The Saint Paul globe., 1904-05-17

The proceedings of the court-mar-
tial that recently tried First. Lieut..
William P. Kits, Twenty first fnfan-
try, at Fort Smelling, were reviewed
yesterday at the army building by
Brig. Gen. G. G. c. Carr, commanding
the Department of Dakota AS already
predicted since the accused was re-
stored to duty, Lieut.. Kits was ac-
quilted, being found mot guilty" upon
all the specifications and both charges.
But this verdict is almost wholly
disapproved by Gen: Carr. He de-
clares in effect that Lieut.. kits was
guilty of both charges, and he en-
phatically criticises the military court
Tor what he considers its failure to
uphold the traditional standard of the
service, that the word Of an army Off
Ger should be as good as his oath.
Lieut.. Kits, as will be recalled, was
accused of mfsappropriating govern
ment funds by giving, in part payment
Tor new army wagon, money appro-
prlated to repair an old wagon. He
was also charged with writing false
statements as to his disposal of the
funds.
The first charge was violation of the
sIxtleth article Of war, in that the ac-
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.
The second charge-violation of the
sixty-first article of war-was sup
ported by three specifications; first,
that the accused made 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.
Did Not Deny Transfer.
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 sem
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
approves 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-martiaI. In ex-
treme cases the proceedings may be
sent back, and the court may be po-
litely questioned as to whether it has
not made a mistake. If the court then
reaffirms its decision no further action
can be taken as to the verdict.
The result of the quasi censure pro-
nounced by Gen. Carr is, accordingly,
that the officers constituting the court
will feel to some extent reprimanded,
and that Lieut.. Kits, though nomina1ly
cleared, is not so favorably circum-
stanced for the future as if the YER
dict of the court had been unqualified
ly approved.
Mai. H. A. Leonhaeuser, Twenty-first