Omaha daily bee., 1903-05-18
BAKER HEARING IS CLOSED
Accused Officer is Thought to Have Been
Acquitted.
CASE SENT TO OMAHA FOR REVIEW
Counsel Contends that In Any Case
Proceedings I'm COurt-MartiaI at
Fort LeavenwOrth win BE
DisapprOved for Errors.


FORT LEAVENWORTH, Kan, May IL
(Special.)-The general court-martial trying
a number OF student officers at the general
service and stan college completed Lieu
tenant Bakers case last evening and the
records have gone to Omaha for review by
the department commander.
The opinion prevails that the verdict in
Lieutenant Bakers case was acquittal The
accused officers counsel is satisfied that IL
the verdict was not acquittal, the reviewing
authority will disapprove the proceedings
on account of two very defective errors.
This latter view is based upon the refusal
of the court-martial to permit the cross-ex-
animation by the defense OF a member of
the court who was challenged, while on the
other hand the government cross-examined
witness placed on the stand by the de-
fense and by whom IT desired to prove that
ne had a conversation with the challenged
member upon the merits of the student ofi-
GERS cases. The defense claims the court 8
refusal to permit the cross-examination was
in violation Of the rights OF the accused and
therefore the proceedings must be voided
II justice is to prevail in the trial OF per-
sons before military courts.
As to wife's Testimony.
The second point upon which the ac-
cuseds counsel rely for a dlsapproval Of the
proceedings is the fact that the court sus-
tained an objection on behalf Of the prose-
cution that the wife of the challenged mem
ber could not testify as to any conversation
between herself and husband. Counsel for
the accused held that the challenged mem
Der was not on trial and that any converse
ton between such member and his wife
could not injuriousy AFFECT the former.
Such a ruling, 1t is thought, In the case OF
an accused on trial for his life, would be a
denial Of justice and not such a fair trial
as Is the right of every accused person
under the constitution of the United States.
While the point raised is one on which the
authorities are few 1t is believed that civil
courts would hold that the wife must
testify whether the husband had talked to
her about the case and which. II proven,
must dsqualify the challenged member of
the court martial.
The outcome Of this case will be closely
watched. Judge Advocate Hull Of the De-
partment OF the Missouri will have an OPP
portunIty in the review Of this trial to mako
a reputation for himself,
Captain BOughton's New Detail.
Captain Daniel H. Boughton. Third cav
airy, is to be detailed as the head of the
law department at the General Service and
stan college, the assignment to be made
in season to permit him to take charge by
the time the next school year begins. This
information comes upon the best authority.
Tie captain is at present in the Philip
pines He is now the second In the grade
Of captains and will soon be a major.
Captain Boughton is a member of the
bar having been admitted TO the practice
of law a number of years since and also
to practice before the United States su-
preme court. He was selected for this
detail by General Bell, soon to take COM
mand Of the college.
Captain Milton r. Davis. First cavalry,
detailed as secretary of the college, was
also chosen by General Bell. Captain Davis
was General Belrs adjutant general while
In command OF the province of Batangas.
General Bell is expected here the latter
part of this month. He is at present in
Washington.
Rules for Ride Competitions.
The secretary of war has detailed a
board of officers to ascertain and recon-
mend under what arrangements the Ma
tional guard and militia may compete in
the regular department rife competitions
OF United States troops. The board con-
sists of Colonel william p. Hail. assistant
adjutant general; Lieutenant Colonel
James Parker, Thirteenth cavalry; Major
John +. Guilfoyle. Twelfth cavalry. and
Captain Charles c. Clark, Fifth infantry.
This action is taken upon a recommenda-
tlon OF a board convened under the Dick
militia law, recommending TO the War
department that state troops be invited to
shoot in department competitions with reg
ular troops each year for the same prizes
for which army men compete. and that the
men of the National guard sent to these
competitions be taken from the states in
the geographical limits OF the department
where the competitions are held.
An army department team consists OF
twelve men. who make for the four days
competition the highest aggregate scores.
The prizes are: To the man making the
highest score, gold medal; second prizes.
a silver medal to the next three in order
OF merit; third prizes, a bronze medal TO
each of the remaining eight members OF
the team.
The winner OF the gold medal may. II he
so elects receive in lieu thereof a rife OF
carbine of special design and superior
workmanship, provided with the most i'm
proved sights which will become his per.
sonal property but which cannot be used
in service competitions with men using the
service rife.
Military Prisoners May Go Free.
Two important military law points are
now being considered by the federal cir.
cult court Of appeals at ST. Paul. II the
decision should be against the governmen,
It will result in the discharge Of something
like 800 military prisoners.
II is claimed that court martial can
not delegate any of its functions to the re-
viewing authority. to-wit, where a sentenc,
OF a soldier convicted by such a court
reads ito be confined at hard labor, fol
his natural life. in such place as the re-
viewing authority may direct" is held L
be absolutely void on the ground that tn,
statutes are mandatory and direct that tn,
court shall fx- the punishment. BY dele
eating to the reviewing authority the func
ton OF liking the place where the sentenc,
OF confinement shall be executed, It hal
delegated away a part OF It's excluslv,
functions, Fer this reason II is claimed tn,
prisoner, who applied TO the court for