The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-07
Ex-Army Officer Appears Be-
fore Judge Pollock.
Convicted of Wreckfng Home of
Brother Officer.
TALKS TO A REPORTER
Won't know Result of Battle
Till Smoke Clears.
His Case Attracting Much At
tentiOn in War Department.

There's saying in army circles that
is credited to a military genius that one
never knows what the result of battle
may be until the smoke has cleared
away and the reserves are in camp
said ex-Captain George W. Kirkman,
.. S. A, "and that's the way I feel
about my case
Captain Kirlman was standing in the
office of the United States district at
torney; he is slightly built, with the
face of a student, prominent forehead,
deep set retrospective eyes, guarded by
eye glasses which still further heighten-
ed the literary aspect of the man. He
looks more like a person who would
rather pore over books than being en-
gagged in the trade of war.
You haven't got a rabbits foot in
your pocket. have you?'' he inquired as
he continued the conversation.
Have you any plans for the future ?'
was asked.
None whatever. Everything is prac-
tically up in the air. I don't know what
1 shall do when do get out
Ex-Captain Kirkman is serving SEN
tence in the United States penitentiary
at FIT Leavenworth. having been found
guilty a two different court martials
of conduct unbecoming an officer and
gentleman and prejudicial to good mill
tary discipline. On the results of the
one court martial he was given a sen
tence of one year, on another sentence
of two years. The order from the pres-
dent reviewing the findings of the court
martials. fixing the place of imprison-
ment approved the two sentences on
the same day.
On this account it has been claimed
that the varying sentences were con-
current rather than cumulative. Both
sentences were for the same offense
With the time off for good behavior
the two year sentence expired January
%. The United States district attorney
holds that there is still one year to
serve and that the two sentences We're
cumulative. 1t has always been so held
since 1873 when the judge advocate
generals department took this view in
case similar in its legal phases to the
Kirkman case.
For the past "a years this opinion has,
been accepted in the sssfvit courts in re-
lation to the military cases which have
come before them without a question.
This Interpretation is however direct
ly against that accepted in civil actions
in civil courts, the sentences similar to
that in the above case are held to be
concurrent. Both sentences We're in the
Kirkman case handed down without
to each other. it did not state
in the findings that the one sentence
was to be operative after the expiration
of the other. Military courts have al
ways construed this into the sentences
however.
Probably it has crept in by reason of
the rigorous discipline which obtains.
Captain Kirkman will in all proba-
bility find himself a free man at the
expiration of the hearing before Judge
Pollock in the United States district
court this afternoon.
Though Judge Pollock gives consid-
erable weight to the opinion of Sec
retary of War Taft who backs up the
precedent that has been established py
the judge advocate generals depart
cumulative he is inclined to the opin-
ion that the civil court Interpretation
shall prevail.
Judge Pollock questions whether the
precedent even If it is grounded in
years is good law.
The case is one of the most notable
in recent years as affecting procedure
In military and civil courts too fer
that matter 1t is being watched close
Iy by army officers all through the
west. F. H. Lemon, deputy United
States warden. who accompanied Kirk
man to Topeka said: Though I don't
think we have any other prisoners that
will be affected by this decision of the
II other prisons military, who will be
deeply interested. 1t is case that is
exciting considerable attention. The
Eases we have are those having CCncur
CAle oCAiSCAiNOS S'A-A "a NAAS OA'4S
1ne that would approach this is one
nan who has a sentence of ten years
and a second of 90 years. 1 don't
hfnk' he added with a smile, that he
would be interested or that it would
make much difference to him..
Kirkman harked back to other days.
He was thinking of the past before the
lisa greeable break came. Il came |
through here three years ago when 1
vas lieutenant in the Twenty-fif in |
antry. Somehow it is always cold |
when 1 come to Topeka. 1t is rather |
old for this time of the year here. !
sn't it?" The talk rambled along arc |
n speaking of maneuvers there was
IN edge of bitterness as he said, 1t |
me very much then. 1 was |
7oung and it had not begun to pail. |
Though represented by an attorney |
<irkman is prepared to make a per- |
onal argument before Judge Pollock |
md has primed himself with citations. |
Nrecking the home of a brother Off |
er is one of the accusations which |
esulted in the court martial. The wo-
nan in the case, of a proud Virginia |
amily, was an army belle of more |
han passing fame. The domestic diff
ulties into which she became involv
d resulted later in her suicide in
omaha some two years and a half
go.