The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-04-16
WILL ESCAPE
CIVIL TRIAL
Soldiers Are Not
to Appear in
Court.
The Military and Civil
Authorities May
Conflict.
The Soldiers Who Robbed Judge
Frear's TantsIus Home De-
part on the China.

Bales and Walton, two of the Camp
Mckinley soldiers who are under in
dictment for burglarizing the Tantalus
home of Chief Justice Frear. departed
on the China for San Francisco yes
terday. under military guard. They
authorities though it is expected that
they will be court martialed for their
offense in San Francisco. Carlton, the
third of the trio under indictment, left
Honolulu several weeks ago. but with
the consent of the civil authorities, he
agreeing to return for trial.
The departure of Bales and Walton
has several peculiar features. Since
the arrest of the three soldiers much
influence has been brought to bear to
secure their release. Carton is the son
of the clerk of the New York Supreme
Court and the judges of that court with
United States Senators and Represen-
tatives have been using their influence
in the matter. Secretary Root, of the
War Department, was also appealed to,
and it is said that it was at his sugges-
ton that the Camp Mckinley autnori-
ties first interested themselves in the
case.
All three OF the men entered pleas of
not guilty at the last term of court
and Carlton, the man who is said to
have such influential friends. furnished
bail in the amount of $500 and was re-
leased. Sometime after the term had
ended the other two men who had been
in Oahu Prison since their arrest were
released upon their own recognizance
by consent of Attorney General An
drews who said that the military au-
thorfties had agreed to take charge of
the men. and would be responsible for
their appearance at the May term of
court.
Carlton, who had been out on bail
since his first arraignment. applied sew
eraI weeks ago to the Attorney General
to be allowed to return to Buffalo as
his mother was reported to be seriously
i'll. This was investigated and found to
be the truth and Carlton was permit
ted to leave the country, Attorney Gen
eral Andrews agreeing to a continuance |
of his case until the close of the May |
term, when he was to return for trial. |
Bales and Walton since their release
by the civil authorities have been un-
dor arrort ~ No,a,o- 1FoI-;,,1o.- - /
Bales who was a sergeant was also
reduced to the ranks. A few weeks
ago Major Mcclellan, comInandant at /
Camp Mckinley, requested Attorney |
General Andrews to secure their dis
charge by the court, but Mr.. Andrews |
would not consent to this disposition.
Mr.. Andrews was unaware yesterday
until told by an Advertiser reporter
that the two men had left the furis-
diction of the court. He replied that
his understanding had been that the
men were to be produced for trial at
the opening of the term. They had
been turned over to the military au-
thorities as an act of courtesy to be
1eaIt with by them, but no agreement
had been made as to the dismissal of
the burglary charges, though this was
lnder consideration.
The cases had not been dismissed
as yet and he was al a loss to account
'or their departure from the country.
Judge De Bolt said also that the cases
had not been dismissed and their re-
ease upon their own recognizance had
1een with the understanding that they
we're to be produced upon the opening
# the term.
Chief Justice Frear stated that he
lad received many letters from infIuen-
ial men in the States in regard to the
natter, but that he had not acted upon
hese. He said that he had agreed to
make no objection if the Attorney GEN
raj wished to withdraw the charge
provided that several conditions were
deserved. One of these was that the
men confess their part in the crime,
nd as to whether they had broken into
rs house on previous occasions. An
Their condition was that they leave the
stands in the event of their release and
ever to return. One of the defendants,
'arlton, Judge Frear said is but eigh-
cen years of age, and the other two
hen had already been kept in prison
)r two months.
Judge Frear said also that he under :
TODD that the men were to be court
lartialed.
AT Camp Mckinley the authorities q
-ould not discuss the matter at ALL It
said however that both Bales and
Walton are TO be court martialed, and
hen they left yesterday they were ac-
0mpanied by two soldiers, Williams
nd Schoenfelt- Another story is to
he effect that they have been trans
erred to another company.