Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-04-03
THE CONVICTED CADETS
GENERAL ORDERS Issued BY WAR
DEPARTMENT.
In Berry's Case Sentence Was Approx
ed, but in Kloeber's Findings and
Sentence Were Disapproved.

The general orders in the court-martial
cases of Cadets Gibson T. Berry. jr., and
Louis E. Kloeber third class. United States
Military Academy. were published by the
War Department today. They show that
both young men were convicted of violating
the regulations of the academy, In connec-
tion with the use or possession of tobacco.
and sentenced TO be dismissed.
The charge against Berry was that he
made misleading and deceptive statements
regarding the use of tobacco In one of the
specifications 1t was alleged that he had
made false statement when he said he did
not know he had a cigarette package in the
sleeve of his coat
Denounced as Discreditable.
The action of the department is contained
In the following order issued by Secretary
Root:
1.-THE proceedings in the case of Cadet
Gibson T. Berry, jr.. third class, United
States Military Academy, having been sub
mitted to the President, the following are
his orders thereon:
The defendant in this case attempted
q fraudulent evasion of the truth. and sue
ceeded only in telling a plain and stupid
lie. If he had succeeded he would have
been equally guilty, for truth is a matter
of substance and not of form. The truth
or falsity of a statement Is to be measured
by the meaning which the speaker knows
the nearer ascribes to the words. The
quibbling and attempts at disingenuous sub
tlety by which the young men, of whom
this defendant was one sought to conceal
their practice of cigarette smoking, would
seem to be more natural to a police court
than to a company of officers and gentle
men. 1t was highly discreditable. 1t is of
the first Importance that the cadets of the
Military Academy should discountenance
and abhor falsehood. however disguised
and the President directs that the findings
and sentence in the foregoing case be con-
firmed and carried into execution"
Reply Regarded as Evasive.
Cadet Kloeber was one of the witnesses
summoned at the trial Of Cadet Bailey.
One of the questions put to him by the
counsel for the accused was: Suppose an
other cadet gives you a cigarette and you
smoke it. do you consider it having tobacco
in your possession" He replied: Il hadn't
thought of the matter. sir. but 1t seems
to that would be very much like q
man dining out and taking dinner with
friend considering whether that dinner was
his own or not. 1 think that would be
rather fine distinction, SIR
This answer was regarded as 'imperti-
nent, quibbling and evasive, and intended
to defeat the ends of justice"
When the court asked the witness "In
whose possession do you think the cigar
cites were when they were in the drawer?'
he replied, Il hadn't given the matter a
thought, sir; really didn't know" 1t was
charged that this reply was "a direct eva
sion of the question of the matter at issue,
made for the purpose of defeating the ends
Of Justice
When asked by the court 'In whose pos
session were the cigarettes that the &C
cused was smoking?' Cadet Kloeber said
he Ibid not know, sir" 1t is charged that
this answer was false, and known by
Kloeber to be false, and made for the
purpose of defeating the ends of justice"
Findings and Sentence Disapproved.
The court found the accused guilty and
sentenced him to be dismissed from the
service The action of the department was
announced by Secretary Root. as follows:
THE proceedings in the foregoing case
of Cadet Louis E. Kloeber, third class, U.
8. Military Academy. having been submit
ted to the President, the following are his
orders thereon
las the charges against the defendant
were based upon answers made by him to
questions put In the course of a judicial
investigation, and not upon statements vol
UNFAIRLY made, and it is not clear from the
record that the answer upon which the
charge of false swearing was based was
not in fact an expression of opinion on his
part, the President directs that the find
ings and sentence in the case of Cadet
Louis E. Kloeber, third class, u. 8. Mill
tary Academy be disapproved."