Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-06
REVIEW BY GEN. CORBIN,
First Action Taken on Sentences Of
Courts Martial,

Maj. Gen. Corbn, commanding the De-
partment of the East has acted on the
cases Of a number of enlisted men convicted
by colft-martial of various military
offenSes Private John Walsh, ADD Com
pany. Coast Artillery. was convicted of
conduct to the prejudice of good order and
military discipline and sentenced to dis
honorable discharge, to forfeit pay and al
1owances and to one months confinement
at hard labor.
Gen. Corbin disapproved the findings and
sentence and ordered the soldiers restora-
ton to duty.
1T is the opinion Of the reviewing au-
thority.'' said Gen. Corbin, that had a
thorough and careful investigation been
made by the post commander he would
have been convinced that the only offenss
chargeable against this soldier was making
a noise in quarters after taps, and the evil"
dence Is not conclusive even as to that.
The case should never have been forwarded
recommending trial by general cOurt-mar-
tial but should have been disposed of be-
fore an inferior court.
"In the conduct of the trial, the examina-
ton of the two prosecuting witnesses was
rot well conducted.
After arriving at finding Of not guilty
to one specification and guilty to another
(as to the latter finding the reviewing au-
court heard and considered five previous
convictions. two of which should have been
thrown out. being more than year old;
moreover. the record of previous convic-
tons was carelessly prepared and incom-
plete."
In another case that of Private Charles
Holloway, Hospital Corps, convicted of
conduct to the prejudice of good orier and
military discipline, Gen. Corbin mitgated
the sentence to one months Imprisonment
and so forfeiture, and said the court was
lenient because of the long service and
good record of the accused, and for the
further reason that the evidence shows the
accused was honest in the belief that he
had some rights and privileges While
pass that exempted him from duty imposed
during the time covered by 1t. The rcNleW-
ing authority does not concur in this view.
A soldier Is liable for duty at any time and
must promptly and willingly carry out or
ders and instructions received; if wrong
has been done. there Is a proper way 10
right it, but not by the person believed to
be aggrieved arbitrarily taking action
Private James McGladdery- 18th Battery,
Field Artillery was convicted OF absence
without leave with record of 1--WE previous
convictions and sentenced to diShonorable
discharge, to forfeit pay and allowances
and to confinement at hard labor for tcree
months. The proceedings and findings were
approved by Gen. Corbin. In the absence
of any evidence to indicate viciousness On
the part of the accused said he, the re-
viewing authority Is not convinced that this
soldier is beyond the reach of discipline and
reformation. and therefore the diShonor-
able discharge is RENTED. the confinement
reduced to two months and the forfeiture
imposed reduced to SO per month for two
months AS mitigated the sentence vii. be
duly executed. The leniency extented
however, is not to be construed as otner
than affording an opportunity for reforma-
ton and If not taken advantage Of none
will be extended upon conviction of addt-
tional OffenSeS.