Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-26
NO INTENT TO DO WRONG
Musician Is Now in Brig of Re-
ceiving Ship.
No Likelihood That Appeals TO.
Leniency Will Have Any Effect
Prior to Trial.


desertion from the navy. Mrs Magness.
formerly Ada German, a daughter of the
late Senator German. has written to the
Navy Department asking for clemency
in his behalf on the grounds of his youth
and inexperience and lack of criminal in
tent.
Magness is now confined in the brig of
the receiving ship Lancaster at the
League Island navy yard at Philadelphia.
Although Acting Secretary Newberry
said this afternoon that he had not seen
the communication from Mrs. Magness. or
any other bearing on the case, her letter
has reached the department. The letter
will not be made public.
According to statements made by Off
Gals OF the Navy Department today.
there is no special reason why the case
of Musician Magness alias Hartlove.
should be treated differently from any
other case of the kind. such as frequently
arise in the routine of business.
Assistant Secretary Newberry. who is
acting secretary in the absence of Secre-
tary Metcalf, said today that the case
had not been brought to his attention in
any official form as yet. So far as he
is personally aware there is no reason
why 1t should not be allowed to take the
regular course.
AS to appeals for clemency for Magness,
he thought 1t might be we'll to defer their
consideration at least until after the case
had been presented to the. department
for action, which as yet had not been
done.
Magness Is now in the brig of the re-
ceiving ship Lancaster at the League
Island navy yard in Philadelphia. He
was taken there yesterday, and will be
held until the time set for his court
martial.
Mrs. Magness remained in Washington
to carry out her resolve to move heaven
and earth If necessary to obtain Glenn
ency for her husband. Owing to her
Of her father. every courtesy will be
shown her. Everywhere she will be told
that nothing can be done in the way of
pardon until after court-martial.
Mrs. Magness has said she would go
to prison with her husband. officers at
League Island say this will not be per-
mitted
| She may visit Magness When she
does so he will be called up on deck and
the conversation will be In full view of
sailors and marines. She will be under
the same restrictions as other visitors
who call to see prisoners.
Magness Feels Position.
Meantime Magness is beginning to feel
the restraints of prison life on ship
board. He and thirty-three other guests
Of the navy are staring at iron-barred
doors all day long.
His present quarters are not SO COM
Portable nor do they permit Of as much
freedom as the room in the Hotel Seel-
bach. in Louisville. for which Magness
was paying $3.50 day when arrested.
Neither is his cell as finely furnished as
the apartment fitted up by his bride after
the marriage.
When the detectives took Magness
hnA vl thn
striped brown suit Of fine quality. the
same clothes he had worn on his little
JOY ride and visit to a theater In WASH
ington Saturday night, while his wife
was seeking influential friends to pardon
him.
Aboard ship he has little to say to the
other prisoners, and speaks only to the
guard when necessary. He knows prison
rules. as his term In the navy was long
enough for that. He obeys the regula-
tons.
Wires to His Wife.
One of the first things he did after be-
ing imprisoned was to send telegram
to his wife in the Portland apartments
In Washington, reading as follows:
What did the party say about the
case? Wire me-
1t may be that the party" Is Secretary
of the Navy Metcalf, or Senator A. p.
German, jr.
Speaking of his wife, Magness said:
She's good wife. She's in Wash
ington trying to see Secretary Metcalf or
Assistant Secretary Newberry to try to
get me out. l hope she'll succeed. /
| can't stand this much longer.
My wifes folks might get me out if
they tried They have lot of influence.
It would not be hard for them
lyon see. I've lived SQUARE Sinco 7 loft
the navy. I've worked hard and been
honest. That ought to count some.
MY wife will come here soon and stay
through the court-martial ii there is one.
She is standing by me and will to the
end, / am sure of that"
Members of Mrs Magness' family re-
fuse to say anything at all about the mat
ter. Senator A. P. German, jr., said yes
terday:
II do not care to discuss the case. l
Mrs. Magness was here l would not tell
you. Please leave me out of 1t"
One Of Mrs. Magness' sisters said:
TOO much of this distasteful matter
has been published already. 1 will have
nothing to say about 1t.
Miss Kappler's Letters.
Meantime all sorts of denials and ac-
cusations are flying back and forth be-
tween Magness and Miss Georgianna Kap-
pier of Baltimore, who claims Magness
Tilted her after having given her an en-
gagement ring. Although Mrs. Magness
says her husband has no money, Miss
Happier is reported as having said a suit
for breach of promise might bring Mag
ness to terms.
A Baltimore paper this morning publish
es q statement that Miss kappler's
mother stated yesterday that there would
be no difficulty In proving the genuine
ness of letters purported to be written by
Magness to Miss Happier. Miss Happier
claims to be holding 200 love letters "bub-
bling over with love" sent her by Mag
ness.
Technically Magness is not a deserter
ness may possibly be able to induce the
Navy Department not TO order her hus-
band before a general court-martial. Es-
tablished practice, however. is not to in
terfere in such cases until after the trial.
There may be mitigating circumstances
which will be taken into consideration.
The President Is known to have firm
views on the subject of desertion. Only
recently have the limits of punishment
been increased.
After the probable trial the papers in
the case will be sent to Washing. on for
review by Secretary Metcalf and the
Judge advocate general. If any flaw is
found in the record the case will be sent
back to the court. If no flaw is found
the President will take the papers.
The decision seems to rest with him.
He may mitigate the punishment. But
he usually approves the recommendations
OF such trials.