Evening star., 1902-09-02
UNJUsTLY CONVICTED.
Gen. Hughes Review Of the Court
Martial of Corporal Thornton.

The War Department has received copies |
of a general order issued by General |
Hughes, commanding the Department OF
California in the case of Corporal Edward
l.. Thornton, 9th Company, Coast Artil- |
lery convicted by court-martfal at Homo
lulu H. l.. of conduct to the prejudice OF
good order and military discipline. and SEN
fenced to be dishonorably discharged, and
to be confined at hard labor for two years,
with forfeiture of all pay and allowances
In his review of the case, which is a
peculiar one in several respects, General
Hughes administers a rebuke to the trial
court, of which Lieutenant Colonel j. B.
Girard, deputy surgeon general. was presi-
dent. and Lieutenant H. w. Newton, Arul-
lery Corps, was judge advocate.
General Hughes says in part:
I'm the case of Corporal Thornton the
court during the trial permitted the prose-
cution to range entirely outside the plead
ings, and by this means to establish pre-
sumption Of guilt which was not confirmed
by any direct evidence
THE record shows that Second Lleuten-
| ant John S. Davis. Artillery Corps, assumed
| the duties Of post quartermaster at Camp
! Mckinley. on December 1. 1901; that he re-
an inventory Of the property: that the
property was left to the care Of several
| enlisted men, one Of whom was the accused,
without any apparent supervision or CON
troll on the part Of the post quartermaster,
until the 4th Of April, when an inventory
| was taken and the property found to be
| short.
| EARLY in March the desk Of the accused
was forced by Sergeant Nixon. who had
relieved the accused and he, Nixon then
| tock from it certain papers, among which
| were abstract M form 63, quart termas-
| ter's department blanks which had been
| signed, virtually in blank. by Lieutenant
| Davis in February, and on which blanks
the accused had entered the issues Of cloth
, March 81 1902. In April Nixon reported
alterations in the figures Of these abstracts,
as set forth in the specification. The prose-
cution has failed to prove by whom these
alterations had been made, while 1t is
shown that different persons had had access
to them.
IAN attempt was made to prove that the
| accused was selling or wished to sell gov
ernment property of tte character borne
on the abstracts in question. But that eff
fort did not succeed beyond showing that
which he would have no need of after his
discharge, which was to be given within a
month.
IN the opinion of the reviewing authority
/, | the evidence of record fails to establish the
guilt of the accused.
1.-The remarks Of the counsel for the de-
fense when he said that the record OF testt-
mony so far as the post Quartermas ster
, department is concerned is red-lettered
testimonial Of official laxity. labor-savine
departures from honored customs and eX-
2 press regulations, ana eFldenceS a reliance
, upon subordinates which places a premium
upon carelessness If it does not foster down
1 right dishonesty, were. unfortunately, true
'tAll officers Of this department mus
Z understand that conduct that will allow
such remarks to pass unchallenged canno
4 and will not be tolerated
THE record shows Lieutenant Davis tt
y be totally untitled for the position Of pos
: | quartermaster The department commando
r | hopes that this unftness is largely due tt
S ineXperience, but even then it must be sail
: that there still remains much unexplained
: and apparently inexcusable neglect Of tn
s public interests in the management Of hi
V ! office.
e '"Nhe findings and sentence are disap
2 proved, and Corporal Thornton will be Re
0 leased from arrest and restored to duty