Evening star. [volume] (Washington, D.C.) 1854-1972, 1946-09-01
Carroll Welcomes
|Court-MartiaI on
Charges by KiIian
BY the Assoeioied Pres,

BY the A,soeiaied Pres.
BAD NAUHEIM. Germany, Aug.
31.-Col. James A. Kilian signed
court-martial charges today against
Capt. Earl j. Carol, former Lich-
field trial prosecutor, charging him
with browbeating and intimidating
witnesses in the trials in which Col
Kilian was convicted of permitting
cruelties to CT prisoners.
Capt. Carroll. stormy figure in
military court procedure during re-
cent months. replied promptly he
would welcome trial, and an
nounced he had appealed to Wash
ington for a board of inquiry in
vestigation into this entire mat
ter" He said he asked only that
his trial, If ordered, take place in
the United States where the Amer
lean people can find out the real
fraud that was perpetrated in this
affair"
Capt. Carroll was accused in the
document signed by the former de-
tention camp commander of con-
iucting the prosecution with wrong
full, unlawful and malicious intent
to procure the prosecution and con-
viction" of Col. Kilian. Col. Kilian
was convicted this week of permit
ting cruelties at the detention camp
in Britain. He was fined $500 and
reprimanded.
Protested 'Whitewash.'
Capt. Carroll was assistant pros
ecutor when the Lichfield trials
opened in London last December
but resigned after the opening trial
with a protest that high-ranking
officers were being "whitewashed. u
Later Capt. Carroll figured in pro-
tests of American soldiers and civil
ians imprisoned by the army in Ger
many. Capt. Carroll charged they
had been held for months without
counsel and without formal charges
AS the charges were delivered-by
Col. Kilian himself-to Capt. Carroll
at Continental Base Section Head
quarters, the San Bruno, Calf, at
torney was preparing to leave fol
Bremerhaven en- route to the United
States under orders. A few hour.
before, Capt. Carroll sent cables tc
President Truman and the Army
Adjutant General in Washington
protesting his return.
He asked the President to canoe
his return Until he gets reply te
a request for discharge in Europe
so he can defend the accused at my
own expense" He said delay woulc
permit receipt in Washington Of
his request for a board of inquiry
of this entire matter"
Asked For Delay In Orders.
Capt. Carroll. who has been with.
drawn by Brig Gen T. F.. Bresnahar
from several cases in which he wal
defense counsel, asked his com.
mander by letter for a delay in hi.
travel orders, charging his 'immed.
late removal" was motivated by per.
sonal animosity "engendered by rea.
son of my attempt to properly de.
fend the rights of accused persons.
Gen. Bresnahan's headouarter.
made no comment other than tina
Capt. CAROLS complaints "shoulc
have been sent through officia
channels"
Capt. Carroll was assistant pros.
ecutor in the opening Lichfield tria
in England, in which Sergt. Judsor
Smith was convicted of guardhouse
mistreatment of prisoners. After
Capt. CAROLS resignation, charge.
were brought against Col. Kilian
former commander of the Unitec
States Army 10th Replacement
Depot at Lichfield.
Since that time the trials were
shifted here and eight other guard.
and three officers besides Col. Kill.
ian were convicted for cruelties.
Illegal Conduct Charged.
Col. Kilian's charges accused
Capt. Carroll of throw beating, in.
timidating and haranguing" wit.
nesses, of violating court martha
rules Of evidence, of seeking i'm.
properly to influence the court, anc
of making unauthorized and un.
true releases of information anc
statements" to the press. adding
that Capt. Carroll conducted sale
trial as an illegal and unauthorized
board of inquiry"
He also accused Capt Carroll OF
"unlawfully representing himself to
be defense witness" in Col
Kilian's trial, with malicious in
tent to affect the testimony of de-
Tense witnesses and to influence
the conduct and conclusion of sale
trial He alleged that Capt. Car.
roll obtained special privileges TO,
prisoners who were prosecution
witnesses.
Col. Kilian's attorney said hi
would file a brief attacking tn,
legality of the court martial judg.
ment which found Col. Kiliar
guilty of permitting" cruelties
while acquitting him of authoriz
ing or even knowing about tn,
cruelties. The verdict still is sub
ject to military review.