Evening star., 1915-11-18
CR|T|C|SES FINDINGS
Of COURT-MART|AL
Secretary Daniels Scores Ver-
dict in San Diego Fatal Boil
er Explosion Case.
MISCARRIAGE OF JUSTICE
CHARGED BY Department
Steps May Be Taken to Ascertain
How Members of Future Courts
Cast Votes.

Secretary Daniels has clashed
with the navy court-martial which
tried two commissioned officers
and one warrant officer for re-
sponsibility for the fatal boiler
explosion on the cruiser San
Diego last January, and today is
sued a statement taking excep-
ton to the courts findings and
disclosing that on the Navy De-
partment's disapproval the court
altered its first verdict.
The court first acquitted the officers
and then changed its verdict to hold
Lieut.. K. L. Hill, in charge of the fire.
room. guilty, with sentence to lose
forty numbers, but with recommended
tion for clemency. Edison c. Oak, chief
engineer Of the ship. was acquitted of
negligence. Chief Machinist Thomas
O'Donnell was found not guilty. AS
the court refused to reverse its verdict
as to Oak Secretary Daniels remitted
the sentence in Hills case.
The department, after a careful re-
view of the record in the case of Lieut.
Oak, disapproved the findings and ac-
Quittal and has informed the general
court-martial which tried Lieut.. Oak
that its action has resulted in serious
miscarr age of justice, which. ii counte-
nanced, would tend to materially lower
the standard of discipline and efficiency
in the naval service.
Movement for Publicity.
1t was strongly intimated that steps
would. as result, be taken In the near
future to make it possible to ascertain
which members Of the future courts
vote for and which against acquittal.
The officers were tried at the navy
yard, Mare Island, Cal, for culpable
negligence and inefficiency in the per-
formance of duty. which resulted in the
explosion of five boilers of the U. s. S.
San Diego, while that vessel was on a
fuli-power run in the Gulf of Cali
fornia, January 81, 1915. Nine casual
ties resulted from the explosion.
The court Mhicn renoereu tue verdict
in the case of Lieut.. Oak. was COM
posed of the following officers:
Capt. John NJ. Ellicott, L. S. N, retir-
ed; Lieut. Commander Lloyd S. Shap-
ley, U. S. N; Lieut.. Commander Zeno
r. Briggs. U S. N; Maj. John F. Nc
Gill, United States Marine Corps, and
Lieut.. Leo Sahm, U. s. N.
Law Requires Secrecy.
The department is unable to state
which of the above-named officers
voted for acquittal. II am unable"
said the Secretary. ito state how any
member voted. in view of the oath re-
quired by law. which prohibits each
member from divulging his vote unless
required to do SO by due process of
law. / cannot, however, believe that
the acquittal of Lieut.. Oak represents
the optnion OF more than a. ba.e ma
tority of the members. In the absence
OF positive proof to the contrary. l am
unwilling to believe that the ideals of
duty and responsibility of all the mem-
be.s o. lie CO., are SO low as to ex-
onerate Lieut.. Oak of neglect of duty"
The specifications under whica
O'Donnell was tried alleged negligence
and ineniciency," the Secretary con-
tinued.
The court acquitted o'Donnen and
apparently assumed the attitude
that though these repairs were of a
vital nature. either O'Donnell was not
responsible for the installation and in
spection thereof, which is wholly un-
tenable in the case of an officer hold
ing Il commission in the navy, or that
he was neither negligent nor inefficient,
which latter fact was not substantiated
by the evidence adduced. The depart
ment disapproved the findings and ac-
quittal in the case of O'Donnel and
expressed the opinion that should coun-
tenance be given to such a standard of
duty as that evidenced by O'DonneIl in
the performance of this work, the
standard of efficiency and responsibil-
ity maintained In the service would
fall deplorably short of the high stand
ard now maintained and would tend
to lessen tire confidence of subordinates
both among the officers and enlisted
sponsihility OF officers holding commits
sions.
Lieut. (punior grade) Kinchen L.
Hill. United States Navy. the officer in
charge Of the freroom watch on the
San Diego during the run, was tried
for culpable negligence and inefficiency
in the performance of duty.
Hill Verdict Reversed.
''TIiIl was acquitted upon trial, but the
department returned the record for
revision and the court revoked its find
ings and acquittal and found Hill
guilty Of tho charge and the specifica-
tion hereunder. and sentenced him to
lose forty numbers in his grade.
The court spread upon the record
in Hilfs case a unanimous recon-
mendasion to clemency based upon the
youth and inexperience of the accused
and the extraordinary conditions ex-
listing on this full power trial. How
ever. as the court-martial which tried
Lieut. Oak. and which was composed
Of majority of officers who convict
ed Hill, acquitted Oak, the department
feels that on account of the Illegal
acquittaI Of Oak 1t would be un-
just to require Il Junior to carry the
entire onus for the neglect which
caused the explosion. and consequent
ly its approval Of the proceedings.
fina.ags and sentence in the case of
Hill remitted the loss of numbers ad-
judged.
Lieut.. Edison c. Oak. u. S. N, who
vas the senior engineer officer of the
San Diego. while on this full-power
run. was tried for culpable negligence
and tnefficiency in the performance OF
duty. In this case the testimony show =
ed that Oak was present In the full
performance of his duties in the engine
room and frerooms during the full
speed trial Of the San D ego and that at
l:40 pm. while on a tour Of inspection,
he noticed the water was SO low in the
boiler as to cause him to excuse him
self from accompanying the captain
and return TO the engine room to REM