The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1903-04-17
Will ESCAPE
CIVIL TRIAL
Soldiers Are Not
to Appear in
Court.

dictment for burglarizing the Tantalus
home of Chief Justice Frear departed
on the China for San Francisco yes
terday, under military guard. They
left without the consent of the civil
authorities though 1t 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. Carlton 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-
thorities 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
eral 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 I'M
der arrest at Camp Mckinley, and
Bales who was a sergeant was also
reduced to the ranks. A few weeks
ago Majoi Mcclellan, commandant 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 iuris-
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
dealt with by them, but no agreement.
had been made as to the dismissal of
the burglary charges, though this was
under consideration.
The cases had not been dismissed
as yet and he was at loss to account
for their departure from the country.
Judge De Bolt said also that the cases
had not been dismissed and their re-
lease upon their own recognizance had
been with the understanding that they
were to be produced upon the opening
of the term.
Chief Justice Frear stated that he
had received many letters from infiuen-
tial men in the States in regard to the
matter, but that he had not acted upon
these. He said that he had agreed to
make no objection If the Attorney Gem
eral wished to withdraw the charge
observed. One of these was that the
men confess their part in the crime, |
and as to whether they had broken into |
his house on previous occasions. An
other condition was that they leave the !
islands in the event of their release, and |
never to return. One of the defendants, |
Carlton. Judge Frear said is but eigh-
teen years of age, and the other two |
men had already been kept in prison |
for two months.
Judge Frear said also that he under
stood that the men were to be court
martialed
At Camp Mckinley the authorities |
would not discuss the matter at all. 1t
is said however that both Bales and |
Walton are to be court martialed, and
when they left yesterday they were ac-