Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-05-18
LIEUT.. KITS ACQUITTED.
Lieut.. w. p. Kits Acquitted BY cour,
Martial but Finding Is Not Approved

ssSN~ W. - INsseo VS0NsSsS0 ~ SOOT'
Martial but Finding 10 Not Approved
by General Carr.
st. Paul Globe: The proceedings d
the court-martial that recently tried
First Lieut.. William p. Kits, Twenty
first infantry, at Fort Smelling, were
reviewed yesterday at the army build
ing by Brig. Gen. G. G. G. Carr, com
manding the Department of Dakota
AS already predicted since the accused
was restored to duty, Lieut.. kits was
acquitted, being found mot guilty.
upon all the specifications and both
charges. ...--.. T.. - - I5Ea,$t *.
Lieut.. Kits, as will be recalled. wal
accused Of Incorporating govern
ment funds by giving, in part payment
for a new army wagon, money appro
priated to repair an old wagon. He
was also charged with writing false
statements as to his disposal Of the
funds. -, H.. ..:t; 1870. - .
The first charge was violation of the
sixtieth article Of war, in that the &C
cused unlawfully disposed of an army
wagon last October at Bismarck while
he was acting as constructing quarter
master at Fort Lincoln, N. D.; and
specification 2-that he wrongfully
paid out funds in buying the new
wagon. 3l'.
! The second charge--violation Of the
sixty-first article of war-was sup
ported by three specifications; first
that the accused made a false state
ment when he wrote to the wagon
dealers accepting their terms for, re.
pairing the old wagon; second, that he
misstated the wagon transaction in his
official list of debts for October; and
third, that he made false voucher to
cover the same transaction.
Lieut.. Kits pleaded not guilty to
both charges and guilty to some of the,
specifications in an amended form. He
did not deny the transfer of the wag-
on, but pleaded that his intentions
were honorable. He explained the ap-
parent falseness of the written state
ments by testifying that they were
written before the wagon transfer and
before he expected to make such a
transfer. Various witnesses supported
his allegations as to dates.
Had the decision of the court SELL
fenced Lieut. kits to dismissal from
the army, the proceedings, under the
regulations, would have been sent to
Washington and reviewed by the presi-
dent. In the absence of such dis
missal, the duty of review devolved
upon the department commander, Gen.
Carr. +
Although Gen. Carr vigorously dis
approved the courts action, this does
not reverse their verdict or prevent
Lieut.. Kits from resuming the official
status he held before the trial. No
reviewing authority can reverse the
verdict Of a court-martial. In ex-s
IRENE cases the proceedings may be
sent back, and the court may be po-55
litely questioned as to whether it has
not made a mistake. If the court then:
reafirms its decision, no further ac-
ton can be taken as to the verdict. 3
4 The st. Paul Globe comments thus
editorially upon the finding:
'fGen. Carr in promulgating and con-
firming the findings of the court
martial in the case OF Lieut.. William
p. Kits, Twenty-f1rst infantry, admin
listers a sharp rebuke to the members
of the court for the verdict of not
guilty. The laity cannot quarrel with
Gen. Carr for his criticism OF the
court, but it Is rather rough on a
young officer to be subjected to pub
lie reproof at the hands OF his com.
manding officer after having been
found not guilty by a competent court
with all the facts before It. !: IS
Lieut.. Kits is the victim Of his own
enthusiasm in the public service. He
had certain duties to perform In
order to properly perform these duties
1t was necessary for him to have a
wagon The vehicle provided by the
military authorities was falling to
pieces. A government blacksmith told
him the wagon could be fixed, but Il
would take some weeks to do the job
The smith had another wagon, iden.
teal with the broken down vehicle II
make, but in much better condition
than the old one. He offered to make
a trade, accepting the cost Of the re:
pairs on the old wagon as bonus. Lieut.
kits, with the jealous enthusiasm q