Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-28
ACTION DIsAPPROvED
GEN. CHAFFEE's COMMENT ON
FINDINGS OF coURT-MART1AL.
Evidence Regarded as insufficient to
Justify Verdict Rendered in Each
Of Three Cases.

General Chaffee, commanding the De-
partment of the East, has disapproved. the
action OF courts-martial in the cases OF
| three enlisted men stationed at Fort Nc
Henry. Md.
Private Frank A. Applen, 18th Com
pany, Coast Artillery. was convicted Of
larceny and sentenced to be dishonorably
discharged, to forfeit all pay and allowances
and to be confined at hard labor for one
year. In acting on the case General Chat
fee said:
The prisoner was charged with and con-
victed of larceny, an offense described as
the taking and removing by trespass of
personal property which the trespasser
knows to belong. either generally or spe-
cialiy, to another All authorities agree
that the taking must be accompanied with
an intent to deprive the owner of the thing
taken. The evidence shows that the arti-
cles this prisoner was charged with steal
ing were found by him. and that he after
ward tried to find their owner. As he
came lawfully into possession, and not by
any trespass, his act was not accompanied
with an intent to appropriate the articles
or to deprive the owner of them. an In
dispensable element of larceny. Although
the prisoner evidently committed mill
tary offense in disposing of property he
should have known did not legally belong
to him, he did not commit larceny. and
disapproved. The prisoner will be released
from confinement"
Case Of Private White.
Private c. H. White, 12o,h Company Coast
Artillery, was found guilty of desertion and
sentenced to be dishonorably discharged, to
forfeit pay and allowances and to be con-
fined for three months. General Chaffee
commented on this case as follows:
Grave doubt arises upon the evidence as
to whether the offense of desertion is estab-
lished. 1t appears that the prisoner, when
leaving his post, acted upon the evidence of
a fact, namely, that he had lawfully been
discharged without honor. The fact that
this information did not reach him through
regular channels does not rebuff the pre-
sumption that he acted in good faith and
upon correct information. This fact APP
pears to controvert the hypothesis of tnten-
ton to unlawfully abandon the service, and
puts his act in the light of absenting HIM
self without proper authority. 1t being i'm
practicable to reconvene the court for
further consideration of its findings and
sentence the same are disapproved. The
prisoner will be released from confinement
and restored to duty
Another Artilleryman.
Private Joseph Pesek, 1880 Company,
Coast Artillery. on conviction of disobe-
dience Of orders was sentenced to dishon-
orable discharge, forfeiture OF pay and al
lOWance ana TOUR months mprlSOnment.
Gen. Chaffee disposed OF this case fol-
lows:
1T is evident from the facts shown that
the essential elements which constitute
disobedience Of orders under the twenty
first article of war were not exhibited in
the actions of the accused. The order he
disobeyed had been given him by superior
officer, nine months prior to the time
he committed this offense, without hav-
ing been repeated by the said officer
during the period intervening. Evil
dence is wanting to show that the
cused was actuated by defiance of the
authority of his superior officer, and
that there was an absolute resistance or re-
fusal to obey positive and urgent COM
mand at the time it was given, such as
is contemplated in a willful disobedience
under the twenty first article of war. The
nature of the offense partakes more OF
neglect to give careful heed to the proper
compliance with the standing order of
superior officer, and the finding of the court
on the charge and specification would cor
rectly specify the offense viola tion of
the sixty-second article of war.
1T being impracticable to reconvene the
court for further consideration of it's find
ing and sentence the same are disapproved.
Private Pesek will be restored to duty"