The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-07-14
A TRIAL By
COURT MARTIAL

Sergeant ]. II. Miller was tried b,
court martial last evening for absent
ing himself without leave from hi
company during the camp of the Firs
| colored man didn't seem a bit wor
collored man didn't seem a bit wor
ried over the seriousness of the charge
and rather took the matter as a Joke
He was volunteer and went through
the Philippine campaign and when h
left the court room remarked quit,
audibly These tin soldiers make m,
tired.
The court was appointed by Col
Jones. Lieut.. Colonel Zieg1er wal
President, and Major Wall and Cap
tain Rose were the other members o
the board. Captain ]. A. Thompson
acted as Judge advocate. while the &C
cused appeared for himself. He didn'
seem to think any defense was neces
sary. He said he was sick and busy
and didn't want to lose his Job at tn,
postoffice by returning to camp.
The charges and specifications read
by Captain Thompson alleged that thu
accused broke his furlough. being alb.
sent without leave from Q D. m. OF
June 18th until 9 p. m. on June 18th.
The Judge advocate suggested that
perhaps Miller might want contin-
uance as he had only been served with
the charges during the lay. and then
had asked that the matter be post
poned. The court martial was open
but everyone was excluded from the
room while the court deliberated upon
whether the accused should have a
continuance or not. "a,
When the defendant was recalled
would do him any GOOD.
IT amt asked no postponement." re-
piled Miller. "still I rather think II
IL late In the day to give me q copy
Of the charges. Guess you might just
as well go on though, may have to 60
somewhere else some other evening"
Lieutenant Melin Of Co. &c" OF which
Miller IL Q member was first called.
He was examined BY Thompson. He
said that Miller was absent on the 18th
but was under the impression that he
had been excused by Major Riley be-
cause he was sick. He had not seen
him since, though he might have been
there on the last day Of the camp. He
had not answered to roll call, though
WltneSB wax not sure.
Miller conducted the cross-examina-
ton Of his lieutenant and asked IL he
hadn't been regularly excused from
duty on the night Of June 10th. Melin
thought he had.
Ibid have charge OF the kitchen
on the 18th and 12th7' the accused
then asked the officer.
You were supposed to have"
"Now I object to that answer, say
yes or no." said Miller.
mo then, you wasn't there, you
were detailed to take charge Of the
kitchen during the camp"
In reply to a question from the presi-
dent, Melin said that the whole regi-
ment had been excused frorl duty on
the 18th, which statement Ziegler ques-
toned. The lieutenant insisted how
ever that guards and all were excused
that day.
Lieutenant Santos was called and
testified that he had granted Miller
permission to go the first night. He
saw him on the 18th NJ camp but knew
he wasn't present when the camp
broke ND.
Col Ziegler inquired sharply. why
Santos, as commanding officer OF Co
&c" didn't know when his non-com-
missioned officers were not present.
II don't KNOW" was the reply, II
had so much to do"
Witness also said there had been roll
call the first few days but not after
that. When Miller did not answer
roll call he was simply marked alb
sent.
"Did you prefer charges against
me?" Miller asked this witness.
mo"
do you know who did,"
The court wouldn't permit the last
question, saying that had nothing to
do with it.
Major Riley testified that he had ex-
cused some one just before dark on
the 18th, but didn't recognize the ac-
cused.
Col Ziegler asked that Col. Jones be
called as witness but Sergeant Miller
objected, saying that he had preferred
the charges and couldn't testify
against him. The objection was sus-
II am willing to submit the case on
the evidence" the accused said, MEL
in says he didn't see me, and Santos
says he did. Melin says he detailed
me to duty in the kitchen and Santos
says he did 1t. The charges say was
absent without leave and my COM
handing officer says he granted me
leave. There was no truth in what
Lieutenant Melin said.'
IT would like to know whether It Is
customary to, have an audience out
side at a court martial?" the accused
asked the court.
SIT is in the discretion of the court
and the court has decided that this
will be an open session."
Miller wanted to know from the
judge advocate, II that was true but
referred him to the court.
II thought you were the court" said
Miller. II ask then that this be made
n closed court" he continued. This
man has been here long enough"
to the Advertiser reporter, II
don't want him here any more"
This Is an open court" said Colonel
Ziegler. lust the same as a civil court
and anyone that behaves himself can
stay here"
Miller then began to answer questions
put by the judge advocate and presl-
1ant of the cotIrt He aafd bA had