The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1910-08-12
GIVEN ADVANTAGE
OF TECHNICALLY.
Court Martial Said ldleness for
One Year Would Have Been
Harmful All Around.
,From thursdays Adveruserl

tFrom Thursdays Advertised
a full text Of the order made in the
trial OF Lieut.. W. l.. Bufchfeld, who
was reduced thirty points for "scan.
dalous conduct tending to the destruc
tion of good morals, = was obtained yes
terday by The Advertiser in order that
the public may read for itself and
understand the reasons why the officer
was not given the full penalty as pro-
vided by law.
Rear Admiral Corwin P. Rees said
yesterday that he thought an erroneous
impression had been given the public
through the first reports published in
connection with the court martial.
GAN general court martial trials, -
said Admiral Rees, care open to the
public, according to law. No order was
given by the court excluding reporters
or other persons from attendance at the
sessions of the court. -
An Advertiser reporter was denied
admission to the court, however, and
at first ordered off the naval station
reservation. This last order was coun.
fernandez by one higher in authority,
but no intimation was ever given out
heretofore that the order respecting
the trial had been countermanded.
The Burchfield order follows:
General Court Martial Order No. 49,
U. S. Naval Station, Hawaii,
August 9, 1910.
First Lieutenant William Louis Burch-
field, United States Marine Corps, re.
Gently tried by general court martial
at this station. by order of the COM
mandant, U. S. Naval Station, was
found guilty of "scandalous conduct
tending to the destruction of good
morals,n and sentenced ''to be sus-
pended from duty for a period of one
(D year without pay and to be placed
at the bottom of the list of first lieut.
enants, U. s. Marine Corps, and to re.
main there until he shall have lost a
total of fifty (50) numbers in his
grade.
The proceedings and findings, and
sentence as mitigated by the converting
authority were approved this day. At.
tention is called to the following re-
marks made by the converting authority
on this trial:
Upon examination of the record
it is noted among lighter Irregular
ties that upon the plea of "guilty"
to the major part of the specifca
tion-equivalent to plea of "guil-
ty in a lesser degree than charged"
the president of the court did not
warn the accused in accordance
with Art. 1749, U. S. Navy Regula
tions, 1909, that he thereby preclud.
ed himself from the benefits of a
regular defense. This, under GER
tain conditions, might invalidate
the proceedings; but inasmuch as
suab lGCiOn aOOct lively
sanctioned by variation a, page "a,
'Forms of Procedure, 1902 and
possibly justified by the later ruling
of the court as. recorded on page
10 of the proceedings, directing the
Judge advocate to call such wit
nesses as would have testified in
the case, Gas it desires to have
all the evidence bearing on this
case that it is possible to obtain,
and especially as it does not ap-
pear that the accused suffered by
such defect Che being given broad
defensive latitude in an exhaustive
triaD, the omission is not regarded
as vital or essentially damaging in
its issue.
Subject to these comments the
proceedings, findings and sentence
of the general court martial in the
foregoing case of First Lieutenant
William Louis Burchfeld, U. S.
Marine Corps, are approved, but as
unproductive idleness can be bene-
fetal to neither the individual nor
to the government, that part of the
sentence awarding suspension from
duty for a period of one year with
out pay is RENTED. The total of
numbers to be lost in his grade by
First Lieutenant Burchfeld is re.
duced to thirty (9O). The sentence,
as thus mitigated, will be carried
into effect on and from this date.
First Lieutenant William Louis
Burchfeld viii be released from
arrest and placed on duty at the
foot of the list of first lieutenants,
United States Marine Corps.
CORWIN P. REFS,
Rear-Admiral, U. S. Navy,
Commandant,
Senior Officer Present.