
vised this means Of putting Benosa to
death, and ordered his two companions to
put it into effect, was sentenced to impris-
onment at hard labor for life. The other
two natives were sentenced to five years
imprisonment at hard labor.
Four natives were tried on charge of
numbering American prisoners. in violation
Of the laws of war They were part OF
the insurgent guard over two American
prisoners, George B. Sullivan, q prisoner,
and Private James l.. Husketh. Company
H, Doth Volunteer Infantry. Their COM
manding officer, a lieutenant Of the insur-
poral Of the guard, who was marching In
front of the prisoners should lift his hat,
the insurgents behind the Americans should
take 1t as the signal for the bayonetting of
the prisoners, and this brutal program
was carried out to the letter. But Gen.
Chaffee, in reviewing the case, decided that
the natives had no other alternative other
than mutinous disobedience, except to carry
out the orders Of their superior officer, and
their sentences of death were disapproved,
and the accused set at liberty. The insur-
gent lieutenant, who ordered the Ameri-
cans put to death, is now awaiting the ex-
ecutton of the sentence of death.
band of Filipino outlaws attacked and
burned the town Of Uguis and killed three
natives with spears and bolos Four Of
them were tried by military tribunal and
proven to have been active participants in
the burning and killing. Three Of them
were sentenced to be hanged, but this was
commuted by General Chaffee to imprison-
ment at hard labor for life The other ma
tive was sentenced to ten years lmprison-
ment at hard labor.
Sentenced to BE Hanged.
Another outlaw band seized Manuel
Dantes, suspected of friendliness to the
Americans, conveyed him to a newly pre-
pared grave, bound him and shot him dead
through the head from behind One Of the
band, who was accused of being the indi-
vidual who fired the shot, admitted the
fact, but pleaded that he was acting under
the orders Of his superior officer. But his
plea did not suffice, as it was shown that
no superior officer was present, and there
fore General Chaffee approved the sentence
of death by hanging imposed by the mill
tary commission.
Thirteen natives surrounded the house of
one Martin Ganancial at Rosales, P. l..
and when he failed to make his appearance
at his door in answer to their demands the
house was set on fire. While Ganancial was
escaping from the flames he was seized.
taken to an isolated spot and murdered
with bolos. Four of the natives, when
they were brought to trial. were sentenced
to be hung and the remainder were SEN
hard labor. General Chaffee commuted the
sentence of the four to Imprisonment for
life and the sentences OF the remainder
were mitigated to fifteen years imprison-
ment at hard labor.