Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-01-16
|MUS|L TRIAL ENDS
| AFTER THREE DAYS
Findings in Case of Naval
Officer Believed to Be
Adverse.

(From the $50 Edition Of Yesterdays star)
The court-martial of Lieut.. Charles
Musil, naval paymaster charged with
having embezzled $54,65121 of Govern
ment funds. which have now been re-
turned, came to an END at the Wash
ington Navy Yard today. The procedure
of the court-martial board indicated at
the close of the trial that it's findings
were adverse to the defendant. 1t is
customary, naval officials explained.
that when defendant is found not
guilty by s general court-martial board.
he Is called before 1t and so notified.
Lieut.. Musil was not called before the
board after 1t had closed the trial.
The findings Of the special general
court-martial board that has been hear
ing the case of Lieut.. Musil for the
past three days will not likely be made
public for about two weeks. After the
record of the trial has been assembled
by the judge advocate, First Lieut..
it will be forwarded to the Navy De-
partment for review and action.
Rear Admiral David F. Sellers, the
Judge advocate general, the Bureau of
Navigation and the Bureau of Supplies
and Accounts, under which Lieut.. Musil
served when disbursing officer OF d.
vision 40, Destroyer Squadron, Scouting
Fleet, aboard the U. S. S. Gilmer, on
which he was stationed when the al
given opportunity to make recommen-
dations in the case. The Secretary Of
the Navy will then promulgate the
findings and his recommendations.
Offers Mental Defense.
The trial came to an end after Lieut..
Musil had taken the witness stand in
his own defense and explained that he
did not recall leaving his ship or where
mental arrangement, incident to a long
series Of domestic troubles with his
wife. When he came to" he said, he
was in Chicago.
Lieut.. Parsons, the prosecutor, in
making his closing argument, insisted
that If there had been lapse OF
memory, as claimed, the medical on
GERS who examined him last month
found no trace Of 1t.
Lieut., Arthur P. Spencer, U. S. NJ,
declared in his closing argument that
the defense did not seek to dodge the
issue, but called to the boards atten-
ton that Lieut.. Musil had 10 years Of
faithful service, with an unblemiShed
record, and had saved the Government
many hundreds of thousands of dollars
when he was with the naval sales board.
He was "coerced, harassed, bounded and
tainted" Lieut.. Spencer said, by his
wife. He dwelt on the defense of IRE
sistible impulse" and pointed out that
the Government and the bonding COM
pany have sustained no loss. as every
penny has been returned to them.
Lieut.. Spencer asked the court
martial board to grant Lieut.. Musil the
mitigation of sentence the defense felt
was due him.
Intent Essential.
Alvin L. Newmyer, Washington at
torney, who was of defense counsel.
called the boards attention to the point
that intent is an essential part of the
crime and that the defendants mental
condition was probably much more
strained in September last, when ne
left the ship, than when he was ex-
amined last month by the Naval Medi-
cal Board.
Lieut.. Parsons, in closing his argyll
ment, said that the burden of proof OF
insanity was on the accused.