Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-08-31
Court-MatiaI Charge
Signed by Col. Ki|ian
Against Capt. Carroll
LichfieId Chief Declares
Ex-Prosecutor MoIiciousIy
lnstigoted Accusation
BY the Associoted Press

BAD NAUdElM, germany,
Aug. 31.-Col. James A. Kilian
of Highland Park, ILL.,, signed
court-martial charges today
against Capt. Earl J. Carroll, &C
cusing the former prosecutor in
the Lichf1eld cruelty cases of
"maliciously" instigating the
trial at which Col. Kilian was
convicted two days ago.
Col. Kilian's conviction, on
charges of permitting cruelty to
American soldiers held at the Lich-
field England guardhouse where
he was commander, carried fine
OF $500 and reprimand.
Col. Kilian delivered the charges
against Capt. Carroll to the United
States Army Continental Base Sec
ton Headquarters. Under normal
procedure they will be investigated
to determine whether the evidence
justifies bringing Capt. Carroll to
trial.
Charged "Whitewash."
Capt. Carroll, former San
Bruno (CalifD attorney, was as
sistant prosecutor in the opening
Lichfleld trial last December In
England. He resigned from the
prosecution of subsequent cases
with the protest that high-ranking
officers were being "whitewashed."
1t was after the opening trial, in
which Sergt. Judson Smith was con-
victed of guardhouse mistreatment,
that charges were brought against
Col. Kilian. Since then eight other
guards and three officers besides
Col. Kilian have been convicted in
connection with the cruelties.
Col. Kilian charged that in the
Smith trial Capt. Carroll conducted
the prosecution with wrongful, I'M
lawful and malicious intent to pro-
cure the prosecution and convic-
ton" of Col. Kilian.
He accused Capt. Carroll of brow
beating, intimidating and harangu-
ing" witnesses, violating court-mar-
tial rules of evidence, seeking i'm
properly to influence the court, and
making unauthorized and untrue
releases of informations and state
ments" to the press.
He conducted said trial as an
illegal and unauthorized board of
inquiry" Col. Kilian alleged.
Verdict to Be Challenged.
Col. Kilian also accused Capt.
Carroll of "unlawfully representing
himself to be a defense witness" in
Col. Kilian's trial here with the
malicious intent to affect the tss-
timony of defense witnesses and to
influence the conduct and conclusion
of said trial. and charged Capt.
Carroll obtained special privileges
for prisoners who were prosecution
witnesses.
Col. Kilian's attorney said he would
file soon brief attacking the
legality of the court-martial verdict
finding him guilty OF permitting"
guardhouse cruelties although ac-
quitting him of authorizing or even
of knowing about them.
The verdict still is subject to mil
itary review.
Carroll Wants Trial in U. S.
II would welcome a trial of the
charges" Capt Carroll said when
informed of Col. Kilian's action. II
only ask that the trial take place
In the United States, where the
American people can find out the
real fraud that was perpetrated in
this affair"
upon the evidence produced in
the trial of Sergt. Judson Smith,
both the trial judge advocate, Maj.
Leland Smith, and myself recon-
mended that Col. Kilian be tried
on a conspiracy charge Jointly with
all accused and that trial be had
before q single tribunal.
THE court itself directed its presi-
dent to recommend that Col. Kilian
be tried for conspiracy, suborna-
ton Of perjury and intimidation OF
witnesses. He was not tried on
any Of these recommended charges.