The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1903-09-24
THE THREE
SOLDIERS
About whom Military
Officers Violated
Promises.

the men consisted in breaking into the
house of Chief Justice Frear on Tan
talus. A history of the case is given
by the Attorney General
Defendants. soldiers from Camp Nc
Kinley, indicted at the February term
and on the request of their counsel,
Frank E. Thompson, the case was con-
tinued to the May term. Carlton,
whose mother was reported TO be dying,
was released upon $500 bail and allowed
to leave for New York, with the under
standing that he should return in time
for his trial
At the request of Captain Pierce, Q.
S. Army, the Attorney General moved
before Judge De Bolt on March "a that
defendants be released upon their own
recognizance, stating that the military
authorities had declared to him that
they would be responsible for the ap-
pearance of the men when wanted
The court reluctantly granted the re-
quest and the men were turned over to
Stpldil
Major John Mcclellan, commanding
the army post at Honolulu, shortly af-
terward asked the Attorney General
whether the civil authorities would dis
| miss the case in order that he might
send the men out of the Territory. Mr..
Andrews repeated to Major Mcclellan
| the understanding with the mems coun-
| sci and Captain Pierce, and stated that
| he would not have consented to it had
| he felt that there was the least incli-
nation on the part of the military au-
thorities TO take the men from the jur-
| isdiction of the Territory of Hawaii.
| Major Mcclellan said he had no wish
to conflict with the civil authorities
and would produce the men when
necessary. On April the Attorney
General wrote to Major Mcclellan re-
GREETING to say that it would be i'm
possible for the civil authorities to
discharge Bales and Walton from their
appearance before the court.
ITO my utter surprise" the Attorney
General proceeds, land without any
further notification to my Office or to
anyone connected with the prosecu-
ton of the case, the men were placed
on board the S. S. Sierra on or about
the 7th' day of April by the military
authorities and transferred to San
Francisco"
When the case was called at the May
term before Judge Robinson, Deputy
Attorney General Peters made an ex-
PLANTATION of the departments failure
to produce the men. Judge Robinson
wrote to the War Department about
the action of the military authorities
here, while the --.torney General wrote
both to the Secretary of War and
Adjutant General Corbin, stating the
facts and requesting the return of the
men.
The Adjutant General replied, say
ing the matter had been referred to the
Department of California and express
ing his regret that any friction had
arisen from any act of the military in
Honolulu. On August 10, Chief Justice
F'rear presented the Attorney General
with a letter he had received from
General Macarthur, in which the Cen
eral expressed his regret for the oc-
currence and offered to return the men
| if necessary to the Territory of Ha-
waii but requested that If the civil
authorities could see their way clear it
would be an act of courtesy ITO the War
Department not to require the mems
appearance. Concluding, the Attorney
General says:
After consultation with the Gov
ernor and the Circuit Judges, and in
view of the request of General Nc
| Arthur representing the War Depart
ment, and the fact that circumstances
| in connection with the case have come
| to light which materially lessen the
| seriousness of the offense. as we'll as
| that Bales and Walton served, previous
| to their release, two months in the
| Oahu jail, and that Bales was degraded
| from his rank of sergeant to that of
| private by the military authorities,
have decided that the interests of JUS
| tice do not require the further prose-
cution of the case.
| I'm the matter of Carlton, while he
| is comparatively unpublished, he is a
minor and is no longer connected with
the army. and. while his bond holds
good, I feel that it would be more in
the spirit of revenge than in the spirit
of justice for my department to either
declare his bond forfeited or insist on
his returning after the disposition made
in the cases of the other two defend
ants.
Judge Gear declined to enter The
noIle prosequi requested and continued
the case until Monday.
Judge Robinson's letter to Hon. Elihd
Root. Secretary of War, was filed at
the request of Judge Gear. Enclosing
clipping from the San francisco
Chronicle, Judge Robinson gives a his
tory of the case to date of his letter
| May %. 1t was on receipt of the files
of the San Francisco Chronicle from
which the mentioned clipping was taken
that the writer's attention was called
for the first time to the possible char
acter of the imposition practiced upon
the Attorney Generals Office Judge
Robinson continues:
The following day I called Mr.
Thompson to the bar of this court and
in open court called his attention 10
the article published in the Chronicle
and stated to him my recollection OF
the matter and his representations to
me on behalf of Captain Pierce. lie
thereupon stated that my recollection
was entirely correct and that he had
made similar representations to Judge
iDe Bolt, who had made the order for