The Washington herald., 1907-03-23

Department last night that the court
martial which tried Capt Lewis H. Koch
Ter, Fourth Cavalry. for conduct preJudi-
cial TO good order and discipline in making
statements derogatOry TO Gen. Leonard
Wood his superior officer, had rendered
a verdict of acquital
At the same time a statement was made
public at the White House 10 the effect
that the President had disapproved the
hRdingsn5f the court
The case has been one of unusual in
terest. and has been pending in the army
for nearly year While the court ex-
onerates Capt. Koehler, and he is accord
ingly restored 10 duty, Secretary Taft. in
his letter TO the President reviewing the
case points out that the President can-
not approve the finding without neces-
sarily affirming Capt. KOehler's state
meuts concerning Gen. Wood. Further
more, Secretary Taft shows that to ap-
prove the finding il would be incumbent
upon the President to order a court
martial of his warm personal friend.
chum. and former superior in command
OF the Rough Riders.
Therefore. inasmuch as the President,
as the reviewing authority. cannot change
a verdict of acquittal into one of con
viction, all that he can do TO show his
dissatisfaction with the verdict and to
save Gen. Wood from a conrt-martial is
to disapprove the finding, which he does.
Dispute with Col. scott.
The case involves controversy orig
finally between Capt. Koehier and Col
Hugh L. Scott. formerly on Gen Woods
stan, and now superintendent of the West
Point Academy As a result of that con-
troversy Capt. Koehler was tried and SEN
fenced to be. reprimanded by Gen. Wood
lie complained that the reprimand, be-
cause of Gen. Woods close friendship for
Col. Scott. had been unnecessarily severe
and unjust, and in making an appeal to
the War Department criticised Gen. Wood,
which led to his second court martial the
finding Of which The President has disap-
proved,
In his letter 10 the President Secretary
TAFT reviews the case at length, and says:
''TO the President:
Capt. KoehleE RRs an officer in COM
mand of two companies of cavalry at
Jolo. in the Philippines Maj. Scott was
the commanding officer of the military
post at JOlO and was also the civil gov
ernor of J0l0 under the civil establish
ment. Capt. Koehler is an officer with an
excellent record for coura geous service in
the field, and for attention TO duty geneT-
ally. He distinguished himself at the bat
tie Of Mount DajO. Capt. KOehleT made
himself very annoying to Maj Scott by
captiOus insistence that Maj. Scott should
be in his office at certain times and should
discharge his duties as military post COM
mander with the same degree of prompt
ness that he would have done had he not
the additional duties of civil governor
The friction between the two officers be-
came so great that Capt. kOchier fAed
charges against Mai. Scott. An inspecting
officer was sent to investigate them, and
reported that there was no foundation for
the charges. but recommended a court OF
inquiry. Maj Scott then flied charges
against Capt Koehler. Gen. Wood, after
examining both and looking into the in
spectOr's report refused the court of IN
quiry TO the captain and ordered a court
martial of Capt. Koehler. The court-mar-
tial was held. II resulted in finding Capt
Koehler guilty of conduct 10 the prejudice
Of good order and military discipline in
pveferring and forwarding 10 the military
secretary. Department of Mindanao, cap
tious and unnecessary charges and specih-
cations against his commanding officer
manded In orders by the reviewing au-
thority.
Conduct IL CensuFed.
Gen Wood. in reprimanding Capt.
Koehler. said that he had been guilty Of
conduct which indicated that he was seri-
ously wanting in those close, clear-cut,
and well-dedned conceptions Of a soldiers
duty which should be found in every Off
Ger Of the army; that his conceptions Of
the standards of conduct and upright
ness, as they exist in the army, We're
distorted TO a degree not found in the
3ust and fair-miuded. The reviewing
authority reminded Capt Koeher that he
should cultivate those habits of true sol
dierly subordination which the evidence
in the case showed him to lack. Then
Capt KOehler took an appeal though the
law does not specifically provide for such
a remedy. 10 the Secretary of War. In
this appeal he said
Il. That he was practically denied
counsel
80 That the department commander
was the accuser or prosecutor and that
the court erred IN overruling the plea IN
bar. hased upon that fact.
3 That the reprimand imposed. in pur-
suanee of the sentence, was harsh and ex-
cessiVe
- That an application for a court OF
inquiry was denied.
''In the language of his appeal he char
aeterized the acts of the department COM
msndeF as unfair, unjust and Illegal.
Harshness Is Charged.
Referring 70 the reprimand by the re-
viewing authority. he said that the
severity. even to harshness, of the repri-
mand administered shows prejudice, bias.
unfairness. and preconceived convie-
ton that I was guilty as originally
charged. In commenting upon the trial,
be further said: was harassed and
handicapped by the feeling that swas
helpless and at the mercy OF a superior
who would make use of every unfair ad-
vantage to harm me and to protect his
own personal friend. Maj. Scott
THE appeal was forwarded by the di-
vision commander Gen. Wood TO this
department with "a letter inviting atten-
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