The San Francisco call., 1907-03-23
ROOSEVELT FROWNs ON
ACQU|TTAL OF CAPTAIN
Supports Taft in His Views
on Court Martial of
Army Officer
GEN. WOOD DEFENDED
Accused Was Charged With
Malicious Statements
Against Superiors
GEN. WOOD DEFENDED

RPHIONdl VI the HnQlnkS OIL dCQQlttdA
in the case of Captain Lewis M. Koch
Ter, Fourth Cavalry. u. S. A.. COM
mander at Jolo. Philippine Islands.
Captain Koehler was charged with
using disrespectful language in an ap-
peal from the action of General Wood,
who reprimanded Captain Koehler for
making charges against Major Scott,
comman nding officer at the Jolo mill
tary post and Civil Governor of Jolo.
He also was charged with conduct un-
becoming an officer and a gentleman in
making unfounded and malicious state
ments regarding his commanding OFF,
Ger and with insubordination. The first
court martial sentenced him to be repri-
manded and then second court martial,
on which today's action was based,
ACQUITTED him. The Presidents order
follows:
THE WHITE HOUSE, WASHINGTON, March
~, lsol.-The proceedings, findings and acquit-
tai IN the case of Captain Lewis NJ koehler,
Fourth Cavalary. o.. s. A, are disapproved |
says Of Captain Koehler and of General Wood.
and of the poor showing made by the court which
~ ~ = ~ THEODORE ROOSEVELT
Secretary Taft in his letter says:
Captain Koehler is an officer Of an excellent
record for courageous service In the field and for
attention to duty generally. He distinguished
Captain KoehIer made himself er very annoying and
the friction became SO great that Captain Koch
a.t ser nlsd charges against Major scott Ma10r
A court martial found Captain Koehler guilty
OF preferring unnecessary charges against his
under the sentence Of the court martial, General
Wood declared that Captain Koehler's concep-
tions of the standard Of good conduct and up
rightness they exist in the army were dis
torted to degree not found In the fair minded,
and that he should cultivate those habits Of true
soldierly Subordination which the evidence IN
the case showed him to lack.
MADE APPEAL TO TAFT
Captain Koehler appealed to the Sec
retary of War, alleging that he was
practically denied counsel and that the
department commander was the accu-
ser and prosecutor; that the court
erred in overruling Koehler's plea
based on that alleged fact; that the
reprimand was harsh and excessive;
that an application for a court of in
quiry on the charges made against
Major Scott was denied, and charac-
terizing the department commanders
acts as unfair and unjust and illegal.
Referring to the reprimand, Captain
Koehler said that the severity. even
to harshness, of the reprimand shows
prejudice, bias, unfairness and a pre-
conceived conviction that | was guilty
as originally charged. I was harassed
and handicapped at the trial by the
L0ellnB lndI L was HelpleSS anu at Ilo
mercy of a superior who would make
use of every unfair advantage to harm
me and to protect his own personal
friend, Major Scott"
General Wood called the attention of
the War Department to the appeal and
submitted the question of disciplinary
proceedings. A court martial was then
appointed, which acquitted Captain
Koehler.
VIEWS OF WAR SECRETARY
Secretary Taft's letter continues:
have no hesitation in saying, after full
examination of the matter. that the finding of
the first court martial, that Koehler guilty
of fling captions and unnecessary charges against
his commanding officer, fully sustained.
His statement in his appeal that he was practi-
cally denied counsel cannot be supported He
might have had counsel had he been willing TO
take any but two persons who were otherwise
engaged on public business. The charge that
the department commander was the accuser and
prosecutor In the first trial was unfounded.
founded solely the ground that he directed
court martial on the charge of Major Scott, after
of Captain Koehler made against Major Scott
were unfounded. Considering the evidence OF
the first court martial, think the language OF
the reprmand was sufficiently within the fnd-
Ing on the evidence. The granting of the appli-
cation for a court OF inquiry was within the
legitimate discretion of the commanding officer,
and as the matter could be much more shortly
disposed of by the court martial rather than by
court of inquiry the action OF the commander
he was unfair In his ruling.
1 have gone over the matters carefully that
by Captain Koehler that General Wood was I'M
fair and unjust and would resort to any means
to humiliate Captain Koehler and protect Major
Scott. No evidence, other than as stated above
in substance. was submitted by the accused IN
support of the aspersions contained in his ap-
peal except the fact that Major Scott and
General Wood had friendly associations pre-
viously. in that Major Scott had been Cen
eral Woods stan. and that General Wood had
recommended him for the position Of brigadier
general.
RELATIONS OF THE OFFICERS
The mere fact that a commanding officer is q
friend of prosecuting witness does not prove
that his action ordering court martial or sus-
tanning its findings was prejudiced malicious.
It was In evidence that General Wood had only
the slightest acquaintance with Captain Koehler
and no occasion for personal feeling against
him.
After much consideration 1 am convinced that
this finding of the court involves affirmative in.
ferences and Conclusions that cannot be sup.
ported by the evidence, You. as the reviewing
authority, are put In this position-that II you
approve the findings you necessarily affirm or
approve the statements derogatory to General
Wood contained in the appeal, and IL you do so
your duty, as commander In chief, to order Gen.
eral Wood before court martial for perverting
his power as department commander to accom-
subordinate officer. You cannot, in Justice to
General Wood. nnd any evidence in the record to
sustain the bringing OF such proceedings or the
finding of court against him.
reviewing authority may mitigate sentence,
but It cannot change finding of acquittal to
one Of conviction. 1t can. however. IN any case
effect of this is to set aside the proceedings
IL they had not been commenced BY this course
yoived in the logical Consequences with respect
to General Wood which must follow an approval
Of the sentence as already explained This is
recommendations I fully concur.